Trump campaign files narrow appeal in Pennsylvania
Source: Politico
With Secretary of State Kathy Boockvar set to certify the results of the election as soon as Monday, the Trump campaign filed an emergency motion with the Philadelphia-based 3rd Circuit Court of Appeals asking that court to compel a lower court to accept a redrafted complaint contending that election officials excluded observers as part of an effort to process thousands of flawed mail-in ballots that largely favored Biden.
The campaign did not seek an immediate order from the 3rd Circuit to block certification of Biden as the winner. Instead, the motion filed with the court Sunday evening said the campaign might seek decertification of the results if already certified.
While the Trump campaign was expected to mount a broad assault on the scathing ruling U.S. District Court Judge Matthew Brann issued Saturday dismissing the suit as collection of strained arguments ... and speculative accusations, the new filing with the appeals court said Trumps team was seeking to appeal only what it called the narrow issue of whether it should have had a second chance to reframe its suit.
Read more: https://www.politico.com/news/2020/11/22/trump-campaign-files-narrow-appeal-in-pennsylvania-439500
Walleye
(31,045 posts)Calling it a longshot just encourages him.
NCDem47
(2,250 posts)"Trump's path to victory narrows."
HE LOST!!!!
As if some miracle will just show up.
Walleye
(31,045 posts)obamanut2012
(26,137 posts)getagrip_already
(14,837 posts)They could have merely declined to hear it. By definition, this is still alive.
Yonnie3
(17,483 posts)Is it time for the judge to just say "neener, neener, neener, NO"?
Botany
(70,581 posts)Introduction
In this action, the Trump Campaign and the Individual Plaintiffs (collectively, the Plaintiffs) seek to discard millions of votes legally cast by Pennsylvanians from all corners from Greene County to Pike County, and everywhere in between. In other words, Plaintiffs ask this Court to disenfranchise almost seven million voters. This Court has been unable to find any case in which a plaintiff has sought such a drastic remedy in the contest of an election, in terms of the sheer volume of votes asked to be invalidated. One might expect that when seeking such a startling outcome, a plaintiff would come formidably armed with compelling legal arguments and factual proof of rampant corruption, such that this Court would have no option but to regrettably grant the proposed injunctive relief despite the impact it would have on such a large group of citizens.
That has not happened. Instead, this Court has been presented with strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence. In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state. Our people, laws, and institutions demand more. At bottom, Plaintiffs have failed to meet their burden to state a claim upon which relief may be granted. Therefore, I grant Defendants motions and dismiss Plaintiffs action with prejudice.
bucolic_frolic
(43,284 posts)No!
marble falls
(57,204 posts)... they better start packing and hiring criminal defense attorneys.
beachbumbob
(9,263 posts)the state GOP had THEIR people involved in signature verification just like the state Democrats. THERE IS NO right of the campaign to have THEIR people involved at all. Be thrown out
TommyCelt
(838 posts)... with the pressure this trump is putting on GOP electors than the lawsuits. I won't breathe easy until January 21st when President Joe Biden is in the Oval Office attending to the business of the country.
BumRushDaShow
(129,445 posts)who were selected by the popular vote in PA. There are no "GOP electors" in this case here.
Pennsylvania law says each presidential candidate picks their electors within 30 days of their partys national convention and submits those names to the secretary of the commonwealth, Kathy Boockvar.
On Election Day, voters cast their votes for the electors to represent their candidate of choice thats why, when you cast your ballot, you selected electors for either Biden, Trump, or Libertarian Jo Jorgensen and the electors are appointed based on whichever candidate got the most votes. In Pennsylvania, unofficial results show the 20 electors will go to Biden.
https://whyy.org/articles/meet-pennsylvanias-electoral-college-voters-everything-they-can-and-cant-do/
By Marie Albiges and Tom Lisi
Spotlight PA |
Nov 22, 2020 at 3:44 PM
(snip)
By law, county boards of elections must receive precinct results and certify them to the secretary of the commonwealth, Kathy Boockvar, by the third Monday after the election. Those boards of elections are generally made up of three county commissioners, and they have to include someone from both the majority and minority parties (counties with home rule charters may have a slightly different setup). Members sign a piece of paper certifying the results during a public meeting. Many boards, including those in Bucks, Lehigh, and Lackawanna counties, plan to meet Monday to certify.
(snip)
Once Boockvar receives the certified results from boards of elections, she certifies them herself and passes them along to Gov. Tom Wolf. The commonwealth secretary and the governor dont have a hard legal deadline for certification under state law, but there are some real-world deadlines, Schneider said. For one, the Pennsylvania Constitution calls for the new General Assembly to be seated Dec. 1.
After state certification, the rules guiding the presidential race fall under the U.S. Constitution. President-elect Joe Bidens victory in Pennsylvania means the governor must certify the 20 electors he nominated for the Electoral College, so they can cast their official votes for president Dec. 14.
But federal law stipulates that if a state certifies its presidential electors at least six days before that Dec. 14 vote, those electors are essentially locked in and cant be challenged by anyone, said Adav Noti, senior director at Campaign Legal Center. That rule is often called the safe harbor deadline Dec. 8 this year. For the presidential election results, Wolf prepares a certificate of ascertainment for the National Archives and Records Administration with the names of the appointed electors and the number of votes cast for each.
https://www.mcall.com/news/pennsylvania/mc-nws-elections-certifies-by-county-20201121-di7l2rtkzvb3robss4lnhlmeqy-story.html
J.D. Prose, USA TODAY Network - PA State Capitol Bureau
Published 3:44 p.m. ET Nov. 11, 2020 | Updated 3:48 p.m. ET Nov. 11, 2020
(snip)
The 20 Pennsylvania Democrats picked to be Electoral College electors
Nina Ahmad, Philadelphia County
Former deputy mayor for public engagement in Philadelphia
Val Arkoosh, Montgomery County
Chair of the Montgomery County Board of Commissioners
Cindy Bass, Philadelphia County
Member of the Philadelphia City Council
Rick Bloomingdale, Dauphin County
Pennsylvania AFL-CIO president
Ryan Boyer, Delaware County
Business Manager of Laborers International Union of North America Business Council
Paige Gebhardt Cognetti, Lackawanna County
Mayor of Scranton
Daisy Cruz, Philadelphia County
Mid-Atlantic director for 32BJ SEIU
Kathy Dahlkemper, Erie County
Erie County executive
Janet Diaz, Lancaster county
Lancaster City Council member
Virginia McGregor, Lackawanna County
Deputy National Finance Chair for the Democratic National Committee
Charles Hadley, Philadelphia County
Board member at Moberg Medical
Jordan Harris, Philadelphia County
Pa. House Democratic whip
Malcolm Kenyatta, Philadelphia County
State House member
Gerald Lawrence, Delaware County
Delaware County board of elections
Clifford Levine, Allegheny County
Attorney at Dentons Cohen & Grigsby
Nancy Mills, Allegheny County
Democratic National Committee member
Marian Moskowitz, Chester County
Chester County Commissioner
Josh Shapiro, Montgomery County
Pennsylvania Attorney General
Sharif Street, Philadelphia County
State senator
Connie Williams, Delaware County
Former state senator
https://www.timesonline.com/story/news/2020/11/11/electoral-college-electors-pennsyslvania-election-popular-vote-results-joe-biden/6253260002/
Tommymac
(7,263 posts)They think they still have a political future in the state.
Expect a lot of noise but no action.
The state is still in play for the Rethugs in 2022 and beyond - they will NOT give up the power they have to support this lunatic no matter what they say in public.
DENVERPOPS
(8,844 posts)I wish I had a dollar for every time in the past four years I have said: "Trump can't do that", or RepliCONs can't do that", only to be proven wrong, despite the law.
This is, by far, the most thoroughly corrupt President and political party in the history of our nation, with absolutely NO respect for the Rule of Law, or the Constitution......
BumRushDaShow
(129,445 posts)Link to tweet
TEXT
@SCOTUSblog
There is no chance SCOTUS will review the suit dismissed by Judge Brann seeking to block Pennsylvanias certification. The lawyers representing the President are either delusional or intentionally misleading him and his supporters.
11:41 AM · Nov 22, 2020
gab13by13
(21,402 posts)when Republicans were hell bent against "frivolous law suits?"
gab13by13
(21,402 posts)lose their licenses, there should be fines involved for filing frivolous law suits. C'mon Dems get busy.
DENVERPOPS
(8,844 posts)yanking their licenses to practice law. Which they more than obviously have no respect for........
bucolic_frolic
(43,284 posts)about each and every state, and how unfair it all was, and how GA Senate races were unfair, and how the media, the Congress, the voters ... so unfair.
Total paranoia and whining 24.7 on Trump TV.
bucolic_frolic
(43,284 posts)Lump all the suits together, get a friendly Trump judge to accept the suit, file for immediate SCOTUS ruling.
Don't ask me, I'm not a legal mind. I only know a little business law, and not very well.
COL Mustard
(5,922 posts)If you watch. I won't...not for one second.
JohnnyRingo
(18,641 posts)This is literally a request for a do-over, and believe me, that's where this is heading.
"I don't like the results so I want to try again until I win" would be just as apt request.
Even if he can snag Pennsylvania's vote, it still isn't enough. He has to repeat this "strategy" in two other states.
Retrograde
(10,156 posts)Is this the Rudy one that got thrown out with prejudice last week? Or is it a different one?
And who is paying for all these lawsuits? If it's the Trump campaign I hope the legal teams asked for cash up front.