Trump legal team poised for SCOTUS after appellate loss in Pa.

Saturday, November 28, 2020
 | 
Michael F. Haverluck (OneNewsNow.com)

Supreme Court sunriseAfter the federal appeals court summarily rejected President Donald Trump’s lawsuit contending that Pennsylvania’s presidential election was rife with fraud, his legal team declared it is now poised to take its case to the United States Supreme Court.

“The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud,” Trump campaign adviser and attorney Jenna Ellis tweeted. “We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature. On to SCOTUS!”

It ain’t so, Joe …

Even though the mainstream media and Pennsylvania courts say Democratic presidential nominee Joe Biden won the state’s November 3 election – despite numerous reports of prevalent fraud and Democrats’ concerted refusal to allow volunteers to watch the counting of ballots – the Trump campaign is not relenting as it continues to press its case that widespread irregularities exist in the state’s ballot count.

This comes after U.S. District Court Judge Matthew W. Brann dismissed last week the lawsuit filed by Trump’s legal team and derided it – clearly siding with Democrats in wanting to call Biden the victor, while foul play statewide has been reported.

“The Trump campaign alleges there has been voter fraud in states that include Arizona, Nevada, Georgia, Michigan and Wisconsin, as well as Pennsylvania,” the Western Journal reported. “Despite multiple anecdotal claims of voting irregularities, proof has yet to surface that there was a widespread effort to distort the voting process in such a way that would have impacted the final results of the presidential election.”

However, Trump attorneys insist they are stacking up the evidence, but what was shown so far did not suffice for the appellate court.

“The campaign’s claims have no merit,” The Third U.S. Circuit Court of Appeals in Philadelphia declared Friday, according to Fox News.

However, the Trump campaign has some artillery left that could eventually turn the tide in the nation’s highest court.

“Trump lawyer Rudy Giuliani [is] arguing to a lower court that widespread voter fraud occurred in a state where … Biden won by just over 80,000 votes,” Fox News pointed out. “The Trump campaign has the option of asking the U.S. Supreme Court for emergency injunctive relief, which would go to Justice Samuel Alito, who would then likely ask his eight colleagues to weigh in.”

Abnormalities and hiding the vote count, but no fraud?

The Third Circuit ruling from Trump-appointed Jude Stephanos Bibas wrote that actual fraud was not part of the claim.

“Free, fair elections are the lifeblood of our democracy, [and] charges of unfairness are serious, but calling an election unfair does not make it so,” Bibas argued in the ruling, according to the Washington Post. “Charges require specific allegations and then proof. We have neither here. [The lawsuit] never claims fraud or that any votes were cast by illegal voters [and discarding the results would be] grossly disproportionate.”

Republicans appointed each of the three appellate judges ruling against Trump.

“The Trump Presidential Campaign asserts that Pennsylvania’s 2020 election was unfair, but as lawyer Rudolph Giuliani stressed, the Campaign ‘doesn’t plead fraud. … [T]his is not a fraud case,’” the appellate ruling stated. “Instead, it objects that Pennsylvania’s Secretary of State and some counties restricted poll watchers and let voters fix technical defects in their mail-in ballots. It offers nothing more. This case is not about whether those claims are true, [but] rather, the Campaign appeals on a very narrow ground: whether the District Court abused its discretion in not letting the Campaign amend its complaint a second time. It did not.”

Even though the Trump legal team asserted that in many cases, more ballots were counted for Biden in many instances than there were actual registered voters – due, in part, to problematic distribution of mail-in ballots to thousands upon thousands of voters who did not request them – the ruling takes a questionable hard stand with Democrats, who want to finalize the results, despite obvious discrepancies in the final vote count.

“The Campaign would have us set aside 1.5 million ballots without even alleging fraud,” the ruling continues. “As the deadline to certify votes has already passed, granting relief would disenfranchise those voters or sidestep the expressed will of the people. Tossing out those ballots could disrupt every down-ballot race, as well. There is no allegation of fraud (let alone proof) to justify harming those millions of voters, as well as other candidates.”

It is apparent that the Third Circuit – along with Democrats and the mainstream media – is anxious to move on from the election without a thorough examination to make sure the ballots putting Biden ahead of Trump after midnight on election night were legitimate and counted correctly.

“[T]he Campaign is unlikely to succeed on the merits,” the decision read. “Second, it shows no irreparable harm, offering specific challenges to many fewer ballots than the roughly 81,000-vote margin of victory. Third, the Campaign is responsible for its delay and repetitive litigation. Finally, the public interest strongly favors finality, counting every lawful voter’s vote, and not disenfranchising millions of Pennsylvania voters who voted by mail. Plus, discarding those votes could disrupt every other election on the ballot.”

However, the Trump team is moving forward with its contention that the election in the Keystone State was rigged – as it contends in several other battleground states – with numerous accounts attesting that foul play was rampant.

“Giuliani held a public hearing alongside Trump on Wednesday and alleged that Republicans were denied the opportunity to observe the canvassing process, with Trump claiming they have ‘hundreds and hundreds of affidavits’ of witnesses' personal stories to back their argument up,” Fox News noted.

 

 

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