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28 Nov, 5 tweets, 3 min read
NEW: A big loss in the GOP case seeking to invalidate the PA election results (the one where Rep. Mike Kelly is a plaintiff) — the PA Supreme Court has dismissed it outright, finding the challengers waited too long to bring it for it to survive scribd.com/document/48620…
This case, filed weeks *after* Election Day this month, challenged a law passed in *October 2019* that expanded mail-in voting in PA. The PA Supreme Court concluded the GOP challengers violated what's known as the doctrine of laches by waiting so long to sue
PA Supreme Court: "Thus, it is beyond cavil that Petitioners failed to act with due diligence in presenting the instant claim."
Recall this is the case where a lower court judge had ordered PA to stop whatever else was left to do to certify prez/non-prez election results while the case went forward. The PA Supreme Court vacated that order. Previously:
The Trump campaign wasn't a party in this case. On Trump's loss in Pennsylvania yesterday: buzzfeednews.com/article/zoetil…

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More from @ZoeTillman

Zoe Tillman Profile picture
27 Nov
NEW: The Trump campaign has lost again in its Pennsylvania case — the 3rd Circuit rejected its appeal.

Judge Stephanos Bibas, a Trump nominee, eviscerates Trump's case from top to bottom: "The Campaign’s claims have no merit."
buzzfeednews.com/article/zoetil…
Campaign lawyers Jenna Ellis and Rudy Giuliani called today's 3rd Circuit loss an example of "activist judicial machinery" in PA — the opinion was written by one of Trump's 3rd Circuit nominees, and joined by two W Bush appointees buzzfeednews.com/article/zoetil…
Bibas on the Trump campaign's arguments:
- "calling an election unfair does not make it so"
- "offers nothing more"
- "vague and conclusory"
- "grossly disproportionate"
- " alchemy cannot transmute lead into gold"
- "futile"
buzzfeednews.com/article/zoetil…
Read 4 tweets
Zoe Tillman Profile picture
25 Nov
New: Trump has pardoned Michael Flynn, who pleaded guilty to lying to the FBI. It's Trump's first post-election clemency action, and fuels speculation that he'll use his final months in office to reward allies still under the cloud of criminal prosecution. buzzfeednews.com/article/zoetil…
Trump's pardon announcement came while Flynn was still waiting for Judge Emmet Sullivan to rule on DOJ's motion to drop the criminal case against him — Sullivan heard arguments in late September buzzfeednews.com/article/zoetil…
Bringing everything full circle is the fact that Flynn's lawyer is Sidney Powell, who in recent weeks has been a very public voice pushing conspiracy theories that the election was tainted by widespread fraud and that Trump was actually the winner buzzfeednews.com/article/zoetil…
Read 6 tweets
Zoe Tillman Profile picture
25 Nov
New: In a GOP challenge to PA election results, a state court judge has ordered the state to not act "to the extent that there remains any further action to perfect the certification of the results" — it's not immediately clear what that means since PA certified the results yest.
This order is pending a hearing a hearing on Friday in the case, it's not a final order on the merits. It also orders the state to not take any action to certify results in non-presidential races
Here are actions that the GOP challengers asked the court to stop from taking place while their case is pending, most relate to non-presidential races, and have to do with issuing certificates to candidates/electors
Read 5 tweets
Zoe Tillman Profile picture
25 Nov
New: The Trump campaign filed a three-page letter in the 3rd Circuit this morning requesting oral argument in its big case trying to undo Biden's win in PA: assets.documentcloud.org/documents/7332…

There is a lot to unpack here, too much for one tweet, so bear with me
The 3rd Circuit doesn't let lawyers who aren't members of the court's bar to appear unless they're pro bono. Trump's legal team still asks to let Rudy Giuliani argue, saying he hasn't been able to get the "necessary certifications due to Covid-19 complications"
Trump's lawyers write that given how many people voted for him, the claims "should be heard on the merits" — but recall this case is not up on appeal about the merits. The campaign is asking for emergency review of the judge denying its request to file a 2nd amended complaint
Read 10 tweets
Zoe Tillman Profile picture
24 Nov
An update on Nevada: The NV Supreme Court certified the election results today rgj.com/story/news/pol…

There are still a handful of legal challenges pending — three involve Clark County and non-prez GOP candidates, and one contests Biden's win specifically
The three remaining non-prez challenges allege the same issues about how Clark County election officials handled mail-in voting, and were brought by the same lawyer. There have been a # of hearings in the past week, and one is happening now re: state senate candidate April Becker
The lawyers for Clark County and NV Dems have been visibly/overtly frustrated with the lawyer bringing these cases, Craig Mueller — county lawyer Mary-Anne Miller at one point objected today that Mueller didn't understand election processes and was pushing unsupported info
Read 7 tweets
Zoe Tillman Profile picture
24 Nov
As the latest recount in Georgia gets underway (see: ajc.com/politics/elect…), an update on the only remaining post-election Georgia lawsuit, filed by conservative atty Lin Wood — briefing due tomorrow on Wood's motion to appeal the denial of his TRO + GA/Dems motions to dismiss
What's also notable about today's order in the GA case is that it halts any effort by Wood to seek discovery — he'd filed a motion to preserve/inspect absentee ballots and voting equipment, and subpoenaed info about the burst pipe at a ballot processing site in Atlanta
Update on GOP atty Lin Wood's effort to stop Georgia from certifying results: After the judge denied Wood's TRO motion, Wood filed a motion asking the judge to certify an interlocutory appeal, the judge ordered a response by tomorrow, and then Wood filed the appeal anyway
Read 5 tweets

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