There are a lot of docket entries to sort through. It does appear that there was some confusion about an amended complaint in which Trump’s counsel dropped a claim about being denied “meaningful access” to watch and inspect the mail in ballots after the PA Supreme Court ruled there was no state law right to do so, that Giuliani wasn’t ready to abandon. If so, he needs to file a motion to restore the argument, as the complaint can only be amended once as of right under the Federal Rules of Civil Procedure. From what I can get from the first law firm quitting as Trump’s attorneys, they didn’t have the balls to make the arguments that need to be made. Rudy does, so he jumped in, but election law was not his area of specialty and it showed.
I found a few good accounts of what happened in court yesterday:
https://www.inquirer.com/news/trump-pennsylvania-lawsuit-election-results-rudy-giuliani-hearing-case-williamsport-20201117.html
https://www.sungazette.com/news/top-news/2020/11/judge-gives-lawyers-more-time-to-present-evidence/
http://www.innercitypress.com/pamd1boockvaricp111720.html
The last link is entertaining, as Judge Brann gives out of town counsel suggestions for where to dine and drink.
As for comments about Judge Brann being an Obama appointee, that is true but that was done as a compromise with Senator Toomey. I know Judge Brann. He and I were classmates years ago, and I haven’t had any interaction with him since then. He is a very traditional Reagan-Bush Republican, who sits as the only federal judge assigned to the quaint city of Wiliamsport, PA. It is best known for hosting the Little League World Series each year.
The Trump campaign choose to file their PA lawsuit in federal court in Williamsport, as they wanted this judge to hear the case. He will do a fair job. From what I read, he isn’t denying the truth of the affidavits of what happened in Philadelphia and Pittsburgh. The legal problem is that the PA Supreme Court ruled no one has a right to witness the signatures of the mail in ballots. Unless the U.S. constitution’s “equal protection” clause can supersede state law, the case is lost. If he disagrees with that argument, Judge Brann will do nothing to obstruct appellate review potentially to SCOTUS. So, stay tuned for further developments later this week.
And THAT is the problem right there. That signature, and a PDF of the ballot, should be sent to the respective Registrar of voters as a vote confirmation. As it stands now, voters have no record of their actual votes.
That needs to change.
Very helpful post at #15. Thank you so much for replying.