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3rd Circuit Unanimously Rejects Trump Appeal in PA Case
US Court of Appeals for the 3rd Circuit ^ | 11/27/20 | Judge Bibas

Posted on 11/27/2020 9:53:45 AM PST by Alter Kaker

Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof.

We have neither here. The Trump Presidential Campaign asserts that Pennsylvania’s 2020 election was unfair. But as lawyer Rudolph Giuliani stressed, the Campaign “doesn’t plead fraud. . . . [T]his is not a fraud case.” Instead, it objects that Pennsylvania’s Secretary of State and some counties restricted poll watchers and let voters fix technical defects in their mail-in ballots. It offers nothing more.

This case is not about whether those claims are true. Rather, the Campaign appeals on a very narrow ground: whether the District Court abused its discretion in not letting the Campaign amend its complaint a second time. It did not. Most of the claims in the Second Amended Complaint boil down to issues of state law. But Pennsylvania law is willing to overlook many technical defects. It favors counting votes as long as there is no fraud. Indeed, the Campaign has already litigated and lost many of these issues in state courts.

The Campaign tries to repackage these state-law claims as unconstitutional discrimination. Yet its allegations are vague and conclusory. It never alleges that anyone treated the Trump campaign or Trump votes worse than it treated the Biden campaign or Biden votes. And federal law does not require poll watchers or specify how they may observe. It also says nothing about curing technical state-law errors in ballots. Each of these defects is fatal, and the proposed Second Amended Complaint does not fix them. So the District Court properly denied leave to amend again.

Nor does the Campaign deserve an injunction to undo Pennsylvania’s certification of its votes. The Campaign’s claims have no merit. The number of ballots it specifically challenges is far smaller than the roughly 81,000-vote margin of victory. And it never claims fraud or that any votes were cast by illegal voters. Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised. So we deny the motion for an injunction pending appeal.


TOPICS: News/Current Events; Politics/Elections; US: Pennsylvania
KEYWORDS: 1butbutsydneypowell; 2020; 3amatuerhour; 3rdcircuit; butbutkraken; davidbrookmansmith; dbrookssmith; donaldtrump; dubyajudge; fearpers; federalistsociety; itsover; judiciary; liberalfreepers; matthewbrann; matthewwbrann; michaelachagares; michaelchagares; nevertrumper; notrealitysettingin; obamajudge; pennsylvania; politicaljudiciary; realitysettingin; stephanosbibas; tds; thirdcircuit; trump; trumpjudge
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To: Jamestown1630

Yes. There are too many like me who do not want to be minions of a run away government including Supreme Court. These are the times that try a mans soul. The only question is are we going to stand for our rights in the brilliance of what the founding fathers gave us or are we going to depend on an all powerful Supreme Court. As Dr Franklin opined ... those who would trade liberty for security are deserving of neither. Words for you to consider.


381 posted on 11/27/2020 9:01:40 PM PST by gas_dr (Trial lawyers AND POLITICIANS are Endangering Every Patient in America: INCLUDING THEIR LIBERTIES)
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To: lepton
said, "Of course. But it is the type of case that really leans on the state judicial system making that ruling."

True for this case. The ruling allowed for 100 feet as acceptable. That could've been over turned Rudy failed to do it

382 posted on 11/27/2020 9:05:11 PM PST by Steve Van Doorn (*in my best Eric Cartman voice* 'I love you, guys')
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To: Jamestown1630

That is nice of you to say. Thank you


383 posted on 11/27/2020 9:06:08 PM PST by Steve Van Doorn (*in my best Eric Cartman voice* 'I love you, guys')
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To: gas_dr

You still haven’t told us, plainly, your practical pathway to saving the Republic. (You seem to be all ‘gas’ and not much ‘Dr.’.)

The Founders gave us remedies, in our Constitution.

We are following those; and the Fat Lady hasn’t sung, yet.


384 posted on 11/27/2020 9:09:54 PM PST by Jamestown1630 ("A Republic, if you can keep it.")
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To: Steve Van Doorn

I try to be ‘nice’ most of the time.

Sometimes, when it’s very important, I’m simply factual; and I let the chips fall where they may.


385 posted on 11/27/2020 9:12:22 PM PST by Jamestown1630 ("A Republic, if you can keep it.")
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To: Jamestown1630

I never claimed to be perfect


386 posted on 11/27/2020 9:47:21 PM PST by Steve Van Doorn (*in my best Eric Cartman voice* 'I love you, guys')
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To: Alter Kaker; caww

I’m not a lawyer. People are blaming Giuliani. Others say it’s good because then the court goes up to higher court and there’s not enough time anyway. Someone replace explain?. 🤷🏻‍♀️


387 posted on 11/27/2020 9:50:40 PM PST by CondoleezzaProtege
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To: CondoleezzaProtege; Alter Kaker; caww
I’m not a lawyer. People are blaming Giuliani. Others say it’s good because then the court goes up to higher court and there’s not enough time anyway. Someone replace explain?. 🤷🏻‍♀️

Please* explain

388 posted on 11/27/2020 9:51:52 PM PST by CondoleezzaProtege
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To: Hostage

So this 3rd circuit court ruling is a good thing? 🤷🏻‍♀️


389 posted on 11/27/2020 9:53:37 PM PST by CondoleezzaProtege
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To: CondoleezzaProtege

The 3-Judge Panel were all appointed by Republican Presidents including one appointed by President Trump.

One of the Justices wrote sternly that Giuliani had presented no evidence of fraud to which Giuliani responded this case was not a fraud case, it was only to decide if the denial of his lower court motion to amend deprived rights of Plaintiff.

Now I would bet the Justices were fully aware of the above yet they dismissed it based on an error. That allows Giuliani to appeal to the US Supreme Court.

Now if these Justices had granted Giuliani’s appeal motions, they would have sent it back to the lower court with instructions to allow the case to amend other material of fraud. THAT WOULD HAVE TAKE A WEEK TO TWO WEEKS.

So I see the denial of Giuliani’s motion as opening the door to the Supreme Court which is why it can be viewed as a favor.

Did Giuliani know this ahead of time? I think so. He’s been around a long, long time and he’s no dummy. He pretty much invented RICO and took down the Mob with it. So yeah, I would say he looked at the calendar and thought and thought how he could get the case to the US Supreme Court as fast as possible and his legal maneuvering produced the result he wanted.

Sometimes in the legal arena, you have to take it on the chin in order to let your opponent think you’re weak. Then when you’re ready to deliver the KO, they never expect it.


390 posted on 11/27/2020 10:07:39 PM PST by Hostage (Article V)
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To: God_Country_Trump_Guns

Thank you for your instructive reply. Your view makes what happened sensible. I agree. Don’t bring a pop-gun to a real firefight.


391 posted on 11/27/2020 10:15:28 PM PST by imardmd1 (Fiat Lux)
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To: All; DannyTN

possibly relevant to this, see here

https://freerepublic.com/focus/bloggers/3910178/posts?page=43#43

and here

https://freerepublic.com/focus/bloggers/3910178/posts?page=49#49


392 posted on 11/27/2020 10:27:53 PM PST by SteveH
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To: CondoleezzaProtege
well first Guilianni isn't the only one fighting here in Pa. we've got oodles of folks here in Pa hammering on this fraud election...teams that are never reported and glad they aren't. Just let this unfold.....and watch.
393 posted on 11/27/2020 11:18:09 PM PST by caww ( )
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To: caww

GOD BE WITH THEM ALL!


394 posted on 11/27/2020 11:23:36 PM PST by CondoleezzaProtege
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To: Jim Noble

Equal protection is a nonjustible political question?


395 posted on 11/27/2020 11:28:36 PM PST by DrewsMum
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To: CondoleezzaProtege

That’s a big Amen!


396 posted on 11/27/2020 11:34:45 PM PST by caww ( )
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To: Hostage

Did Giuliani know this ahead of time? I think so.

Yes!


397 posted on 11/27/2020 11:36:13 PM PST by caww ( )
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To: Jamestown1630

I’ve said six times what the remedies are. You don’t like them. Enjoy your tyranny


398 posted on 11/28/2020 3:04:58 AM PST by gas_dr (Trial lawyers AND POLITICIANS are Endangering Every Patient in America: INCLUDING THEIR LIBERTIES)
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To: Alter Kaker

According to Ellis, in a tweet, fraud WAS part of the case.

I’m confused.

I thought the 2 main charges were equal protection and the part about observers.

I’m kinda confused.


399 posted on 11/28/2020 5:53:31 AM PST by DrewsMum
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To: Williams

I thought this was about equal protection and they’re asking for the counties that broke PA election law to be investigated.

No?


400 posted on 11/28/2020 5:56:30 AM PST by DrewsMum
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