Brad Heath Profile picture
24 Nov, 17 tweets, 5 min read
Pennsylvania has filed a brief opposing Trump's request to enjoin certification of the state's election (which already happened). "No federal court has ever issued an order enjoining a state's certification, or directing decertification, of presidential electors."
Pennsylvania notes that Trump's lawyers didn't adhere to the procedural requirements for seeking an injunction.
Pennsylvania also argues that although Trump offers "the rough outline of a potential statistical analysis - and theories about an elaborate conspiracy - precedent requires much more than hypotheticals to justify injunctive relief."
(In other words, if you want an injunction and are claiming you're going to be hard without one, you need to put up some evidence to prove it.)
Pennsylvania seems unclear here on what, exactly, Trump wants to enjoin at this point. But whatever it is, it would be "unprecedented, unjustified and probably unconstitutional."
Pennsylvania says granting Trump's injunction would "grievously undermine the public's trust in the electoral system, contravene democratic principles and reward Appellants for their procedural gamesmanship."
Pennsylvania's latest filing is somewhat less restrained than its merits brief. "Appellants' conduct officers a case study in procedural chicanery."
DNC weighs in. It notes Trump's trying to enjoin PA's election results while pursuing an exceedingly narrow appeal. Even if Trump won, all he'd get is an order instructing a lower court to decide whether there were other grounds for denying his second amended complaint.
DNC: "The Trump campaign's unsupported claims that the election was rigged are meritless. This court should bring an end to Plaintiff's attempts to delay the inevitable, and should allow the millions of votes that Pennsylvania solemnly cast on election day to be counted."
DNC notes that Trump's lawyers themselves argued that decertifying an election "unchar[t]ed ground" and maybe isn't constitutional. (The bracket corrects the typo in Trump's original filing.)
DNC: Even if you could somehow de-certify PA's election, none of the defendants Trump actually sued would have the power to do that. The governor certified the election, and he didn't sue the governor.
DNC: To get an injunction, Trump would have to show that he's likely to succeed in overturning the state's election results. "They cannot do so, as they have not identified any ballots in Pennsylvania that were counted despite being invalid under state law."
Quite a heading. Also, accurate.
The counties also weigh in: A request to overturn an election should be "made only with formidable bases in fact and law. But that is not the case presented to this Court. Plaintiffs' outlandish request is premised largely on claims that are not even part of this case."
Again, Trump's lawyers said they wanted to take this case to the Supreme Court but didn't actually engage an appellate lawyer, and it shows.
One puzzling part of the case has always been that it's brought on behalf of two voters who are alleging the government correctly rejected their ballots. That's .... ?
Defendants in Trump's suit have filed a lot of stuff tonight on his request to overturn the election.

They offer the judges a *lot* of ways to end the case.

I don't really know how to describe it. It's like a kid from down the block going up against an NFL offensive line.

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More from @bradheath

25 Nov
Bunch of law profs pile on in the 3d Cir.: "For the good of the country, for the good of the Constitution, for the good of democracy, and for the good of all the voters who did all the law required of them to cast lawful ballots, the Court should reject Trump's challenge." Image
(Among the group are Erwin Chemerinsky, @LeahLitman, @marinklevy.)
The brief is about remedies. Whatever else is going on with Trump's lawsuit, they say, he can't just overturn the results of an election. That would "subvert democracy, undermine federalism, and threaten the orderly transfer of power." Image
Read 4 tweets
24 Nov
Pennsylvania responds to Trump's 3d Cir. appeal: "It is beyond time for this baseless litigation to come to an end."

It argues that Trump's campaign made a mess of the litigation, and giving it permission to file a new complaint would be futile because that one would lose, too. Image
The state says that even Trump allowed to amend, plaintiffs wouldn't have standing. "Their proposed second amended complaint is Frankenstein's Monster's Monster, randomly re-cobbled together, even more illogical and haphazard than the first." Image
The state also says that because Trump's lawyers chose not to challenge most of Judge Brann's decision -- that their claims lack merit -- they're now stuck with it. Image
Read 7 tweets
23 Nov
President Trump's lawyers have filed their Third Circuit brief. They're asking the court to reverse the district court's decision that they could not amend their complaint a second time.
Trump's lawyers want to make clear that they're not "seeking to disenfranchise 6.8 million voters." They're seeking to disenfranchise some subset of 1.5 million voters who cast absentee ballots in some counties.
(Though their lawsuit literally asked that the court prevent the state from certifying the results of the election.)
Read 22 tweets
23 Nov
President Trump's lawyers just told the Third Cir. they plan to seek an emergency restraining order to block Pennsylvania from certifying its election results. Image
This is something Trump could have done when it filed its appeal. Or yesterday. Or .....
Trump's legal team says that because of the " the extreme time pressures involved in drafting and filing all of the motions and briefs required," it should get to add 1,300 words to its brief. Image
Read 5 tweets
23 Nov
Meanwhile, John Solomon has been looking through court cases and claims to have found "a mountain of evidence has been amassed in private lawsuits alleging there was, in fact, significant and widespread voting misconduct."

There isn't. This is profoundly misleading.
Here's the link if you're curious, justthenews.com/politics-polic…, though I caution you that reading it will leave you *less* informed.

Solomon claims to have found "a dozen compelling allegations of voting irregularities."

But no.
Item 1 is a Detroit poll worker who claimed thousands of ballots had been backdated or falsified. She did claim that, but Solomon leaves out quite a lot.
Read 8 tweets
23 Nov
So the big election-rigging case President Trump wants to tee up for the Supreme Court is actually whether his lawyers should have gotten permission to fix a filing they screwed up.
Best case this strategy means Trump gets to go back to the district court and lose on standing a second time?
President Trump's appeal of a judge's brutal rejection of his efforts to overturn Pennsylvania's election -- the one his lawyers said would get them to the Supreme Court -- is *only* about whether the judge should have given them leave to fix a complaint his lawyers screwed up.
Read 24 tweets

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