Back on the beat after a few days offline — just in time for this new filing from Rep. Mike Kelly et al. asking to stay the PA Supreme Court decision rejecting their election challenge pending them taking this to SCOTUS: assets.documentcloud.org/documents/7333…
This is the case filed last month that challenged a PA law expanding mail-in voting that was passed in the fall of 2019 — the PA Supreme Court tossed it on the grounds that they waited far too long to go to court, given the timing -->
The PA Supreme Court has denied Rep. Mike Kelly et al.'s request to stay the decision against them while they try to take the case to SCOTUS (doesn't look like they've filed something yet, per the docket online)
The first post-election case has reached SCOTUS — GOP Rep. Mike Kelly et al. (Trump campaign isn't a party) have taken up their challenge to a PA law passed in Oct. 2019 expanding mail-in voting. PA Supreme Court had ruled they waited far too long to sue. assets.documentcloud.org/documents/7334…
At this point, they're asking for an injunction to stop PA state officials from doing anything to make Biden's win official, and if it's already happened, to nullify it — an extremely big ask, to say the least. PA certified the results and the gov. signed the certificate on 11/24
Notably, Justice Alito (who handles emergency actions out of the 3rd Circuit) ordered a response by Dec. 9, per the court — the day *after* the federal safe harbor deadline for state election results. This is significant.
The response in Kelly's case is due in six days, which means any action by the justices will take even longer. SCOTUS can move way faster if it wants to: Bush v. Gore came up on 12/8/00, argued 12/11/00, decided 12/12/00 — in time to meet the federal safe harbor deadline
It's possible (anything is possible) SCOTUS could still blow up the PA election, but doing it after the safe harbor deadline makes things more complicated. So it's fair to take this as a sign that it's at least less likely than if Alito had ordered a response before the deadline
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Sidney Powell's lawsuit trying to undo Wisconsin's election results has hit a number of bumps since it was filed in federal court two days ago. New filings today underscore what's been going on. A brief thread:
Powell and her team filed an amended complaint that removed @derrickvanorden as a plaintiff after he made clear he was included without permission — the docket entry explains the change, but there's nothing else filed to explain what happened there
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."
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…
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…
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
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