Follow-up from yesterday's hearing in Pennsylvania. I said the judge is likely to dismiss the case. Why do I think that? We have several clues - *other* than the fact that the case is terrible: (1) The Judge not only was extremely skeptical, he had specific targeted questions 1/
In particular to Trump's side. That sounds like a judge who has mostly written up an opinion, or knows what he wants it to say, but is giving the loser a chance to persuade him. As we all noted yesterday, Rudy was ... not persuasive. /2
(2) The judge refused to schedule an evidentiary hearing, which he'd need to if there was any chance he would grant injunctive relief to prevent the certification of the votes. (3) the briefing schedule the judge imposed (Today, and then Friday for the next briefs) does not /3
suggest the judge is hurrying the deny the motion to dismiss so that he can hear evidence. (4) The judge told Rudy that he should probably try to amend his Complaint - a sure sign that it's about to be dismissed - although he caught himself and said "I haven't prejudged it" /4
(5) The judge is not acting with the speed you'd need to get relief on Rudy's side. Not even close.
It reads to me like the Judge has decided the case; he's letting Rudy make a record by filing a brief today and filing leave to amend; and then he's going to grant the MTD and /5
It reads to me like the Judge has decided the case; he's letting Rudy make a record by filing a brief today and filing leave to amend; and then he's going to grant the MTD and /5
deny leave to amend.
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