Trump loses appeal of Pennsylvania election case


President Donald Trump

Carlos Baria | Reuters

A federal appeals court on Friday denied an attempt by President Donald Trump’s reelection campaign to keep alive his attempt to undo the outcome of Pennsylvania’s presidential election.

Blister opinions from a panel of judges on the US Court of Appeals for the Third Circuit, three of which were nominated by Republican presidents, said the Trump campaign’s “claims have no merit.”

The appellate court ruling confirmed a federal judge’s decision a week ago that refused to certify the Trump campaign’s request to block Keystone State that President-elect Joe Biden won his election.

The opinion marks the latest court loss for Trump, who has denied Biden winning the election, claiming he won the race. On Wednesday, Trump flatly stated, “We must turn the election over.”

Trump’s personal lawyer Rudy Giuliani argued for the Trump campaign in the case of US District Court Judge Matthew Brann in Williamsport, Pennsylvania. Giuliani has led the Trump campaign in charge in a court of public opinion, spreading unproven claims of widespread voter fraud, saying he stressed the election’s outcome.

But the appeals court noted in its 21-page opinion that before Bronn stood in a court room, Giuliani said the campaign in the case “does not plead fraud”.

“Calling an election unfair does not do it,” the 3 Circuit opinion read. “The allegations require specific allegations and then evidence. We have neither here.”

Another campaign lawyer for Trump, Jenna Ellis, later claimed in a joint statement with Giuliani on Friday, “The active judicial machinery in Pennsylvania continues to cover up large-scale fraud charges.”

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Alice’s tweet says, “On the Scotch!” Referring to the Supreme Court of United States.

Instead of arguing fraud in Pennsylvania, the Trump campaign’s federal lawsuit alleged that mail-in ballots were handled differently in counties, diagonally toward Democrats vs. those that favor more Republicans. Used to have an inclination. The campaign also alleged that some observers who witnessed counting of votes at polling places were unfairly banned.

Bronn said in his written decision that campaign advocates failed to present “factual evidence of legal arguments and massive corruption” in his unprecedented bid to invalidate millions of ballots.

In its appeal to the Third Circuit, the Trump campaign did not request that Bran’s rule be overturned. Instead, the campaign requested that he be allowed to submit a revised version of his legal complaint to “reinstate the legally removed claims” from the previous claim.

But even the parade-down argument was rejected by the appeals court.

“The campaign appeals on a very narrow ground: whether the District Court abused its discretion in not allowing the campaign to be amended a second time. It did not,” read an opinion written by Stephanos Bibas, which Trump said in 2017 I was nominated to the bench. .

The appellate court wrote that “most of the claims” in the latest complaint from the Trump campaign “boil down to state law issues.”

“Pennsylvania law is set to ignore a number of technical defects. It is in favor of counting votes as long as there is no fraud,” Rai said.

“The campaign seeks to rebut these state-law claims as unconstitutional discrimination. Yet its allegations are vague and perfunctory,” Bibas said.

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“It never alleges that anyone considered the Trump campaign or Trump votes to be worse than the behavior of the Biden campaign or Biden votes. Federal law does not require pole watchers or they cannot state how they Can inspect. It also says nothing about treating technical state-law errors. In ballots. Each of these defects is fatal. “

Bibas also noted that the piece of mail-in ballot being challenged by the Trump campaign is “far smaller” than the margin of victory in Pennsylvania.

Bibas said, “Bouncing mail-in ballots will make millions of ballots huge and unprecedented, which will reduce the huge number of voters and also affect all the ballots.”

Biden defeated Trump in the state by more than 81,000 votes, and garnered 20 of his electoral college votes. Compared with 232 for Trump, Biden is projected to win 306 electoral votes – more than 36 to win them.

Pennsylvania has already certified its votes for Biden, along with other major swing states including Michigan, Georgia and Nevada.

Mark Scarringi, a lawyer and conservative talk-radio host representing the Trump campaign in Pennsylvania, requested in a letter to the appeals court on Wednesday that Giuliani be allowed to give oral arguments in the case. Appellate judges on Friday denied that request for oral argument.

In a footnote within that letter, Scarringi detailed a long-shot legal strategy for Trump to reverse Biden’s victory in the state, despite the fact that its results have already been substantiated. The legal bank-shot would require a federal court invalidating that certification, then to send the General Assembly of Pennsylvania to Trump’s pro-electoral college.

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Scarringi wrote, “By a District Court ruling, President Trump made the legal votes significantly impact the General Assembly.”

An appellate lawyer told CNBC that the strategy looked “persisted”.