🚨 Trump PA Case Dismissed: "this Court has been presented with strained legal arguments without merit and speculative accusations... this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state." courtlistener.com/recap/gov.usco…
I'm going through it now, but, yeah, Judge Brann is — appropriately — QUITE unhappy with the Trump campaign's litigation here. (This was the Rudy argument, although there also were [similarly bad] brief filings as well.)
After going through the facts and the procedural posture — noting all of the counsel changes for the Trump campaign — Brann gets to the legal issues, which somehow went even worse for the Trump team, from the get-go.
Never a good sign when the judge says, "The Court will thus analyze Plaintiffs’ claims as if they had been raised properly ..."
Standing, for non-lawyers, is whether you can bring the lawsuit. In the simplest terms, you need to be able to show a specific injury that you suffered — as in, not a general injury that everyone could claim — that will be able to be addressed by your lawsuit. Here's Brann:
This was clear from the hearing, but Brann knocks out the idea that voters can sue *another* county or the sec of state because *their* county chose not to allow them to cure an error with their ballots.
LOL. Judge Brann used almost the same language later in the opinion.
This really sums it up: "[T]he answer to invalidated ballots is not to invalidate millions more."
Oh my god.

"The standing inquiry as to the Trump Campaign is particularly nebulous because neither in the FAC nor in its briefing does the Trump Campaign clearly assert what its alleged injury is."
After not finding standing for the Trump campaign, Brann drops a footnote to address the other elements.
Then, Brann considers how he would have ruled on the merits claims: "Even if Plaintiffs had standing, they fail to state an equal-protection claim." As to the individual plaintiffs who lived elsewhere in counties without vote-curing procedures ...
"[T]hey ask the Court to violate the rights of over 6.8 million Americans. It is not in the power of this Court to violate the Constitution."
The "one" in italics is judge-speak for, "So, you think this is as weak as I do. Good to know."
After finding no standing and finding that the merits claims would fail anyway, Judge Brann dismisses the case "with prejudice," meaning they can't try again, and denies their request to further amend their complaint.
Here's the formal order dismissing the case, from which the Trump team *could* appeal. (But it would be quite a steep hill to try to appeal *this* opinion.) courtlistener.com/recap/gov.usco…
For reference, here was my thread on the argument:

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More from @chrisgeidner

20 Nov
Bill Barr gets Supreme Court intervention to allow him another execution. Tonight it’s Orlando Hall.
As with most “shadow docket” orders from the Supreme Court, we get no explanation for their decision. It’s a bad practice, & the Court should stop it. Here, it’s particularly egregious, as they reversed a lower-court order that would’ve kept Hall alive — & they did so in silence.
There is an actual body count to go along with Bill Barr’s time running DOJ. And he is continuing to add names to the list after his boss was defeated for re-election. He is literally killing people now because he’s concerned the next administration won’t do the same.
Read 5 tweets
19 Nov
Brad’s tweet and thread are, as always, excellent, but this framing of “power play” in the article is absurd. This isn’t a power play; it’s an attempt at ending democracy.
Any attempts to sugar-coat this with sports metaphors or by treating it like a game are both understating the actions and providing cover for those other officials going along with or refusing to confront Trump on this.
That matters now, yes, but it also matters going forward, after Jan. 20, when President-elect Biden is in office and Republicans who are saying nothing now (or even encouraging him) attempt to memory hole this as some aberrant Trump-specific moment.
Read 5 tweets
19 Nov
Does someone have the actual filing?
I ask because this is a story characterizing filings that are themselves going to be the prosecutors’ take on what they found, so I’d like to see the docs.

What is described, though, is an incredibly disturbing, mass-terrorism plot to attack a state.
Read 4 tweets
19 Nov
The Trump campaign and his Republican allies are still trying to disenfranchise Detroit voters in Michigan. (Although it appears to be, yet again, mainly a posturing move to later stick in another unsuccessful lawsuit.)
Lest there be any doubt that this is totally orchestrated, there is already a fringe story posted and tweeted out by Trump propagandist John Solomon (see thedailybeast.com/fox-news-parts…) that was RTed by Trump himself.
Read 4 tweets
17 Nov
In the midst of this ridiculousness in Pennsylvania is this lawlessness out of Michigan.
Trump lost, soundly, but he and his allies want to just steal the election — by ignoring the votes of the election. This is lawlessness. Republicans need to address this, now, or admit that theirs is an irreparably rotted party.
Read 4 tweets
17 Nov
Note: All 4,000 available public access spots have been taken up.
Follow-up note: I got on the second line with another apparent 4,000 spots. pamd.uscourts.gov/sites/pamd/fil…
It’s really wild to hear Rudy Giuliani, two weeks AFTER the election, complain about processes for mail-in voting put in place well BEFORE the election for the election. This is a joke, if it wasn’t an attempt by him to steal the election from Biden and for Trump.
Read 50 tweets

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