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Proceedings are about to begin in the Trump campaign's pared-down lawsuit to block certification of the Pennsylvania vote.
Now featuring Rudy Giuliani.
I'll live-tweet the proceedings for @LawCrimeNews. https://lawandcrime.com/2020-election/rudy-giuliani-makes-his-move-asks-judge-to-approve-him-as-trump-campaigns-new-attorney-in-pennsylvania-lawsuit/
Now featuring Rudy Giuliani.
I'll live-tweet the proceedings for @LawCrimeNews. https://lawandcrime.com/2020-election/rudy-giuliani-makes-his-move-asks-judge-to-approve-him-as-trump-campaigns-new-attorney-in-pennsylvania-lawsuit/
There are 3,999 people on the line.
(There's a 4,000 maximum.)
"All rise."
Judge: Please be seated.
(There's a 4,000 maximum.)
"All rise."
Judge: Please be seated.
Judge Matthew W. Brann calls the case.
Rudy: "I represent the plaintiffs in this case," asking to be admitted pro hac vice (for this occasion).
Judge: That's done.
Rudy: "I represent the plaintiffs in this case," asking to be admitted pro hac vice (for this occasion).
Judge: That's done.
A parade of lawyers for the various parties state their names for the record.
Judge Brann: We're here for oral arguments on the defendants' motion to dismiss.
Brann: The plaintiffs' amended complaint "has removed several counts" from the plaintiffs' original complaint.
Trump falsely denied this reality.
Background via @LambeJerry https://lawandcrime.com/2020-election/lawyers-pan-significant-shrinkage-of-trump-campaigns-pennsylvania-lawsuit-only-addresses-a-handful-of-ballots/
Trump falsely denied this reality.
Background via @LambeJerry https://lawandcrime.com/2020-election/lawyers-pan-significant-shrinkage-of-trump-campaigns-pennsylvania-lawsuit-only-addresses-a-handful-of-ballots/
Rudy Giuliani is up first for the plaintiffs.
"May it please the court," he begins.
"May it please the court," he begins.
Giuliani alleges "widespread nationwide voter fraud."
There is no evidence of it, and international observers call this false.
"This is one of those situations that you do not let a serious crisis to to waste," he says.
There is no evidence of it, and international observers call this false.
"This is one of those situations that you do not let a serious crisis to to waste," he says.
Giuliani calls mail-in ballots a threat of voter fraud.
(Note: Three other lawyers for the Trump campaign have denied such claims in court, when pressed by judges.)
(Note: Three other lawyers for the Trump campaign have denied such claims in court, when pressed by judges.)
Giuliani:
"We now have an opportunity to hold back votes or produce votes after an election to make up a deficit."
Note: Votes were counted after Election Day, they were not "held back."
"We now have an opportunity to hold back votes or produce votes after an election to make up a deficit."
Note: Votes were counted after Election Day, they were not "held back."
Giuliani claims inspectors "weren't allowed to observe" the ballot-counting.
They were, and other Trump attorneys have conceded that.
They were, and other Trump attorneys have conceded that.
Giuliani claims this is alleged conspiracy happening in "big cities, controlled by Democrats."
"You'd have to be a fool to think this is an accident."
"You'd have to be a fool to think this is an accident."
Side note:
In the original complaint, which has been significantly pared down, Trump's campaign alleged suspected instances of voter fraud in two Republican counties.
The campaign did not sue those counties, only the blue counties. https://lawandcrime.com/2020-election/trump-campaign-files-federal-lawsuit-seeking-to-block-pennsylvania-from-certifying-election-results/
In the original complaint, which has been significantly pared down, Trump's campaign alleged suspected instances of voter fraud in two Republican counties.
The campaign did not sue those counties, only the blue counties. https://lawandcrime.com/2020-election/trump-campaign-files-federal-lawsuit-seeking-to-block-pennsylvania-from-certifying-election-results/
Giuliani moves onto a separate complaint about the ability to cure errors on mail-in ballots.
He says that some counties allowed ability to cure defects and others did not.
"That's exactly Bush v. Gore. Exactly!"
He says that some counties allowed ability to cure defects and others did not.
"That's exactly Bush v. Gore. Exactly!"
Background:
A separate GOP challenge against counties that allowed mail-in voters to cure defective ballots... did not go well.
Judge Savage shredded it. https://lawandcrime.com/2020-election/bush-appointed-judge-savages-gop-case-against-pa-mail-in-ballots-election-code-is-not-meant-to-disenfranchise-voters/
A separate GOP challenge against counties that allowed mail-in voters to cure defective ballots... did not go well.
Judge Savage shredded it. https://lawandcrime.com/2020-election/bush-appointed-judge-savages-gop-case-against-pa-mail-in-ballots-election-code-is-not-meant-to-disenfranchise-voters/
Giuliani:
"I believe we're going to prove it."
"I believe we're going to prove it."
Compare Rudy Giuliani's arguments in Pennsyvania to another Trump campaign lawyer's arguments in Arizona. https://twitter.com/KlasfeldReports/status/1328367399603752965?s=20
Giuliani invokes the specter of a "stolen" election, a claim expressly disclaimed by Team Trump's lawyers in Arizona.
Giuliani rants about Philadelphia, describing it as corrupt in a grand, corrupt, airy conspiracy theory of mass fraud with no specifics:
"This doesn't happen in an honest place."
"This is an outrage, your honor, to do this to people."
"This doesn't happen in an honest place."
"This is an outrage, your honor, to do this to people."
Rudy alleged 1.5 million illegal votes.
He doesn't explain how he arrived at that number.
He doesn't explain how he arrived at that number.
Rudy Giuliani submits an exhibit that he describes as someone using binoculars to observe the process.
A defense counsel asks him to represent as an "officer of the court" that an exhibit is from Philadelphia county.
"I was told that," Giuliani responds.
A defense counsel asks him to represent as an "officer of the court" that an exhibit is from Philadelphia county.
"I was told that," Giuliani responds.
Giuliani says he'll correct himself if he learns otherwise.
Giuliani's co-counsel declines to add anything.
Up next is Daniel Donovan, representing the Pennsylvania Secretary of the Commonwealth for the powerhouse firm Kirkland & Ellis
Up next is Daniel Donovan, representing the Pennsylvania Secretary of the Commonwealth for the powerhouse firm Kirkland & Ellis
Secretary of the Commonwealth Kathy Boockvar is working hard to meet the "fast approaching" deadline to certify the vote, Donovan says.
"Counsel on the side of the aisle focused on allegations that aren't in the complaint," Donovan notes.
"Counsel on the side of the aisle focused on allegations that aren't in the complaint," Donovan notes.
Put another way, Giuliani's freewheeling opening statement bore little semblance to their actual lawsuit.
Donovan dedicates his opening statement to a far less flashy rebuttal to what their lawsuit says, not what Giuliani declaimed.
"There is no claim in the complaint that any Pennsylvania voter cast more than one ballot."
"There is no claim in the complaint that any Pennsylvania voter cast more than one ballot."
Donovan: "There's nothing unequal about the ability to cast a vote in this case."
He boils down their actual argument to a claim that a tiny number of ballots were counted and shouldn't have been, therefore all of them should be thrown out.
He calls that claim "un-American."
He boils down their actual argument to a claim that a tiny number of ballots were counted and shouldn't have been, therefore all of them should be thrown out.
He calls that claim "un-American."
Donovan moves onto the issue of standing.
"Federal courts have immense power," but limited jurisdiction, he notes.
"Federal courts have immense power," but limited jurisdiction, he notes.
Donovan:
"The plaintiffs fail to assert particularized concrete injuries under the law."
"The plaintiffs fail to assert particularized concrete injuries under the law."
Donovan delves deeply into standing requirements, i.e. the right to sue.
Lawyers hoping to win a case, rather than using the federal judiciary to get out their PR messaging, must focus on legal issues like this.
Lawyers hoping to win a case, rather than using the federal judiciary to get out their PR messaging, must focus on legal issues like this.
Donovan: "The plaintiffs don't actually alleged vote denial."
If the plaintiffs wanted to allege that, they would have sued Fayette and Lancaster County.
They didn't, he notes.
If the plaintiffs wanted to allege that, they would have sued Fayette and Lancaster County.
They didn't, he notes.
Context:
Fayette: Trump +34
Lancaster:Trump +16
Fayette: Trump +34
Lancaster:Trump +16
Donovan, referring to the plaintiff's case: "It's just speculation."
Before turning to equal protection claims, Donovan has one final word on his argument that plaintiffs' haven't proven a right to sue.
"On standing, I think that's the place to stop."
"On standing, I think that's the place to stop."
The public line has turned to pure static.
Standby.
Standby.
Still just white noise on the line of the day's most high-profile hearing.
Donald J. Trump for President, Inc., et al. v. Boockvar, et al. 4:20-cv-2078
in the Middle District of Pennsylvania
cc: @USCourts
Donald J. Trump for President, Inc., et al. v. Boockvar, et al. 4:20-cv-2078
in the Middle District of Pennsylvania
cc: @USCourts
Related:
Shortly before today's hearing, the @AP was denied physical entry into the courtroom because of COVID-19. So tech issues could effectively amount to a courtroom closure.
Doc: https://beta.documentcloud.org/documents/20407616-ap-order
Shortly before today's hearing, the @AP was denied physical entry into the courtroom because of COVID-19. So tech issues could effectively amount to a courtroom closure.
Doc: https://beta.documentcloud.org/documents/20407616-ap-order
Still mostly white noise but some barely audible words in the distant background.
Progress?
Progress?
Restored!
Judge:
"We had the telephone lines go down for reasons that I don't understand."
"My apologies, Mr. Donovan."
He invites the Secretary of the Commonwealth's counsel to pick up his arguments where he left off.
"We had the telephone lines go down for reasons that I don't understand."
"My apologies, Mr. Donovan."
He invites the Secretary of the Commonwealth's counsel to pick up his arguments where he left off.
Donovan calls the plaintiffs' equal protection arguments a "mystery."
They do not allege that other counties' efforts to expand voting-access made it harder for them to vote in their counties, he notes.
They do not allege that other counties' efforts to expand voting-access made it harder for them to vote in their counties, he notes.
