The Trump campaign’s appeal on its devastating loss in federal court in Pennsylvania misspelled the word “President” and butcher grammar.
The appeal, filed Monday, also did not ask an appeals court to reverse its defeat or temporarily block Pennsylvania counties’ voting, due later in the day.
Instead, the U.S. 3rd Circuit Appeals Court appeal is effectively calling for a revision of its previously botched legal effort to invalidate enough votes in Pennsylvania to overturn a proposed victory for President-elect Joe Biden and a loss for President Donald Trump.
The campaign wants the appeals court to allow him to pursue a second amended complaint that the lower court judge effectively banned them from handling his judgment on Saturday.
The calling seems as far-reaching as the case on which it is based. But it could speed up what the Trump campaign is saying is their plan to hear the case in the US Supreme Court.
The court swiftly upheld the Trump campaign’s request for an expedited review of the emergency and ordered the campaign to submit its legal filing with the arguments for the appeal by 4:00 p.m. CET on Monday. The defendants’ pleadings in the case, which includes Secretary of State Kathy Boockvar, are due at the same time Tuesday.
“The court will advise if an oral hearing is desired,” said a message in the file.
The campaign later said in another filing that it will file an injunction request and an injunction to block the impact of the likely state confirmation of a win for Biden.
The filing came a day after Trump’s two leading campaign lawyers, Rudy Giuliani and Jenna Ellis, fired a third member of the team, Sidney Powell, after making bizarre allegations that the Republican governor and secretary of state of Georgia was part of a conspiracy to to manipulate the elections there for Biden.
“Sidney Powell is a self-employed attorney. She is not a member of the Trump legal team. Nor is she a presidential attorney in his personal capacity,” said Giuliani and Ellis a week after Trump boasted on Twitter that Powell was part of the legal team of the campaign.
Giuliani appeared in the U.S. District Court in Williamsport, Pennsylvania, last week, where he argued that Trump was the victim of fraudulent votes. He also said the campaign’s lawsuit attempting to block certification of votes in the state did not involve fraud.
Giuliani said a claim in the original lawsuit was mistakenly removed by other lawyers and would be added back in a revised lawsuit.
On Saturday, the judge in the case, Matthew Brann, dismissed Giuliani’s argument in a damning ruling comparing the Trump campaign allegations to “Frankenstein’s monster”.
Brann, a Republican appointed by President Barack Obama, said the campaign had given him “strained legal arguments without merit and speculative allegations that are not contained in the operational complaint and are unsupported by the evidence”.
Citing Brann’s decision, filed Monday, the campaign refers to Trump as “President Donald J. Trump” rather than “President Donald J. Trump” as one would normally do in a legal battle.
That obvious slip is contained in the line claiming that Democratic officials in Pennsylvania “ran a deliberate program of counting incorrect postal ballots that they knew would favor Joseph Biden over President Donald J. Trump”.
Elsewhere in the file, campaign lawyers underscore the importance of their claim while undermining the rules of grammar: “This action is of national importance as faulty electoral processes for the election of the President of the United States in the Commonwealth could result in the election of a candidate rotate. “
Appeals usually ask appellate judges to overturn a decision by a lower court, or at least request a so-called deferral that would block the judgment’s effectiveness.
If so, Brann’s decision would allow Pennsylvania counties to confirm election results by the Monday deadline. These results are intended to confirm the victory of former Democratic Vice President Biden in the state.
But the Trump campaign is not asking the 3rd Circle to uphold or even overturn Brann’s decision.
Instead, the campaign asked the appeals court to consider a second revision of the original lawsuit in the case, which raises additional allegations about the voting processes in the state.
“Plaintiffs believe that the second amended complaint addresses any deficiencies found by the District Court relating to: [among others things]”Reputation, equal protection and redress because his claims are very different from those” in the campaign’s first amended complaint, which Brann rejected.
The appeal stated that the campaign had not waived its allegation that Brann’s decision was wrongly ruled and offered the appeals court to bring such a lawsuit if requested.
The Trump campaign and its allies have lost or voluntarily withdrawn more than 30 lawsuits in federal and state courts across the country to invalidate enough ballot papers in enough places to effectively undo Biden’s planned victory on the electoral college.
Saturday’s loss in Pennsylvania and the withdrawal of a federal lawsuit in Michigan two days earlier made these efforts even less likely than they were to be successful.
Biden is expected to win 306 votes, 36 more than it takes to win the White House.
In another long-term pending case, Pennsylvania Republicans, including Rep. Mike Kelly, filed a complaint with the Commonwealth Court to prevent certain types of postal ballot papers from being included on the state’s final balance sheet.
Plaintiffs are attempting to block certification of the state’s elections, claiming that postal ballots cast under an alleged “unconstitutional” bill signed by Pennsylvania Governor Democrat Tom Wolf last year will not be counted can.
Act 77 extended access for Pennsylvania voters to post absentee ballot papers without an apology.
After the lawsuit was filed, observers were quick to point out that Act 77 2019 passed with overwhelming support by a GOP-controlled Pennsylvania legislature.
“It’s kind of Hail Mary when the time runs out,” Pennsylvania governor Jon Fetterman told KDKA, the Pittsburgh radio station.
“You are actively suing a Republican bill that would remove Republican control in our entire house,” said Democrat Fetterman.
On Sunday, former New Jersey governor Chris Christie, an ally of Trump, called the campaign’s legal team a “national embarrassment”. The lawyers have provided no evidence of the widespread fraud they claim has denied Trump re-election.
Christie is among a growing number of Republicans who say Trump should allow the election.
But the president refused to do so.