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17 Nov, 5 tweets, 1 min read
I'm hoping the court will actually give some indication of what he thinks about the issues.
First question from judge asks how it could possibly be justified to disenfranchise 6.8 million voters based upon allegations involve two voters' voting rights.
Rudy is so full of shit.
Rudy's wrong on the facts (there weren't 600,000 ballots counted without observation) and he's wrong on the law (throwing out ballots for lack of observation is not a thing)
What Rudy's arguing is also not in the operative complaint. You can't get there from here.

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More from @rickhasen

Rick Hasen Profile picture
18 Nov
The Trump Campaign has filed its proposed Second Amended Complaint in the PA federal voting case. It's not much different than the earlier one and seeks the same relief. courtlistener.com/recap/gov.usco…
They have tried to restore the claims arguing that the legislature and Secretary of State usurped the power of the state legislature under the Elections and Elector clauses, something they had abandoned given a new 3rd Circuit has saying they had no standing.
At bottom they are asking for the federal court to throw out the votes of millions of Pennsylvania voters and declare Trump the winner of the election (or let the legislature pick Trump). This is not a thing. Image
Read 10 tweets
Rick Hasen Profile picture
5 Nov
We don't get to replay election night next week, but it would look considerably different with final vote totals rather than the haphazard release of results yesterday caused in part by the pandemic. These public optics of election night matter. /1
But the other thing that matters is when the networks call a presidential race. The decision desks have been appropriately cautious given the odd patterns by which vote totals are revealed thanks to the pandemic. /2
If the networks and media companies say tomorrow or Friday that Biden has enough votes to be President, it will be very hard for Trump to keep up his small bore lawsuits and keep fighting. It's a powerful thing to see a presidential race called. Just ask Al Gore. /3
Read 6 tweets
Rick Hasen Profile picture
4 Nov
Trump is claiming victory in particular states based on partial returns, ignoring the potential for a shift to Biden. He's going state by state though and has not yet said he's won the election. (The race is too early to call)
Trump is saying his opponents want to go to court. It is Trump that has been going to court.
There it is: Trump says: "This is a fraud on the American public...Frankly we did win this election." He wants "voting" to stop but there is no more voting. He says he's going to the Supreme Court.
This is profoundly dangerous talk. Votes are still being tallied.
Read 5 tweets
Rick Hasen Profile picture
3 Nov
This has been an election day just the way I like it. Kinda slow on the election mess-up/long lines/intimidation/suppression/fraud rumor front.
Remarkable given what it took to get to today.
I'm not saying things can't go south still in the counting and the aftermath.
But last week I had to talk down a lot of people worried about violence and intimidation at polls, long lines, and tons of machine breakdowns.
The biggest election day failure is from USPS to timely deliver the ballots, and we can put the blame squarely on DeJoy.
Thanks to @johnkruzel who has been all over this story
Read 4 tweets
Rick Hasen Profile picture
3 Nov
"Rudy Giuliani went silent, even though a reporter sweetened the deal by agreeing to hear him out on the Hunter Biden intrigue, a current Giuliani obsession."
"Sen. Ben Sasse didn’t respond to a DM. Chris Christie didn’t return a text. A message to the spokesman for Sen. Josh Hawley, an up-and-comer in the party, went unanswered."
"Sen. Lindsey Graham didn’t return a call after POLITICO left a voicemail for him."
Read 4 tweets
Rick Hasen Profile picture
2 Nov
Going to start a list of the ways that Republican lawmakers and election officials have needlessly made it harder to vote during COVID. Feel free to add on here.
1. Ohio SOS Frank LaRose opposing drop boxes while claiming his hands were tied.
2. TX Gov. Abbott reversing on boxes.
3. Pa. legislators and North Carolina legislators going all the way to the Supreme Court to try to stop extension of receipt of mail-in ballots mailed by election day.
4. Alabama SOS Merrill fighting against allowing counties to offer curbside voting for immunocompromised voters
5. South Carolina not challenging judicial elimination of witness signature during primaries, but challenging (all the way to the Supreme Court) same rule applied in general election; and doing so after instructions told voters no signature needed
Read 15 tweets

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