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.
Thank u
Freepers live on Mars
Then why did they even mess with the stupid notion. Why not massive fraud?
Time is not on Rudy’s side. Yes this with go to the whole circuit and then to the Supremes....and then kicked back down.
Get the massive fraud case rolling now or the cement is set/hardended.
Sorry but in the end it’ll be a political ruling if the outrage isn’t sufficient........
That’s ALWAYS an assumption.
So the clock is ticking as this is appealed.
They don’t want court packing either, and that is surely what will happen if the dems get away with this. I would like to think that they are interested in truth and justice, as I think some of them are, but even the activist judges have to look out for themselves. I would not be surprised if we saw some 9-0 decisions.
“Agree! It would of been a better strategy to have a few wins on the way up to SCOTUS.”
Yes. The Biden Campaign should be the ones appealing losses in court.
Apparently a lot of people on FR have not followed this plan. Trump lawyers are NOT pursuing fraud. They are using the grounds that the PA SOS illegally changed campaign laws, only the PA legislators have that power.
The fraud charges are being brought to court by Sydney Powell, who is NOT a Trump lawyer.
The strategy is to fight it on 2 levels simultaneously.
When you have just ONE SHOT. You have to make it positioning yourself with the best vantage, tactical timing and have the most clear path to hit your target. The legal team is not stupid, irresponsible or naive. They are playing chess... they are playing for a checkmate in the least amount of moves.
Everything they are doing and in the order they are doing it indeed makes sense to that end.
Federalist Society conservative.
Sorry, those words no longer belong in the same sentence.
The issue before the Supreme Court previously is different from this case.
Fraud and wrongdoing was alleged here and it wasn’t the best drafted complaint and it had the appearance of being rushed. I think they need to re-file ASAP and aim lower, namely, asking that the dismissal be without prejudice.
Seriously, Rudi is a good lawyer but election law isn’t his forte.
Unfortunately, you are probably correct.
Whatever.
There are in for a shock.
Better to win and have the other side appeal it.
They are...
since ALL of the World has watched VIDEOS
of the salient OBVIOUS Fraud,
the pseudo-judges have DECLARED themselves KNOWINGLY
part of the sedition and treason of the season.
Its exactly what is going on. If it gets to the Supreme they can rule or punt to the house of Reps.
The fix is in folks. Swamp rats saving their skins and enriching themselves to the detriment of our nation. All of them.
Can someone give me a clue?
No one with police or subpoena powers is genuinely investigated the election fraud. The USPS sent a Biden goon to “investigate” the Project Veritas whistleblower. No surprise nothing came of that. Trump’s team is isolated and grasping at straws, basically.
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