⚖️STARTING NOW: Hearing in Donald J. Trump For President, Inc. et al v. Boockvar et al (Pennsylvania election lawsuit)
A lawyer repping PA's SecState Kathy Boockvar, Daniel Donovan of Kirkland Ellis, taking lead for defendants
It appears Rudy Giuliani will do the same for Trump campaign
The hearing concerns defendants' motion to dismiss and will center on Trump campaign's equal protection claim
Giuliani speaking now...references "widespread nationwide voter fraud" (not based in fact)
Giuliani cites Jimmy Carter, James Baker and the NYT as authorities who have said mail voting is especially susceptible to fraud
Here's the Trump campaign's equal protect argument in their amended complaint, for reference
Thrust of Giuliani's argument is that voters from heavily Democratic areas of PA who initially submitted ballots with critical info missing were more likely to be given a chance to fix, or "cure," defective ballots, while voters in more red parts had less opportunity to cure
Meanwhile, he's making frequent digressions about Trump allies being denied an adequate opportunity to observe the process
GIULIANI: "This is America. You're going to arrest someone because he wants to observe a ballot to make sure that his candidate isn't being cheated in a place that's well known for cheating?"
Giuliani says if the Trump lawsuit survives the motion to dismiss, he has hundreds of affidavits to submit as evidence. He's now proferring evidence to the court and describing the various exhibits aloud, e.g., a photo of an observer in Philly being forced to stand 20 feet away
NOW UP: Lawyer repping PA's SecState Kathy Boockvar, Daniel Donovan of Kirkland Ellis
Donovan dings Giuliani for arguing points that were omitted from Trump camp's amended complaint, particularly the canvassing observation point that Giuliani spent a good deal of time discussing
Donovan blasts the amended complaint for what it has *failed* to allege. No claim that: any qualified PA voter cast more than one ballot that was counted; that any qualified voter who submitted a mail ballot was wrongly rejected...
No claim that: anyone not eligible to vote in fact voted; no claim of voter fraud that affects equal protection
Donovan now methodically walking thru the requirements needed for plaintiff to show they have standing (i.e., the legal right to sue)
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⚖️🏥 Let's do a MEGATHREAD while we wait for arguments to begin in the big GOP challenge to ObamaCare at SCOTUS, shall we? (you can listen to it on CSPAN at 10am, fyi) (1/x)
Three issues:
(1) standing,
(2) did the '17 Trump tax bill, which zeroed out the tax penalty for not buying health insurance, render the individual insurance mandate unconstitutional?
(3) if the individual mandate IS unconstitutional, must the entire ACA be struck down?(2/x
Let's deal with those in turn
(1) Standing — This is a question of whether a plaintiff has the right to sue. Among the various limits to this right is the Constitution's requirement that courts only hear "cases or controversies." More on that here—> law.cornell.edu/wex/standing
Per below, top Republicans don't actually believe the vote was subject to fraud but are pretending to for political expediency. They fear that saying Biden won will alienate Trump's base ahead of critical GA elections and cost GOP their Senate majority washex.am/35bemGB
⚖️Reminder: The Justice Department, on behalf of the Trump admin, will join a group of GOP states at the Supreme Court tomorrow to urge the 6-3 conservative court to strike down ObamaCare in its entirety
From a preview story I just filed:
The political ground has shifted at an astonishing rate since the justices agreed in March to take up this latest Republican challenge to the ACA. (2/3)
Since then, the country has gone from enjoying historically low jobless numbers and registering fewer than two dozen coronavirus cases, to seeing millions of newly unemployed Americans lose job-based health coverage and more than 10 million infections across the U.S. (3/3)
This rather chilling prediction comes from an email exchange I had in SEPTEMBER with a former top Pentagon official who served in high level govt roles in several previous admins:
“The period between November 3 and January 20 promises to be the most anarchic in our history...
...”Whatever the outcome is, it will be regarded by a significant portion of our population as illegitimate.”
⚠️This is why it’s important to push back against false allegations of widespread voter fraud