The Trump campaign’s lawsuit seeking to block the certification of Pennsylvania’s election was dismissed with prejudice by a federal court judge on Saturday.
U. S. Middle District of Pennsylvania Judge Matthew Brann made the decision after days of motions filed on both sides and after hearing oral arguments on Tuesday from President Trump’s personal attorney, Rudy Giuliani, who took over the case last week.
In a scathing critique of the legal basis for the case, Brann wrote that Trump’s lawyers “ask this Court to disenfranchise almost seven million voters” but “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,” Brann ruled. “That has not happened.”
The judge, an Obama appointee unanimously confirmed by the Senate in 2012, said that the plaintiffs offered “strained legal arguments without merit and speculative accusations.”
Giuliani, along with Jenna Ellis, a senior legal adviser to Trump's 2020 campaign, released a statement that said the Trump team will appeal with the U. S. Court of Appeals for the 3rd Circuit.
“Today’s decision turns out to help us in our strategy to get expeditiously to the U. S. Supreme Court. Although we fully disagree with this opinion, we’re thankful to the Obama-appointed judge for making this anticipated decision quickly, rather than simply trying to run out the clock," they said.
"I’ve been telling everyone who will listen: these suits are baseless, stay calm, Rudy has no facts, I’m on it. When can I say I told you so?" he said in a tweet along with a winking emoji. "Suit dismissed. Laws matter."
This lawsuit is separate from the one filed by a Republican congressman in Pennsylvania Commonwealth Court, seeking to throw out all mail-in ballots in the state.
Trump’s team contended that Democratic-majority counties in Pennsylvania wrongfully allowed voters to “cure” errors in their submitted absentee ballots, while some Republican counties didn’t count ballots that were deemed deficient. The campaign was hoping to have an emergency order issued that would block the Keystone State from certifying the results.
Tuesday’s hearing went on for hours as Giuliani made a host of claims, lawyers for Pennsylvania’s election officials pushed back, and the judge pressed the Trump team with questions.
“If this is allowed without serious sanctions, this will become an epidemic. … You give them an inch, they’ll take a mile. They’ve already taken a mile. Now, they’ll take the whole city. They stole an election,” Giuliani said Tuesday, further claiming, “It just all happened to be in big cities controlled by Democrats who all of a sudden decided you don't have the right to inspect an absentee ballot. ... You'd have to be a fool to think this was an accident.”
Daniel Donavan, a lawyer for Pennsylvania Secretary of State Kathy Boockvar, told the judge that “there is no claim that any voter cast more than one ballot, that a voter had his ballot wro... (Read more)
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