Posted on 11/27/2020 1:09:41 PM PST by gattaca
The president's campaign will continue pushing their legal fight toward the Supreme Court
The Trump 2020 campaign's legal team suffered another blow in court on Friday, as a federal appeals court in Philadelphia rejected the attorneys' effort to contest the results of the presidential election in Pennsylvania.
Judge Stephanos Bibas wrote on behalf of the three-judge panel that reviewed the appeal, "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."
Trump's attorneys have vowed to appeal the case to the Supreme Court, despite the round dismissal from the appeals court.
Senior strategy adviser for the Trump campaign Steve Cortes told Just the News that "We will be appealing to the United States Supreme Court, which has always been where we wanted to end up. The sooner the better. We want to make these cases before the high court and we believe we have a compelling argument to make."
The case was argued last week by President Trump's personal lawyer Rudy Giuliani, who presented the case that the results of the election had been undermined by widespread voter fraud across Pennsylvania. But Giuliani offered little tangible evidence to fortify his claims.
All three of the judges on Friday's panel of 3rd U.S. Circuit Court judges were appointed by Republicans, including Judge Bibas who is a Trump appointee. Until 2019, President Trump's sister, Maryanne Trump Barry, sat on the court for two decades.
On Tuesday, the state of Pennsylvania certified its election results in favor of Joe Biden, who will officially receive the Keystone State's 20 electoral votes. Biden led Trump in Pennsylvania by about 80,000 votes.
Following Friday's ruling, senior Trump campaign attorney Jenna Ellis tweeted, "The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud. On to SCOTUS!"
I have no doubt that SCOTUS can scrutinize and weigh the evidence on the record before it.
I’m just pointing out that the general rule is NEW evidence cannot be put before SCOTUS.
Also, generally, District Courts are trial courts, and when their ruling is appealed to Circuit Courts, the issue that is reviewed by the Circuit Court can then be reviewed by SCOTUS if cert is granted. Novel questions of law cannot be introduced for SCOTUS to review and rule upon.
>>NEW evidence cannot be put before SCOTUS.<<
I agree
If only George H.W. Bush had chosen J. Harvie Wilkinson (Harvard Undergrad, UVA Law Degree) instead of David Souter. Or if George H.W. Bush had chosen Wilkinson over John Roberts. Sadly Wilkinson went to a state university law school instead of an Ivy.
Whatever. Maybe we can get a David Brock autograph of his latest EKG.
Trump, et al isn't the mover anyway.
True. Justices tend to select clerks from their Alma Mater.
If only BORK had been confirmed instead of KENNEDY.
Easily Reagan's greatest failure. This would be a different country right now if the GOP had affirmed Bork.
Instead I have to spend Black Friday swatting Media Matters newbies -- how apropros.
Powell: Alakablam!
The hate in this country towards PDJT runs wide and deep. Biden didn’t get 80 million votes. The candidate who wasn’t Trump got that many.
That’s a funny statement to think you believe 80 million people voted on the left.
Rudy back then was working on mixing his hair dye.
I work with (for) DocRock who has been a long time member here. And he and I believe God has his hand on this.
And he’s a vampire.
Welp, yeah, but I don't think she's even of counsel on Republican Party PA v Boockvar. That was filed by John Matthew Gore of JonesDay, and Sekulow and Strawbridge (of Conovoy) joined the suit on behalf of Trump the day after the election.
Interestingly, the Trump, et al case was the first -- and last -- case that PorterWright carried water on. They were the white shoe firm that bailed days later supposedly because of a revolt within their Libtard faction. They were told to get out by Biden's people.
What's really interesting, is that the MSM has convinced themselves -- and I mean WaPo and NYT and the nutroot cable -- that Trump, et al was the "end of it".
First of all Scarnati v Democrat Party of PA, which is also a JonesDay filing meant to preserve the Article II path to cert viz Bush v Gore is still lingering in SCOTUS.
But more importantly, in Republican Party of PA, just before the holiday SCOTUS granted: "Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020, for all respondents." meaning get your ducks in a row by end of month; and then Dec. 1 SCOTUS will surely have to issue a hearing date post-haste.
Trump will have control of the #Narrative once that SCOTUS hearing date is set, I hope his communications people are ready with both the plan A to win the election and the plan B to convince people this was a puppet-state installation of a zombie, and also show Roberts (who will have no remedy if Republican Party of PA prevails) as also a puppet-state installation.
Aren’t you thinking of Barnabas Collins ?
He’s now a federal appellate judge? My, he’s come down in the world.
This Spectator article, soberly written and non-conspiratorial, from a publication that is regarded as a thoughtful and intelligent conservative voice, has convinced me that there are serious questions regarding the election.
I never denied there was fraud. I just believed that it wasn't a game changer and that Trump had mostly himself to blame for failing to overcome this handicap.
I no longer believe this.
While I continue to believe Trump will not win in the courts, I am a pessimist here, and that Joe Biden will be inaugurated next January, there is no denying the obvious fraud that took place, fraud that I no longer doubt was enough to change the outcome of the race.
I believe that President Trump legitimately won Pennsylvania and accepting this, he likely won other battleground states as well.
He will not win in the courts but he did not lose this election.
No matter what happens in January, President Trump should never concede.
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