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23 Nov, 4 tweets, 2 min read
JUST IN: Trump appeal brief for 3rd Cir. due at 4:00PM, filed at 4:19PM. Doc: bit.ly/2KBdNhx Earlier: politi.co/36WChJA
Not sure what to make of it, but only lawyers who signed this brief are Marc Scaringi and Brian Caffrey. Also the brief throws Kerns under the bus, says she was responsible for the 1st Amended Complaint Trump campaign now says was erroneously filed.
Another Q for the lawyers: if you cite a district court opinion that has been stayed by published appellate court opinion, are you supposed to note that as well? Like this one: bit.ly/370aJD3
Trump TRO motion accompanying the brief: bit.ly/3frxvYe

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More from @joshgerstein

Josh Gerstein Profile picture
24 Nov
JUST IN: Carson City, NV judge hearing election challenge filed by Trump electors has set a hearing for 12/3 at 130PM local. Will allow 15 depositions for each side between now and then. Atty is @SidneyPowell1's co-counsel in Flynn case, @jbinnall.
Binnall said part of the challenge is over the use of Agilis scanner and signature matcher. 'It is important, for sure, but is far from the main meat of our challenge," he said.
We could see fight over secrecy relating to witnesses. Binnall said he wants a protective order b/c of threats, but idea that a presidential election challenge will be resolved based on secret testimony seems highly implausible. List of challenger witnesses due by 5PM local tomw
Read 4 tweets
Josh Gerstein Profile picture
17 Nov
Important point since Giuliani is arguing right now for 'canceling of these ballots'....almost 700,000 the Trump campaign says were counted w/inadequate observation....
Another atty for SOS Boockvar, Mark Aronchick, just quoted Saylor's dissent from PA Supreme Court ruling where he said ballots shouldn't be thrown out even if observers were mistreated
Here's my report from inside the modest courthouse in a central PA city of 28,000 where Giuliani is trying to rescue the Trump campaign's foundering effort to challenge the election results politico.com/news/2020/11/1…
Read 22 tweets
Josh Gerstein Profile picture
17 Nov
Greetings from Williamsport, PA where Trump lawyer Rudy Giuliani just arrived for a hearing on Trump suit trying to block certification of Biden win in the state
There are about 50 Trump supporters in a Wegman's parking lot across the street, chanting "Stop the steal!" "Dead people can't vote" and "Four more years!" But as Rudy arrived they broke out into "Rudy! Rudy! Rudy!"
Rudy is sitting in the courtroom now at counsel table. I believe Linda Kerns the PA local counsel is sitting next to him. Hearing seems like it is about to start...
Read 10 tweets
Josh Gerstein Profile picture
17 Nov
NEW: The Trump campaign's lawsuit seeking to throw out the PA election results descended into farce Monday night. The campaign moved to replace its whole legal team, then asked for a delay, just after assuring judge a new atty was prepared for hearing tomw politi.co/2Kf0rYa
Judge denied the continuance and has only approved the exit of 2 out of state lawyers, not the local counsel who helped launch the suit. Told the lawyers to be prepared for argument & questioning.
The new attorney, @MarcScaringi, is a lawyer and conservative talk radio host who ran unsuccessfully for the GOP nominate for the U.S. Senate in 2012, coming in 5th out of 5. He also predicted less then 10 days ago that the Trump campaign's legal efforts would come to naught
Read 4 tweets
Josh Gerstein Profile picture
6 Nov
NOW: Hearing underway before Las Vegas federal judge on GOP challenge to Clark County NV automated process for absentee ballot signature matching
GOP lawyer David O'Mara's 1st complaint is access to counting, says public observers are behind glass. 'It's just basically nothing. You get nothing out of it. It makes that statute a nullity.'
Judge is quoting Justice Kavanaugh about dangers of federal judges stepping into election administration at last minute
Read 9 tweets
Josh Gerstein Profile picture
29 Sep
Long-awaited hearing in Michael Flynn case is underway by video before Judge Emmet Sullivan. It's been 54 weeks since the parties went before him. Last big ruling in the case came last month from en banc DC Circuit politi.co/3jyuTIS
Judge says issue isn't whether case should proceed to sentencing. "Sentencing has already commenced," Sullivan notes. Such hearing took place in December 2018 and was continued...
OK BIG: Judge says Flynn 'elected not to fully cooperate with the government' last year. Flynn's position is that he did cooperate and the government decided to drop him as a witness at his business partner's trial
Read 6 tweets

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