Who said anything about getting to trial? Do you know what a trial court is, as opposed to an appellate court? Do you know that discovery is something that happens in a trial court and not an appellate court? Do you know that a court does not have to allow discovery before determining g whether the plaintiff has stated a claim or has alleged facts establishing standing and the other components of subject matter jurisdiction?
The Trump campaign and the voter plaintiffs only get discovery, expedited or otherwise, if either the 3rd Circuit or SCOTUS reverse Judge Brann’s dismissal of their two remaining claims and remand the case to the trial court, Judge Brann’s court. These were the claims asserting that Philadelphia County’s allowing mail-in voters to “cure” defective ballots violated the Electors and Elections Clauses and the Equal Protection Clause—the plaintiffs voluntarily abandoned their other claims, including their claims alleging voter fraud.
The 3rd Circuit already held that voters and candidates lack standing to bring these claims in the Bognet case from two weeks ago, so they will almost certainly affirm Judge Brann’s order. I doubt SCOTUS will rule differently. Bush v. Gore never addressed standing to sue over an Electors Clause violation, and the Bognet case makes a pretty compelling argument that only the state legislature has standing to sue over the usurpation of its power to determine how electors are appointed. The Equal Protection claim is, frankly, a crazy one and there’s no way a conservative judge will buy it.
Maybe Trump has a chance to pull this out, but it is not happening through this case. I think the Trump Campaign knows this, which is why they allowed their real election lawyers to withdraw without much of a fuss.
Its happening, one way or the other:
PENNSYLVANIA, ARIZONA, MICHIGAN LEGISLATURES TO HOLD PUBLIC HEARINGS ON 2020 ELECTION
Then its back to court.
Powell is filing her fraud case in Georgia tomorrow. Rudy will be in Gettysburg presenting witnesses and scientific data on fraud.
Discovery will happen one way or the other defacto or dejure.