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Alan Feuer Profile picture
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1 Dec, 4 tweets, 2 min read
NEW: GOP Rep. Mike Kelly of PA has asked SCOTUS for an emergency writ to stop the perfection of election results in the state as a first step toward the high court considering an appeal of his lawsuit dismissed over the weekend. Image
Recall that Kelly and others tried to have the 2019 Pennsylvania law that authorized mail-in ballots declared unconstitutional and retroactively nullify their use in this year's election.
The PA Supreme Court dismissed the suit on Saturday.
Kelly asked Justice Samuel Alito, who oversees emergency requests from PA's 3rd Circuit, to effectively freeze certification process in the state pending a potential appeal.
PA has already certified its vote but certain technical steps are still required b4 its electors vote.
The full brief, which doesn't seem to have been docketed yet, is here h/t @DemocracyDocket

1drv.ms/b/s!AnM-WBnwB3…

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More from @alanfeuer

Alan Feuer Profile picture
2 Dec
Sidney Powell's legal team is "dotting eyes" and crossing T's.
It's not a good sign when a judge has to explain to a lawyer the rules for requesting emergency relief.

That's what Judge Pamela Pepper in Milwaukee had to do this morning to Sidney Powell about her "Kraken" lawsuit filed there in federal court. Image
Judge Pepper also noted all the errors in Powell's motion.
*Mismatched fonts.
*No proposed order as promised
*No addresses listed for those who were supposedly served with the papers. Image
Read 4 tweets
Alan Feuer Profile picture
1 Dec
NEW: The Trump campaign is trying resurrect the very first lawsuit it filed (and lost) in Michigan on Nov. 6. The new submission--an appeal late last night to the MI Court of Appeals--suggests the campaign is scraping the bottom of the legal barrel in Mich.
Here's what I mean:
The suit first appeared in front of the MI Court of Claims right after the election and accused state officials of mishandling absentee ballots in places like Wayne County.
It was dismissed by Judge Cynthia Stevens. The campaign has waited until now to appeal.
The main proof of wrongdoing it offered was an affidavit by a GOP poll challenger, Jessica Connarn, who claimed a poll worker at the Detroit convention center told her that she herself had been told by other workers to change dates on certain absentee ballots.
Read 6 tweets
Alan Feuer Profile picture
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.
The state appealed to the Penn Supreme Court asking for emergency relief.
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
Alan Feuer Profile picture
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.
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.
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.
Read 4 tweets
Alan Feuer Profile picture
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
Alan Feuer Profile picture
23 Nov
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.
Read 7 tweets

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