And yes, it being an affidavit of someone of "sound mine" is definitely a clue that this is a pile of total nonsense.
Like, even if you put on your rosiest pro-Trump sunglasses - the ones that are so dark you can't actually see anything out of them - this doesn't amount to a hill of beans.
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My mini-thread on the Pennsylvania decision is here. Bottom line: a completely expected but humiliating and harshly worded defeat for Trump. The judge pours calumny on Rudy’s head civilly but brutally.
Wanted to bring this good comment up to top. This is right.
If you actually had even the tiniest shred of evidence of anything that was said in the Rudy presser just now - even a whiff of it - you would march into federal court with it metaphorically stapled to your face.
There is no possible advantage for the Trump team to hold back their supposed evidence. In their fantasy world, the courts need to act RIGHT NOW to prevent certification. Not tomorrow, not next week. If I had the goods on such a thing (and of course, there are no goods) /2
I would break every #AppellateTwitter rule about not using dual modes of emphasis (this is a law nerd joke). It would be bolded, and italicized, and in flashing colors. The cover of my brief would be the evidence. I would make a tie of the evidence and wear it.
One other oddity: Trump has filed a motion for expedited discovery based on Federal Rule of Civil Procedure 57, which is the rule about declaratory judgment actions. This puzzled me - I don't see what this case has to do with a declaratory judgment. 1/
A declaratory judgment action... to really simplify, it's a lawsuit used to adjudicate a problem that's going to happen in the future usually. Like, party A and party B have a beef about a contract and want to sort out the dispute before action happens in the future. 2/
And indeed, there's no declaratory judgment claim in Rudy's new Complaint. I know they use the word "declaration" but... that's not really the same thing. This is not a declaratory judgment action. /3
Another note about Trump's motion for extension of time in the PA case. When you file a motion, you have to ask your opponent if they agree Trump didn't do that, but also didn't say the normal thing - "We tried, but we're out of time so we filed."
1/
It's not the biggest deal in the world, but in many courts where I practice, literally any motion filed like this would be auto-denied.
Now, probably Judge Brann won't do that given the whole situation, but really people - you can't file this.
And like I could call up any practicing lawyer I know and ask "what do you do if you're pressed for time to confer" and they'd say, "Oh you write you called and emailed opposing counsel and couldn't get their position."