The Third Circuit just handed down a major defeat to the Trump campaign, unanimously ruling 3-0 to deny the campaign’s request for an appeal:
Third Circuit slams door on Giuliani's PA appeal. Appeal was narrow on procedural issue regarding ability to amend the complaint again. Panel unanimously rules that not only was it proper to deny the request, the amended complaint was "futile." (1/?)https://t.co/55Tr1vEGXR
— Ed Morrissey (@EdMorrissey) November 27, 2020
The decision, authored by a Trump-appointed judge, was particularly brutal to the campaign’s arguments:
U.S. appeals court:
“Voters, not lawyers, choose the president. Ballots, not briefs, decide elections…No federal law requires poll watchers or specifies where they must live or how close they may stand when votes are counted"https://t.co/Ei40ivQlzL @eelarson @business pic.twitter.com/PQU9gZsRJd
— David S. Joachim (@davidjoachim) November 27, 2020
“Voters, not lawyers, choose the President. Ballots, not briefs, decide elections”:
"Voters, not lawyers, choose the President. Ballots, not briefs, decide elections."
— U.S. Circuit Judge Stephanos Bibas, a Trump appointee scathingly rejecting the Trump campaign's appeal in the case with Rudy Giuliani https://t.co/7CiENfRbJB
— Adam Klasfeld (@KlasfeldReports) November 27, 2020
All three judges were appointed by Republicans:
Not that it necessarily matters, but since the Trump campaign has politicized this:
Every single member of this panel scathingly rejecting this appeal was appointed by a Republican, including its lead author, by Trump.
— Adam Klasfeld (@KlasfeldReports) November 27, 2020
Rudy Giuliani’s own words were used against him after he argued previously, “this is not a fraud case”:
Rudy's totally terrible oral argument has consequences pic.twitter.com/QLCPZnUxHc
— Raffi Melkonian (@RMFifthCircuit) November 27, 2020
And:
"The Campaign would have us set aside 1.5 million ballots without even alleging fraud."
Reminder: No matter what people might say inside a Wyndham Inn, it is false to state that the Trump campaign alleged fraud.
As the 3rd Circ notes, it has not. https://t.co/7CiENfRbJB pic.twitter.com/Tmu58jc0Yb
— Adam Klasfeld (@KlasfeldReports) November 27, 2020
Jenna Ellis and Rudy Giuliani released a statement saying they will attempt to take the case to the Supreme Court next:
.@RudyGiuliani and me on Third Circuit’s opinion:
The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud.
We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature.
On to SCOTUS!
— Jenna Ellis (@JennaEllisEsq) November 27, 2020
The Supreme Court, however, is under no obligation to take the case:
I'd expect the campaign to appeal this to the Supreme Court, but it's highly unlikely to get cert. This ruling appears designed to preclude any argument for review.
— Ed Morrissey (@EdMorrissey) November 27, 2020
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