In Harsh Rebuke, Appeals Court Rejects Trump’s Election Challenge in Pennsylvania – The New York Times

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Still, when asked on Thursday if he would leave the White House if the Electoral College, as expected, formalizes Mr. Biden’s victory, the president said: “Certainly I will.”

On Friday, moments after the three-judge panel from the Third Circuit handed down its ruling, Jenna Ellis, one of Mr. Trump’s lawyers, wrote on Twitter that she and Rudolph W. Giuliani, who is leading the president’s postelection legal campaign, planned to appeal to the Supreme Court. In her Twitter post, Ms. Ellis accused “the activist judicial machinery in Pennsylvania” of covering up “allegations of massive fraud” despite the fact that all three judges on the panel were appointed by Republicans.

But even if the Supreme Court granted the Trump campaign’s proposed request to reverse the Third Circuit, it would not get much, given the narrow way in which the appeal was structured.

Mr. Trump’s lawyers had asked the appeals court only for permission to file a revised version of its original complaint to Judge Brann. If the Supreme Court abided by the strict terms of the appeal, it could do no more than return the case to Judge Brann’s court for further action.

In a letter to the Third Circuit earlier this week, lawyers for Mr. Trump had suggested that the appeals court could, on its own, reverse the certification of Pennsylvania’s vote, which took place on Tuesday when Gov. Tom Wolf signed off on the slate of 20 electors and solidified President-elect Joseph R. Biden Jr.’s victory there. Georgia certified its vote last week after a hand-recount of its five million ballots left Mr. Biden’s victory intact. But Mr. Trump’s lawyers stopped short of formally requesting such a move.

Still, the appeals court shot down that suggestion too, saying the campaign’s arguments for effectively undoing Pennsylvania’s election had “no merit” and would be “drastic and unprecedented.”

“That remedy would be grossly disproportionate to the procedural challenges raised,” the judges wrote.

Source Article from https://www.nytimes.com/2020/11/27/us/politics/trump-pennsylvania-appeals-court.html

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