Politics

Federal Court docket of Appeals rejects Trump election lawsuit: “Calling an election unfair does not make it that method”

President Donald Trump continued to misleadingly doubt the results of the 2020 presidential election, which President-elect Joe Biden won three weeks ago, in the early hours of Saturday morning. But with lawsuit after lawsuit failing in court and the deadline for federal election certification approaching, Trump is quickly running out of the streets to try to overthrow the election.

The president’s final legal defeat came Friday when a three-member appellate court dismissed a lawsuit against Trump election officials in Pennsylvania alleging the state “unconstitutionally discriminated against” Trump voters in a crushing, unanimous decision in the lawsuit of the President was classified as “unfounded”. ”

The lawsuit specifically asked the Third Circle Court of Appeals to do two things: to reverse a lower court decision that prevented Trump’s legal team from changing its complaint to include allegations that election observers were excluded from observing the vote counting process, and to issue an injunction. “To prevent the total number of certified votes from taking effect. “(Pennsylvania confirmed its election results Tuesday.) The court did not grant any.

In its ruling, the court not only highlighted the lack of evidence to support the Trump legal team’s allegations, but also reprimanded the attorneys for making “vague and conclusive” allegations and seeking an appeal that was “out of proportion to the procedural challenges raised stands”.

“The campaign never claims that a ballot was fraudulent or cast by an illegal voter,” wrote Judge Stephanos Bibas, who was nominated by Trump for the court in 2017, for the court. “It is never alleged that a defendant treated the Trump campaign or its votes worse than the Biden campaign or its votes. Calling something discrimination doesn’t make it that way. “

“The injustice charge is grave,” Bibas continued. “But calling an election unfair doesn’t make it that way. Fees require specific allegations and then proof. We don’t have any here. “

Earlier, Trump’s lawsuit in Pennsylvania was dismissed in a similar, equally scorching decision by Judge Matthew Brann in a federal district court, who wrote: “This court has faced strained legal arguments without merit and speculative allegations not included in and by the operational complaint evidence was not supported. “

In a tweet after the decision was published, Trump campaign legal advisor Jenna Ellis, whom Trump described in 2016 as “unethical, corrupt, lying, criminal, scumbag”, condemned the “activist judicial machinery in Pennsylvania”.

“Off to SCOTUS,” wrote Ellis on Friday.

. @ RudyGiuliani and I on Third Circuit’s opinion:

The activist judicial machinery in Pennsylvania continues to cover up allegations of massive fraud.

We are very grateful that we had the opportunity to present evidence and facts to the PA State legislature.

Off to SCOTUS!

– Jenna Ellis (@JennaEllisEsq) November 27, 2020

However, there is no guarantee that the Supreme Court will accept the case if the Trump campaign follows an appeal, experts say, and even less that the court would rule in its favor.

“Yes, the Trump campaign can now go to #SCOTUS, but with what?” University of Texas Law School Prof. Steve Vladeck wrote on Twitter. “The court will never take up this dumpster fire of a lawsuit. And, as today’s unanimous statement by a Trump agent on the third circuit makes clear, there is no remote basis for an injunction until an appeal is filed. “

The Trump campaign has just as little chance of success elsewhere. Although it is determined to pursue lawsuits in other swing states, Trump’s legal team has done poorly so far: Overall, the record after the court elections is 1-38, according to Marc Elias, advocate for democratic voting rights, and the campaign is ” At a solid pace to lose 50 before voters meet in December. “

Even before the electoral college meets on December 14, the deadline for state certification of the election results on December 8 is rapidly approaching the federal government. According to the New York Times, “if states resolve all disputes and confirm their results” until that time. “The results should be protected from further legal challenges to ensure that the states won by Mr Biden send Biden delegates to the electoral college.”

This certification will essentially challenge the president’s legal challenges. And the following week’s electoral college meeting will slam the door even tighter amid Trump’s insane electoral fraud claims. Biden won 74 more votes than Trump – 36 more than what was necessary to win the presidency. It is possible, though very unlikely, that some voters in states won by Biden will cast their votes for Trump – but as the Times points out, “there have been few rogue voters who have never changed the outcome.”

Trump keeps spreading lies about non-existent election fraud

While the Trump campaign has consistently failed to provide evidence of electoral fraud in court, it hasn’t stopped the president and his lawyers from lying outrageously about the legitimacy of the election. Lately, her lies have spanned a wide range of nonsense conspiracy theories, from ballot papers for Biden that were “created out of nothing” to former Venezuelan President Hugo Chavez who manipulated voting machines before his death in 2013 helped.

And even on the extremely rare occasions since election day that Trump almost acknowledged the reality of his loss, he has combined that recognition with even more false, unfounded fraud claims.

“[Biden] won because the election was rigged, ”Trump tweeted earlier this month.

He took a similar line in public statements on Thursday when reporters asked him if he intended to leave the White House when Biden took office.

“Of course I will. And you know that. But I think a lot of things are going to happen by January 20th, “Trump said, according to a White House record. “Massive fraud was discovered. We are like a third world country. “

Despite all of Trump’s hedges, Biden’s margin is only growing. On Friday, the former Vice President received 132 new votes after a recount requested and paid for by the Trump campaign in two Wisconsin counties. Overall, Biden’s national vote gap is well over six million votes.

And on Monday, the General Services Administration – the government agency responsible for “determining” a president’s profit to provide government resources to a transition team – approved the start of the Biden transition.

Trump did not ignore that either: “[GSA administrator] Emily Murphy has done a great job, but the GSA doesn’t determine who the next President of the United States will be, ”he tweeted Tuesday.

He’s right there, if only technically. “Voters, not lawyers, choose the president,” wrote Bibas in his decision to reject the appeal against the Trump campaign. “Ballot papers, no briefings, decide about elections.” And these voters – regardless of what Trump claims – decided that Biden would be the next President of the United States.

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