NEW: Trump campaign files its appellate motion to the Third Circuit in the big Pennsylvania federal case to stop certification of the vote.
Brief here:
1drv.ms/b/s!AnM-WBnwB3…
Despite Rudy Giuliani's promise on Saturday to fight this case in the 3rd Circuit and all the way to SCOTUS, what the Trump campaign has filed here is a very narrow appeal case that actually requests returning to the lower district court.
When the district judge, Matthew Brann, tossed the case on Saturday, he also ruled the campaign couldn't revise its initial complaint because delays had already occurred.
The only thing the Trump campaign is asking the 3rd Circuit to do is allow it to file that revised complaint.
Now, the campaign is also suggesting that IF the 3rd Circuit allows the filing of an amended complaint, it should also allow a hearing of the merits of the case b4 Judge Brann.
Problem is: most of what would be in an amended complaint are arguments Judge Brann has already tossed.
NEW: Trump campaign attaches its emergency motion for injunction pending appeal to its main appeals brief.
Motion here:
1drv.ms/b/s!AnM-WBnwB3…
So when you read the emergency motion, you discover that...it's based on an amended complaint that doesn't even exist yet.
Asking for a TRO on a *proposed* complaint is basically saying, "Cook me up an injunction today and I'll gladly give you the law & proof on Tuesday." Image
To recap: the Trump campaign has asked an appeals court to allow it to file a revised version of the PA election suit a federal judge obliterated Saturday night.

Meanwhile, it's also asked court to stop certification of the vote in PA, based on the revisions it hasn't filed yet.

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More from @alanfeuer

25 Nov
JUST IN: This filing by state of PA sums up where we are in that state.
A court today stopped the certification of the PA vote in so far as it wasn't finished in the presidential race. The ruling seems mostly to affect some uncalled state level races. But the Penn wasn't pleased. Image
The state appealed to the Penn Supreme Court asking for emergency relief. Image
To be clear, the Commonwealth Court ruling that Pennsylvania has appealed to the PA Supreme Court was a narrow one that set a hearing for Friday on the merits of the underlying suit.
That said, a court's intrusion in the certification process is a big deal.
Read 6 tweets
25 Nov
In new filing to 3rd Crct, Team Trump tries to amend its argument in a footnote in a letter to court.
Trump had asked to stop certification of PA's vote--now moot b/c that's already happened. Here he tells the court it can sua sponte DE-certify even tho that was never requested. Image
In the same letter, the legal team asks the 3rd Circuit to admit Rudy Giuliani pro hac vice if there are going to be arguments in the case. Image
To return to this footnote:
It's pretty crazy to refer to Gov. Wolf's actions yesterday as a certificate he "allegedly issued." There was nothing alleged in certifying PA's vote.
Team Trump admits as much by asking for DE-certification which presupposes the vote was...certified. Image
Read 4 tweets
24 Nov
NEW: A group of former GOP officials led by ex-NJ gov Christine Todd Whitman filed to intervene on behalf of the *Democratic* defendants in the 3rd Circuit appeal of Trump campaign's PA federal lawsuit. Image
The proposed brief is geared specifically toward keeping the PA Assembly from picking its own electors in the race.

"B/c a failed election has not occurred here...a state legislature cannot appoint its own slate of electors for any
reason."

Brief here:
1drv.ms/b/s!AnM-WBnwB3…
JUST IN: Democratic defendants in Trump campaign's appeal of big PA election case come out swinging.

"The Trump campaign seeks to needlessly draw out this futile litigation by asserting the right to reinstate meritless claims..."

Brief here:
1drv.ms/b/s!AnM-WBnwB3… Image
Read 4 tweets
23 Nov
NEW: A group of Republican congressional candidates and voters who sued over the weekend to stop the certification of today's vote in PA have just filed a request for emergency injunction in the state courts asking--again--to stop the certification process in PA. Image
This emergency petition comes in a suit that seeks to invalidate the PA law to permit mail in balloting as unconstitutional. That law was passed last year with bipartisan support.
Given that the defendant Democratic officials haven't even filed reply briefs yet to the original complaint--let alone the emergency request--it's hard to see how the Commonwealth Court can issue a ruling before today's 1 pm deadline to certify the vote in PA.
Read 4 tweets
22 Nov
JUST IN: Federal judge in Pennsylvania dismisses the Trump campaign's central effort to stop certification of the statewide vote.
Story soon.
Key quote: "This Court has been presented w/strained
legal arguments w/o merit & speculative accusations, unpled in the...complaint & unsupported by evidence. In the USA, this cannot justify disenfranchisement of a single voter, let alone all voters of 6th most populated state."
Here's the link, belatedly, to Judge Brann's (fairly scathing) ruling.
1drv.ms/b/s!AnM-WBnwB3…
Read 6 tweets
20 Nov
I'll be following a hearing in Nevada challenging the vote in Clark County & seeking a new election there.
The Trump campaign isn't involved. Case was brought by a failed GOP candidate for congress Jim Marchant.
But if successful it could help Trump by delaying certification.
Lawyer for Marchant is objecting--in a highly unusual way--to a pro hac vice motion by lawyers for DNC saying this is a local case.
"This is not a matter of national interest," he says.
Marchant is also objecting overall to the DNC intervening in the case at all.
Read 23 tweets

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