The lawsuit brought against the confirmed Pennsylvania presidential election results through President Donald Trump’s election campaign suffered another setback on Friday when the federal appeals court sharply dismissed its legal arguments.
The campaign had appealed the earlier dismissal of the case by a US District Court judge and requested permission to amend the lawsuit and try again. However, a three-judge panel – all Republican-appointed – unanimously dismissed the appeal.
It is widely believed that Trump’s attorneys are appealing the case to the US Supreme Court, where three of the sitting justices – Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett – are Trump appointees and three other Republican appointees.
The damning statement by the Third Circle on Saturday was written by Judge Stephanos Bibas. In his ruling, he said the lawsuit contained several “fatal” flaws.
“[T]The campaign has already tried and lost many of these issues in state courts, ”Bibas wrote. “The campaign tries to repackage these state claims as unconstitutional discrimination. However, their claims are vague and conclusive.
“It is never alleged that anyone treated the Trump campaign or Trump votes worse than the Biden campaign or the Biden votes,” he continued. “And federal law does not mandate election observers or how they can observe. It also says nothing about fixing technical errors in ballot papers. Each of these shortcomings is fatal and the proposed second amended complaint does not address them. “
In a post by Attorney Jenna Ellis on Twitter, the Trump campaign response attempted to paint Bibas – a Trump appointee – and the other Third Circle justices as part of a campaign to vote in favor of alleged President-elect Joe Biden to steal.
“The activist judicial machine in Pennsylvania continues to cover up the allegations of massive fraud,” tweeted Ellis and also attributed the statement to fellow campaigner Rudy Giuliani. “We are very grateful that we had the opportunity to present evidence and facts to PA State lawmakers. Off to SCOTUS! “
While the Trump campaign was legally active in several states – a Pennsylvania reversal alone would not be enough to secure him the 270 electoral votes required for a second term – the Keystone State became the first and largest domino in a plan Respected Withhold ballot papers and let Republican-controlled lawmakers appoint their own voters.
On Wednesday, Giuliani and Ellis brought a number of witnesses, most of whom were directly related to the Trump campaign or Republican organizations, ahead of a Pennsylvania Senate Majority Politics Committee hearing to discuss what they believed to be evidence Considered election fraud in Pennsylvania.
However, the lawsuit, which U.S. District Judge Matthew Brann dismissed on November 21, did not advance its arguments on the basis of allegations of fraud, as this section had been removed when the lawsuit was originally amended. Giuliani, the former New York City mayor and one of Trump’s personal attorneys, had joined the case after the fraud departments were removed and asked Brann’s permission to change it again to restore it, but his request was denied.
When the Third Circle declined the appeal, it found that the campaign had stressed the need to rush to answer for Brann. With the confirmation of the number of votes on November 23, the campaign lawyers had insisted that there would be no more “useful remedy” afterwards. As a result, Brann denied the request for a second amendment to the complaint.
According to Bibas, Brann’s decision was correct because if he had accepted the second motion to amend the lawsuit, additional hearings and other procedural steps would have been required during a period in which these efforts could not be completed.
“It would have discussed the existing dismissal motions and required a new briefing, possibly a new hearing, and a reasoned judicial opinion within seventy-two hours over a weekend,” wrote Bibas. “That’s asking too much – especially since the proposed second amended complaint largely replicated many of the allegations abandoned by the first.”
Bibas said the basis for the campaign’s appeal was the complaint that Brann was following a schedule that the campaign itself requested.
“After the campaign has repeatedly stressed the certification deadline, it cannot now pan and object that the district court abused its discretion by sticking the campaign to that deadline,” he wrote. “It has not.”
For Bibas, the lawsuit had to fail on various fronts, which were fraught with too many flaws to be saved.
“As mentioned earlier, the campaign cannot win this lawsuit,” he wrote. “It has admitted that it is not claiming election fraud. Most of these constitutional questions have already been raised and lost, and you cannot relitigate them here. No federal agency is cited that regulates or observes election observers and heals. No specific discrimination is alleged. And it doesn’t deny that it’s not under the election and election clauses. These claims cannot be successful. “
The results of the Pennsylvania election were confirmed on November 24th by Secretary of State Kathy Boockvar. The electoral college is expected to meet on December 14th to officially elect the next president. Unofficial censuses show Biden 306-232 ahead of Trump based on the November 3 election results.