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‘This is just not the way the Constitution works’: Federal judge gutters Trump’s trial over Pennsylvania results




Trump has faced a series of legal and political setbacks over the past two days. Some of his allies on Capitol Hill have begun to publicly recognize Bidens’ victory. Michigan state lawmakers, whom Trump called to the Oval Office on Friday, insisted they would not interfere in their state’s election process to help Trump. Georgia’s Republican governor and secretary of state certified a victory for Biden on Friday, over Trump’s objections. And a Republican council in the larger Arizonas county certified its results Friday night and dismissed any allegations of fraud.

The 37-page open-ended opinion is a blow to the lawyer Trump picked last weekend to lead his legal efforts to challenge the election, former New York City Mayor Rudy Giuliani. Giuliani made an unexpected appearance in Branns’ courtroom in the small town of Williamsport, central Pennsylvania on Tuesday.

Track appointments, people and power centers of the next administration.

Trump was counting on Giulianis’ presence to reverse the public narrative that the legal campaign to save the election was failing. Instead, Giuliani was mocked by legal commentators for not being prepared, not knowing the basic legal standards applicable to the case, and even for forgetting the judge’s name.

Brann also expressed concern over the draconian relief sought by Giuliani: the denial of the franchise of 7 million Pennsylvania voters out of the state’s entire electorate in hopes of withdrawing its 20 electoral votes. of the Bidens column.

This Court has not been able to find a case in which a plaintiff has sought such a drastic remedy in the context of an election challenge, in terms of the sheer volume of votes whose invalidation has been sought, has he declared. A surprising result, a complainant would be formidably armed with compelling legal arguments and factual evidence of rampant corruption. This does not happen.

In his opinion, Brann singled out every argument offered by Giuliani.

The judge rejected the Trump campaigns argument that his observers unfairly denied themselves access to counting operations in some counties, noting that observers for Trump and Bidens were subject to the same restrictions. He also said lawyers for the Trump teams misunderstood the lessons of the Bush v Gore ruling, the Supreme Court ruling that handed the 2000 election to George W. Bush in their attempt to apply it to the current case.

And Brann rejected the idea that counties that offered voters the option of remedying defective ballots should see those votes rejected because other counties with a higher proportion of Trump voters did not. The decision not to offer voters a chance to heal the ballots was not made by the parties pursued by the Trump campaign, namely Boockvar and seven strongly Democratic counties.

By dismissing this claim, Brann tore the mix-and-match approach of Trump’s legal teams to their argument.

This claim, like Frankensteins Monster, was randomly assembled from two separate theories in an effort to avoid controlling the previous ones, Brann wrote.

Brann was appointed by President Barack Obama, but is seen as a conservative judge and an atypical Obama candidate. Brann, who was chosen by Sen. Pat Toomey (R-Pa.), Served as regional chairman of the Republican Party in Pennsylvania for about a decade before being appointed to the federal bench.

Even assuming they can establish that their right to vote was denied, which they cannot, applicants seek to remedy the denial of their vote by invalidating the votes of millions more. Rather than asking that their votes be counted, they seek to discredit the scores of other votes, but only for one race. This is just not the way the Constitution works, the judge wrote.

In a statement signed by Giuliani and campaign legal counsel Jenna Ellis, the Trump campaign pledged to appeal Brann’s decision, adding: “Today’s decision turns out to help us in our strategy to get to the US Supreme Court quickly. ”thanked the Obama-appointed judge for making this early ruling quickly, rather than just trying to run out of time.”

In a statement, Toomey said Biden won Pennsylvania and with it the presidential election: with today’s ruling by Judge Matthew Brann, a longtime conservative Republican whom I know to be a fair and impartial jurist, To dismiss the Trump campaign trial, President Trump has exhausted all plausible legal options to challenge the outcome of the Pennsylvania presidential race. “

Trump then assaulted Brann and Toomey in a tweet, adding: “GO CALL !!!”

The court also rejected an attempt by the Trump team to further modify its complaint.

Given that: (1) the applicants have already amended once as of right; (2) Plaintiffs seek to amend simply in order to effectively reinstate their original complaint and claims; and (3) the deadline for Pennsylvania counties to certify the results of their election to Secretary Boockvar is November 23, 2020, an amendment would unduly delay resolution of the issues, Brann wrote.

Brann also frowned on the representational merry-go-round that marked the Trump campaign’s efforts throughout the trial.

Although this case was opened less than two weeks ago, it has already developed its own history of tortured proceedings, Brann wrote. The plaintiffs made several attempts to change the pleadings and summoned and removed lawyers within 72 hours.

Brann mentioned in passing a rude and ill-conceived voicemail message one of the attorneys representing Trump received from a junior lawyer at Kirkland & Ellis, saying it distracted the courts from important issues to be resolved. The judge said the post was inappropriate, but he rejected a request by Trump’s lawyers to impose sanctions on the firm, whose lawyers represented Boockvar.

The Trump campaign was not the only party to the case facing upheaval within its legal team. Kirkland’s lawyers decided to withdraw from the case on Friday, to be replaced by a team from the law firm, Kramer Levin, which included a key Democrats lawyer on the impeachment of President Donald Trump, Barry Berke.

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