AP

Appeals court rejects Pres. Trump challenge of Pennsylvania race

Nov 27, 2020, 2:02 PM
2020 Pennsylvania challenge...
President Trump departs after participating in a video teleconference call with members of the military on Thanksgiving, Thursday, Nov. 26, 2020, at the White House in Washington. (AP Photo/Patrick Semansky)
(AP Photo/Patrick Semansky)

PHILADELPHIA (AP) — President Donald Trump’s legal team suffered yet another defeat in court Friday as a federal appeals court in Philadelphia roundly rejected the campaign’s latest effort to challenge the state’s election results.

Mr. Trump’s lawyers vowed to appeal to the Supreme Court despite the judges’ assessment that the “campaign’s claims have no merit.”

“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,” 3rd Circuit Judge Stephanos Bibas wrote for the three-judge panel.

The case had been argued last week in a lower court by Pres. Trump’s lawyer Rudy Giuliani, who insisted during five hours of oral arguments that the 2020 presidential election had been marred by widespread fraud in Pennsylvania. However, Giuliani failed to offer any tangible proof of that in court.

U.S. District Judge Matthew Brann had said the campaign’s error-filled complaint, “like Frankenstein’s Monster, has been haphazardly stitched together” and denied Giuliani the right to amend it for a second time.

The 3rd U.S. Circuit Court of Appeals called any revisions “futile.” The three judges on the panel were all appointed by Republican presidents. including Bibas, a former University of Pennsylvania law professor appointed by Mr. Trump. Pres. Trump’s sister, Judge Maryanne Trump Barry, sat on the court for 20 years, retiring in 2019.

“Voters, not lawyers, choose the president. Ballots, not briefs, decide elections,” Bibas said in the opinion, which also denied the campaign’s request to stop the state from certifying its results, a demand he called “breathtaking.”

In fact, Pennsylvania officials had announced Tuesday that they had certified their vote count for President-elect Joe Biden, who defeated Mr. Trump by more than 80,000 votes in the state. Nationally, Biden and running mate Kamala Harris garnered nearly 80 million votes, a record in U.S. presidential elections.

Pres. Trump has said he hopes the Supreme Court will intervene in the race as it did in 2000, when its decision to stop the recount in Florida gave the election to Republican George W. Bush. On Nov. 5, as the vote count continued, Pres. Trump posted a tweet saying the “U.S. Supreme Court should decide!”

Ever since, Mr. Trump and his surrogates have attacked the election as flawed and filed a flurry of lawsuits to try to block the results in six battleground states. But they’ve found little sympathy from judges, nearly all of whom dismissed their complaints about the security of mail-in ballots, which millions of people used to vote from home during the COVID-19 pandemic.

Pres. Trump perhaps hopes a Supreme Court he helped steer toward a conservative 6-3 majority would be more open to his pleas, especially since the high court upheld Pennsylvania’s decision to accept mail-in ballots through Nov. 6 by only a 4-4 vote last month. Since then, Trump nominee Amy Coney Barrett has joined the court.

“The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud,” Pres. Trump’s lawyer Jenna Ellis tweeted after Friday’s ruling. “On to SCOTUS!”

In the case at hand, the Trump campaign asked to disenfranchise the state’s 6.8 million voters or at least “cherry-pick” the 1.5 million who voted by mail in Philadelphia, Pittsburgh and other Democratic-leaning areas, the appeals court said.

“One might expect that when seeking such a startling outcome, a plaintiff would come formidably armed with compelling legal arguments and factual proof of rampant corruption,” Brann wrote in his scathing ruling on Nov. 21. “That has not happened.”

A separate Republican challenge that reached the Pennsylvania Supreme Court this week seeks to stop the state from further certifying any races on the ballot. Democratic Gov. Tom Wolf’s administration is fighting that effort, saying it would prevent the state’s legislature and congressional delegation from being seated in the coming weeks.

On Thursday, Mr. Trump said the Nov. 3 election was still far from over. Yet he offered the clearest signal to date that he would leave the White House peaceably on Jan. 20 if the Electoral College formalizes Biden’s win.

“Certainly I will. But you know that,” Pres. Trump said at the White House, taking questions from reporters for the first time since Election Day.

On Friday, however, he continued to baselessly attack Detroit, Atlanta and other Democratic cities with large Black populations as the source of “massive voter fraud.” And he claimed, without evidence, that a Pennsylvania poll watcher had uncovered computer memory drives that “gave Biden 50,000 votes” apiece.

All 50 states must certify their results before the Electoral College meets on Dec. 14, and any challenge to the results must be resolved by Dec. 8. Biden won both the Electoral College and popular vote by wide margins.

Today’s Top Stories

AP

A female bison and calf are seen near the Yellowstone River in Wyoming's Hayden Valley, on Wednesda...
Mark Jones

2nd visitor in 3 days gored by Yellowstone National Park bison

In less than a week, two visitors to Yellowstone National Park have been gored by bison. Park officials say to stay at least 25 yards away from a bison.
18 hours ago
Travelers wait in for a TSA security check at the Los Angeles International Airport in Los Angeles,...
DAVID KOENIG ASSOCIATED PRESS

Pre-pandemic sized crowds descend on US airports for holiday

TSA is reporting crowds of pre-pandemic size are traveling this Independence Day.
18 hours ago
Residents stand in front of building destroyed by missiles in Ukraine...
FRANCESCA EBEL Associated Press

Russian missiles kill at least 19 in Ukraine’s Odesa region

The Ukrainian president's office said three Kh-22 missiles fired by Russian bombers struck an apartment building and a campsite.
18 hours ago
Ketanji Brown Jackson takes the oath for the Supreme Court....
MARK SHERMAN Associated Press

Jackson sworn in, becomes 1st Black woman on Supreme Court

Judge Ketanji Brown Jackson, 51, will be sworn as the court's 116th justice Thursday, just as the man she is replacing, Justice Stephen Breyer, retires.
2 days ago
The Supreme Court is pictured. The court just limited the EPA...
MARK SHERMAN Associated Press

Supreme Court limits EPA in curbing power plant emissions

The Supreme Court on Thursday limited how the nation's main anti-air pollution law can be used to reduce carbon dioxide emissions from power plants.
2 days ago
President Joe Biden speaks during a news conference on the final day of the NATO summit in Madrid, ...
DARLENE SUPERVILLE and ZEKE MILLER Associated Press

Biden says transatlantic alliance has adapted to new threats

Biden's comments came at a press conference in Madrid at the conclusion of the annual meeting of NATO leaders and after he attended a summit with the Group of Seven advanced democratic economies in the Bavarian Alps.
2 days ago

Sponsored Articles

Tax Harassment...
Jordan Wilcox

The best strategies for dealing with IRS tax harassment | You have options!

Learn how to deal with IRS tax harassment. This guide will teach you how to stop IRS phone calls and letters, and how to handle an IRS audit.
spend a day at Bear Lake...
Bear Lake Convention and Visitors Bureau

You’ll love spending the day at Bear Lake | How to spend a day at Bear Lake

Bear Lake is a place that needs to be experienced. Spend a day at Bear Lake.
Curb Appeal...
Price's Guaranteed Doors

How to have the best of both worlds for your house | Home security and curb appeal

Protect your home and improve its curb appeal with the latest security solutions like beautiful garage doors and increased security systems.
Prescription opioids can be disposed of during National Prescription Take Back Day...
Know Your Script

Prescription opioid misuse | How to protect your family from the opioid epidemic

Studies have shown that prescription opioid misuse has increased since COVID-19. So what do you need to know about these opioids?
national heart month...
Intermountain Healthcare

National Heart Month: 5 Lifestyle Changes to Make Today to Keep You Heart Healthy

Heart disease is the leading cause of death for both men and women. One person dies every 36 seconds in the United States from cardiovascular disease
Joseph Smith Memorial Building...
Temple Square

The Joseph Smith Memorial Building is an icon of Salt Lake City | Why hosting an event at this beautiful location will make you a hero this year

Here's why hosting an event at the iconic Joseph Smith Memorial Building in downtown Salt Lake City will make you a hero this year.
Appeals court rejects Pres. Trump challenge of Pennsylvania race