President Donald Trump’s campaign lawyers said Saturday they would file an appeal to the Third Circuit court after a federal judge dismissed a lawsuit to challenge the results of the election in Pennsylvania.
Trump 2020 attorneys former Mayor Rudy Giuliani and Jenna Ellis said in a statement:
“Today’s decision turns out to help us in our strategy to get expeditiously to the U.S. Supreme Court. Although we fully disagree with this opinion, we’re thankful to the Obama-appointed judge for making this anticipated decision quickly, rather than simply trying to run out the clock.”
The lawsuit argued that the legal guarantee of “equal protection under the law” was violated after counties where voters were primarily Democrats took different approaches than counties where voters were primarily Republicans to help voters with problems with their mail-in ballots.
“We are disappointed we did not at least get the opportunity to present our evidence at a hearing. Unfortunately the censorship continues. We hope that the Third Circuit will be as gracious as Judge Brann in deciding our appeal one way or the other as expeditiously as possible. This is another case that appears to be moving quickly to the United States Supreme Court.”
U.S. Middle District Judge Matthew Brann dismissed the suit on Saturday “with prejudice,” issuing a stinging rebuke to the campaign for trying to “disenfranchise almost seven million voters.” He wrote:
“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, such that this Court would have no option but to regrettably grant the proposed injunctive relief despite the impact it would have on such a large group of citizens. That has not happened.”
Brann wrote that the Trump campaign and its co-plaintiffs, who were two voters who were not allowed to cure their ballots, “ask the Court to violate the rights of over 6.8 million Americans.” He contends that granting the plaintiffs their requested relief “would necessarily require invalidating the ballots of every person who voted in Pennsylvania.”
“Because this Court has no authority to take away the right to vote of even a single person, let alone millions of citizens, it cannot grant [the Trump campaign’s] requested relief,” he stated.
Brann additionally described the case as a “Frankenstein’s monster” that attempted to “mix-and-match claims to bypass contrary precedent.”
Judge Brann, a Barack Obama appointee, dismissed the lawsuit without prejudice, meaning it is impossible for the Trump campaign to resubmit the case. Giuliani’s lawsuit against the state on behalf of the Trump campaign is one of the most high-profile lawsuits brought by the President’s team in his multi-state effort to challenge the results of the US 2020 election.
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