Here is tonight's Pennsylvania decision dismissing the Trump curing challenge. The court found that the voters had an injury in fact but blasted other aspects of the case, including the relief...…
...The court did not contest the voters were treated unequally but noted that the redress in such a case should be to "level up" to be sure that these votes are counted rather than "level down" to invalidate millions of other votes...
...Thus, the different curing standards do present an injury but not the basis for such sweeping relief as to deny certification. The court also hit the Trump team on standing and the chosen county defendants.
It is a scathing decision that refers to the filing as a "Frankenstein’s Monster... haphazardly stitched together from
two distinct theories in an attempt to avoid controlling precedent."
The Trump team expressly acknowledged that some arguments were barred under controlling precedent but said that it wanted to pursue them on appeal. It can now seek to file an expedited appeal to the Third Circuit.
An appeal would still face the steep climb on the relief element to stop certification in the state. While acknowledging the individual injuries, the court repeatedly struck out at the notion that it was being asked to protect these voters by disenfranchising millions of others.
Conversely, the Trump team can point to the finding that "Individual Plaintiffs have adequately pled that their votes were denied." This island of support however is found in a vast ocean of countervailing and caustic findings by the court.

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Jonathan Turley

Jonathan Turley Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @JonathanTurley

22 Nov
This is truly painful to watch. The Trump campaign just declared that Sidney Powell (who was featured by the Trump campaign a few days ago) is not representing the campaign.…
Here is the statement about the person just featured in the campaign presser: "Sidney Powell is practicing law on her own. She is not a member of the Trump Legal Team. She is also not a lawyer for the President in his personal capacity.”
If B.F. Skinner was right that "chaos breeds geniuses," the Trump legal team will soon be given Mensa status.
Read 6 tweets
19 Nov
Giuliani is raising the "curing" issue and the Equal Protection claim. The challenge is with the number of affected "cured" ballots and the tendency of courts to use the mootness doctrine to dismiss such challenges if insufficient to change the outcome.…
Giuliani is quoting My Cousin Vinny on the inability of observers to observe from the required areas of separation. He is citing 60 affidavits. However, this claim has not been successful in the state courts.
...CNN is not showing the press conference on the Trump claims of voter fraud.
Read 23 tweets
17 Nov
The Pennsylvania Supreme Court rejected one of the main arguments raised by the Trump campaign on observers. The Court found that officials are only required to be in the room not necessarily close to observe details. It deferred to the officials...
...This is a matter of state law and the Court ruled that the legislature did not specify a distance and it would not judicially add one as a matter of interpretation. That is a fairly textual approach that many conservative jurists would find compelling.
As I stated last week, observer and sharpie challenges are not going to do much for challenging these results. The Trump team has to produce systemic problems with authentication or tabulation. In the interim, the GSA needs to "ascertain" this election to allow for a transition.
Read 5 tweets
15 Nov
Martha Raddatz is exploring the continued failure to officially start the transition briefings for Biden-something many of us have called for. Since the tabulation period is now effectively over, I fail to see the basis for the GSA not "ascertaining" a Biden victory...
... My equal concern is the lack of Covid briefings with the task force. Trump can continue to litigate these challenges, but many of us said that this week would be critical to seeing any evidence of systemic problems or fraud. That has not emerged in these cases.
...Ascertainment under the federal law is not calling any election or certifying results. It is merely an administrative decision that sufficient evidence supports releasing transitions funds and resources. That should have been done last week.
Read 5 tweets
13 Nov
My agreement with some of Alito's points does not alter the concerns over the messenger rather than the message. I still maintain that justices should speak primarily, if not exclusively, through their opinions.…
...All of those issues have been and will again be before the Court. Indeed, as Alito was making these ill-considered comments, the Catholic Church was coming before his Court in these very issues.
...It is also worth noting that many liberals are objecting to Alito’s speech despite celebrating even more alarming public speeches by Justice Ginsburg during his life. Indeed, these public controversies highlight the glaring contradiction in the use of the “Ginsburg Rule.”
Read 4 tweets
10 Nov
Busy day. Over at the Senate, Lindsey Graham is drilling Andrew McCabe on the strange contrast in the FBI pouring in resources into investigating the Trump associates on a lead from an English bar but not a CIA referral of a Hillary Clinton/Russia allegation.
McCabe seems bizarrely unaware of any evidence that undermined the investigation including the CIA information the FBI that Carter Page was a CIA operative. As with Comey and Yates, no one will admit knowledge or responsibility. It is as if the FBI was left on auto-pilot.
McCabe just joined Comey, Rosenstein, Yates and others saying that he would never have signed off on the surveillance if he knew then what he knows today. That seems to make it unanimous on both the abusive surveillance and unanimous on the denial of personal responsibility.
Read 12 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!