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Judge tosses Trump's attempt to stop Pennsylvania vote certification
AP ^ | June 21 2020 | Mark Scolforo

Posted on 11/21/2020 3:46:43 PM PST by Alter Kaker

Edited on 11/21/2020 4:42:05 PM PST by Admin Moderator. [history]

Pennsylvania officials can certify election results that currently show Democrat Joe Biden winning the state by more than 80,000 votes, a federal judge ruled Saturday, dealing U.S. President Donald Trump's campaign another blow in its effort to invalidate the election.


(Excerpt) Read more at ctvnews.ca ...


TOPICS: News/Current Events; Politics/Elections; US: Pennsylvania
KEYWORDS: 2020; donaldtrump; election2020; electionfraud; hodor; itsover; judiciary; matthewbrann; matthewwbrann; mdpennsylvania; nosignofkraken; obamajudge; paping; pennsylvania; politicaljudiciary; rinosarepleased; trump; trumphater; vichyrepublican
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To: PATed
There was more than that. Judge Brann ruled that the recent Third Circuit opinion, Bognet v. Secretary Commonwealth of Pennsylvania , was binding upon him. He noted in a footnote, Bognet held that only the General Assembly had standing to raise claims under the Elections and Electors Clauses. Id... This ruling effectively shut the door on Plaintiffs’ allegations under those clauses of the Constitution. The result of that case, which is very recent, caused the attorneys to amend the complaint to drop that claim. It is all still appealable to SCOTUS, or the Third Circuit en banc, so sit tight and wait for SCOTUS to finally take the case.
101 posted on 11/21/2020 6:10:39 PM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: Alter Kaker

U.S. District Judge Matthew Brann is another Barack Obama appointee. Big surprise here. Another Obama judge paying Obama for appointing him. No suprise here. How else would you expect an Obama judge to decide?


102 posted on 11/21/2020 6:11:10 PM PST by maxwellsmart_agent
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The a-hole, Pat Toomey, just told Trump to hang it up.

FU, Toomey.


103 posted on 11/21/2020 6:12:35 PM PST by Gene Eric (Don't be a statist!)
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To: Alter Kaker

“Pennsylvania officials can certify election results that currently show Democrat Joe Biden winning the state by more than 80,000 votes, a federal judge ruled Saturday, dealing U.S. President Donald Trump’s campaign another blow in its effort to invalidate the election.”

So the issue is joined for the appellate courts. We will see if they go along with the Obummer flack.


104 posted on 11/21/2020 6:39:45 PM PST by SharpRightTurn (Chuck Schumer--giving pond scum everywhere a bad name.)
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To: freefdny

But if Trump claims beforehand that they’re going to cheat, Willard Wrong-me says that proves he’s delusional. So if you can’t complain before or after the fact, when CAN you complain?


105 posted on 11/21/2020 6:44:07 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: SharpRightTurn
So the issue is joined for the appellate courts. We will see if they go along with the Obummer flack.

The 3rd circuit (Pennsylvania) already ruled on the standing issue this week in another case - which def hurts Trump, and a Nevada court ruled the same way in yet another case. So far the appellate courts aren't looking great.

106 posted on 11/21/2020 6:44:25 PM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: SharpRightTurn
This case should be considered as adding another equal protection claim to what is pending before the Third Circuit en banc or SCOTUS. There was some cited precedent on standing from other circuits that is contrary to what the Third Circuit held. That increases the likelihood that SCOTUS takes the case.
107 posted on 11/21/2020 6:47:49 PM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: Alter Kaker

SCOTUS reshuffled its assignment of Justices as Circuit Judges very recently. That indicates that something is imminent with Johnny Roberts and the Supremes taking election cases. They like to stay above things as much as possible and wait for the lower courts to decide things before taking cases. This has been such a different kind of election, I expect them to get involved. Some of the liberal justices could be useful if they understand what the fraud does to our entire system of government.


108 posted on 11/21/2020 6:57:47 PM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: Alter Kaker

I believe this is why the SC has been deployed to key districts, bypass corrupts justices that ignore the law.

Tossing out cases that have merit was inevitable. The corruption is too deep. Too many involved and on the take.


109 posted on 11/21/2020 7:31:13 PM PST by fuzzylogic (welfare state = sharing of poor moral choices among everybody)
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To: Alter Kaker; All

There is a good chance here that Trump has unquestionable evidence of major vote fraud. Such as the servers that they are rumored to have among other things if key people were being secretly monitored or recorded.

The theory here is that Trump want to let things go as far as they possibly can before he finally exposes the fraud in unquestionable detail. The advantage of that is that everyone gets to see how deep the corruption goes. That includes leaders in the state and federal government. It also includes exposing the corrupt court system. People get to see that the courts are so corrupt that even with obvious evidence of Fraud then they blocked finding the truth or getting any justice. They say there is no evidence while blocking access to that very evidence. Let people see how bad it is. The justice system is more corrupt than everyone else combined. And they are the most responsible for where we are today.

I hope that is what is going on here because apart from Trump holding unquestionable evidence that he is waiting to pounce with then he cannot win.


110 posted on 11/21/2020 7:45:03 PM PST by Revel
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To: Alter Kaker
The President's legal team posted this response to Judge Brann's opinion:

Today’s decision turns out to help us in our strategy to get expeditiously to the U.S. Supreme Court. Although we fully disagree with this opinion, we’re thankful to the Obama-appointed judge for making this anticipated decision quickly, rather than simply trying to run out the clock.

We will be seeking an expedited appeal to the Third Circuit. There is so much evidence that in Pennsylvania, Democrats eliminated our opportunity to present 50 witnesses and other evidence that election officials blatantly ignored Pennsylvania’s law denying independent review. This resulted in 682,777 ballots being cast illegally, wittingly or unwittingly. This is just an extension of the Big Tech, Big Media, Corrupt Democrat censorship of damning facts the American public needs to know.

We are disappointed we did not at least get the opportunity to present our evidence at a hearing. Unfortunately the censorship continues. We hope that the Third Circuit will be as gracious as Judge Brann in deciding our appeal one way or the other as expeditiously as possible. This is another case that appears to be moving quickly to the United States Supreme Court.”

— Rudy Giuliani, Attorney to President Trump and Jenna Ellis, Senior Legal Adviser to Trump 2020 Campaign


https://www.donaldjtrump.com/media/trump-campaign-statement-on-pennsylvania-ruling/
111 posted on 11/21/2020 7:55:06 PM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: Alter Kaker

Dear Judge:

It’s not up to YOU. It’s up to our legislature.

Seditious POS.


112 posted on 11/21/2020 8:03:06 PM PST by NFHale (The Second Amendment - By Any Means Necessary.)
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To: Alter Kaker

There’s a hard backstop to this thing. Walking away at this point is not contemplated, never was.

I won’t spell out what the backstop is, but it was there in 2016 if needed. This is not a game.


113 posted on 11/21/2020 8:13:09 PM PST by JustaTech (A mind is a terrible thing)
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To: JustaTech

If there’s a hard backstop why waste time with a bunch of losing half-cocked lawsuits?


114 posted on 11/21/2020 9:21:39 PM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: Revel

So to conceal all the that Rudy has... Rudy decided to file a bunch of lawsuits with no evidence, and have them all tossed out of court? That is certainly an odd strategy. Since the states will be largely certified this week is Trump waiting to spring the truth on Biden after Biden is already President? This theory is a little hard to follow.


115 posted on 11/21/2020 9:45:41 PM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: Dr. Franklin
OK. So, President Trump is being cheated out of 20 electoral votes he needs to be reelected and Matt Brann doesn't know what his injury is?

It's not the judges job to second guess Trump's people. It is incumbent on them to clearly state the injury in fact and what they expect the judge to do to redress it. If they can't do that then the case should be tossed.

116 posted on 11/22/2020 4:30:20 AM PST by DoodleDawg
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To: Alter Kaker

And with PA officials’ comments after Dominion declined to appear and answer questions, this “judge” made it even more likely for SCOTUS to take it...the guy said that Dominion appears to have slapped at least 1.3 million PA voters in the face and give credence to the claims about their machines being used to thwart the will of the voters.


117 posted on 11/22/2020 4:39:56 AM PST by trebb (Don't howl about illegal leeches, or Trump in general, while not donating to FR - it's hypocritical.)
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To: DoodleDawg
It's not the judges job to second guess Trump's people. It is incumbent on them to clearly state the injury in fact and what they expect the judge to do to redress it. If they can't do that then the case should be tossed.

It's the judge's job to read what is submitted to the court by the parties. If he truly didn't understand what the plaintiffs' (plural) attorneys had intended, he certainly could have requested further explanation at oral argument, or clarification in writing before dismissing the complaint "with prejudice". Matt is a smart guy, and he should have known better than write that kind of rhetorical hyperbole in his opinion. (Too many judges do this crap.) The record before the court, in short, was the following:

First, from the Plaintiffs' First Amended Complaint:

2. Nothing less than the integrity of the 2020 Presidential election is at stake in this action. Defendants, the very officials charged with ensuring the integrity of the election in Pennsylvania, have so mismanaged the election process that no one – not the voters and not President Trump’s campaign – can have any faith that their most sacred and basic rights under the United States Constitution are being ...
100. As of the filing of this complaint, 6,743,874 million votes were cast for President in Pennsylvania, with approximately 2,635,090 ballots returned and cast by absentee or mail-in ballots (approximately 3.1 million absentee and mail-in ballots were approved and sent to electors for the General Election).3 [Footnote] 3 References contained herein to the November 3, 2020 election results in Pennsylvania are derived from https://www.electionreturns.pa.gov/. 101. In the named County Elections Boards, the following are the number of canvassed and tabulated absentee and mail-in ballots: a. Allegheny: 335,573 b. Centre: 32,514 c. Chester: 148,465 d. Delaware: 127,751 e. Montgomery: 238,122 f. Northampton: 71,893 g. Philadelphia: 345,197 102. Despite the fact that well over a third of the votes were cast by mail, Secretary Boockvar and the Pennsylvania Department of State did not undertake any meaningful effort to prevent the casting of illegal or unreliable absentee or mail-in ballots and/or to ensure the application of uniform standards across the County Election Boards to prevent the casting of such illegal or unreliable ballots. Rather, Secretary Boockvar has exercised every opportunity to do quite the opposite, thereby sacrificing the right to vote by those who legally cast their ballots (whether in-person or through properly cast absentee or mail-ballots) through the unlawful dilution or debasement of the weight of their vote. ... 170. Plaintiffs have no adequate remedy at law and will suffer serious and irreparable harm unless the injunctive relief requested herein is granted.


https://www.courtlistener.com/recap/gov.uscourts.pamd.127057/gov.uscourts.pamd.127057.169.1.pdf

Second, from Plaintiffs' Brief in Support of a TRO:

Instantly, if discovery is granted, prior to the hearing, Plaintiffs will examine these envelopes to determine the percentage of mail ballots that were illegally counted – of which Democratic Candidate Joseph Biden won approximately 75% and President Trump 25%, a 50% margin for Biden. Plaintiffs, through statistical expert analysis will then extrapolate this percent to the 1.5 million mail ballots. This simple exercise will determine whether Plaintiffs can prove their case – i.e., that sufficient illegal ballots were counted that changed the election result.2 If so, the Court should set aside these votes and declare Trump the winner.3 In the interim, the certification should be stayed.

https://www.courtlistener.com/recap/gov.uscourts.pamd.127057/gov.uscourts.pamd.127057.183.0_2.pdf

At least Matt decided this quickly allowing appellate review, but history will judge him and other judges harshly. The world is watching, and this election so far looks like something from Belarus, and does not meet Western standards for a free and fair election. All eyes are now on SCOTUS for a remedy, or the Republic is lost.
118 posted on 11/22/2020 6:16:39 AM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: RummyChick

According to Newsmax, the Trump campaign’s appeal will focus on Judge Brann’s refusal to accept the second amended complaint:

https://www.newsmax.com/politics/election-2020-pennsylvania-trump/2020/11/22/id/998252/?oRef=mixi

If he truly didn’t understand the claims made in complaint, and the plaintiffs’ injury, then he should have given them leave to amend the complaint, rather than dismiss it with prejudice.


119 posted on 11/22/2020 9:21:10 PM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: Dr. Franklin

What do you think the chances are in succeeding with this..it is very narrow.


120 posted on 11/22/2020 9:40:44 PM PST by RummyChick
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