New: A deep dive into tonight's opinion demolishing the Trump campaign's bid to stop Pennsylvania from certifying Biden as the winner — and illustrating how the campaign has failed to translate unfounded fraud conspiracy theories into winning legal claims buzzfeednews.com/article/zoetil…
Step 1: The judge concluded Trump's campaign and the individual voters who sued lacked standing — the critical hurdle a party must clear to get anywhere in court buzzfeednews.com/article/zoetil…
Step 2: The judge concluded that even if Trump's campaign/the voters had standing, they would fail on the merits — that PA letting counties decide if they would let voters "cure" defective ballots wasn't unconstitutional buzzfeednews.com/article/zoetil…
Step 3: The judge finally wrote that even if the Trump campaign/voters had standing, and there was a constitutional violation, the remedy was still not to literally toss out every vote in Pennsylvania.
Rudy Giuliani and Jenna Ellis released a statement spinning this loss as a win, because it means they can get on with their "strategy" of getting this to SCOTUS (which assumes they lose on appeal) buzzfeednews.com/article/zoetil…
They also take a swipe at Judge Matthew Brann for being an Obama nominee, but, as GOP Sen. Pat Toomey noted in a statement tonight, Brann is a Republican (he was nominated as part of a compromise package under Obama) buzzfeednews.com/article/zoetil…
Big picture: Assume Trump somehow gets SCOTUS to invalidate millions of votes in Pennsylvania — Biden still leads in the Electoral College. Trump has to flip multiple states, and the campaign has yet to score any big wins in court, in any state buzzfeednews.com/article/zoetil…
tldr: When a judge writes, "This is simply not how the Constitution works," things are not going well for you in court buzzfeednews.com/article/zoetil…
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State of play on Trump campaign/GOP litigation in Pennsylvania:
- On Saturday, a federal judge dismissed (and demolished) Trump's big swing to stop the state from certifying Biden as the state's winner: buzzfeednews.com/article/zoetil…
- The campaign appealed to the 3rd Circuit, but contrary to their insistence this weekend that this puts them on a fast track to SCOTUS, what they're asking for is to go *back to the district court* and get a chance to press their second amended complaint assets.documentcloud.org/documents/7332…
- The judge had dismissed the campaign's first amended complaint (which they filed after the 3rd Circuit issued an opinion in another case, Bognet, that undercut much of the legal foundation of the campaign's complaint), and denied its request for leave to file a second one
One wrinkle in any effort by Trump to distance himself from Sidney Powell is that she is still representing Michael Flynn, and Trump has championed Powell's efforts to fight the criminal case against Flynn and, more recently, to back DOJ's effort to drop it. That's still pending.
I would like to tell you that I'm covering a hearing in Clark County, NV, in one of the cases challenging the county's handling of mail-in voting and seeking a revote, but...the courtroom is somehow muted on Blue Jeans, so I am only covering in the sense that I can *see* it...
A masked lawyer is currently gesturing. Then the masked judge is gesturing. That's all I've got.
In Pennsylvania, the Trump campaign has withdrawn its appeal of a judge's order rejecting their challenge to 592 absentee ballots in Montgomery County where the voter didn't write their address when they signed the envelope declaration
Elswhere in PA, a judge in Bucks County rejected the Trump campaign's appeal of the county's decision to count 2,117 absentee ballots with various deficiencies. Judge notes both sides agreed there was no evidence of fraud re: the ballots in this case assets.documentcloud.org/documents/7331…
Just in: A GOP win in Pennsylvania — Commonwealth Court judge ruled that 2,349 absentee ballots in Allegheny County where the voter didn't date their declaration are invalid, reversing a lower court judge assets.documentcloud.org/documents/7331…
Rudy Giuliani is holding a presser to rehash unfounded allegations of a left-wing conspiracy to rig votes in Dem-leaning big cities. He's with Trump ride-or-die lawyers from the past four years: Sidney Powell (also Michael Flynn's lawyer), Joe DiGenova, and Victoria Toensing
Giuliani is citing an affidavit filed by an election worker in Detroit that he says offers proof of fraud. Here are the excerpts from the court opinion explaining why the claims in this affidavit weren't persuasive or were altogether disproven by evidence from election officials
New: Trump's campaign is dropping its effort to stop Michigan from certifying results — there's a court notice, affidavits, and Giuliani statement, and they all *contradict each other* (thread coming.) Regardless of what they say, though, this case is over assets.documentcloud.org/documents/7331…
First, the facts: The Wayne County Board of Canvassers voted to certify the election results. That happened after the board initially deadlocked. Here's the Detroit Free Press: freep.com/story/news/loc…
The campaign's notice says the board of canvassers "declined to certify the results" — that is false. There are affidavits from the two GOP members that confirm they voted to certify — they're now trying to walk it back, but that's different from saying they declined to certify