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3rd Circuit Unanimously Rejects Trump Appeal in PA Case
US Court of Appeals for the 3rd Circuit ^ | 11/27/20 | Judge Bibas

Posted on 11/27/2020 9:53:45 AM PST by Alter Kaker

Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof.

We have neither here. The Trump Presidential Campaign asserts that Pennsylvania’s 2020 election was unfair. But as lawyer Rudolph Giuliani stressed, the Campaign “doesn’t plead fraud. . . . [T]his is not a fraud case.” Instead, it objects that Pennsylvania’s Secretary of State and some counties restricted poll watchers and let voters fix technical defects in their mail-in ballots. It offers nothing more.

This case is not about whether those claims are true. Rather, the Campaign appeals on a very narrow ground: whether the District Court abused its discretion in not letting the Campaign amend its complaint a second time. It did not. Most of the claims in the Second Amended Complaint boil down to issues of state law. But Pennsylvania law is willing to overlook many technical defects. It favors counting votes as long as there is no fraud. Indeed, the Campaign has already litigated and lost many of these issues in state courts.

The Campaign tries to repackage these state-law claims as unconstitutional discrimination. Yet its allegations are vague and conclusory. It never alleges that anyone treated the Trump campaign or Trump votes worse than it treated the Biden campaign or Biden votes. And federal law does not require poll watchers or specify how they may observe. It also says nothing about curing technical state-law errors in ballots. Each of these defects is fatal, and the proposed Second Amended Complaint does not fix them. So the District Court properly denied leave to amend again.

Nor does the Campaign deserve an injunction to undo Pennsylvania’s certification of its votes. The Campaign’s claims have no merit. The number of ballots it specifically challenges is far smaller than the roughly 81,000-vote margin of victory. And it never claims fraud or that any votes were cast by illegal voters. Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised. So we deny the motion for an injunction pending appeal.


TOPICS: News/Current Events; Politics/Elections; US: Pennsylvania
KEYWORDS: 1butbutsydneypowell; 2020; 3amatuerhour; 3rdcircuit; butbutkraken; davidbrookmansmith; dbrookssmith; donaldtrump; dubyajudge; fearpers; federalistsociety; itsover; judiciary; liberalfreepers; matthewbrann; matthewwbrann; michaelachagares; michaelchagares; nevertrumper; notrealitysettingin; obamajudge; pennsylvania; politicaljudiciary; realitysettingin; stephanosbibas; tds; thirdcircuit; trump; trumpjudge
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This is an opinion of a three judge panel, composed of two judges appointed by George W. Bush and one appointed by Donald Trump. Judge Bibas, who wrote the opinion, was appointed by President Trump. The opinion can now be appealed to the full 3rd Circuit or to the US Supreme Court.
1 posted on 11/27/2020 9:53:45 AM PST by Alter Kaker
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To: Alter Kaker

.@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


2 posted on 11/27/2020 9:56:39 AM PST by Miss Didi ("After all...tomorrow is another day." Scarlett O'Hara, Gone with the Wind )
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To: Alter Kaker
Isaiah 28:10

For precept must be upon precept, precept upon precept; line upon line, line upon line; here a little, and there a little:

3 posted on 11/27/2020 9:56:53 AM PST by knarf (I say things that are true ..... I have no proof, but they're true.)
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To: Alter Kaker

I have an opinion


4 posted on 11/27/2020 9:56:55 AM PST by Eddie01 (too exhausted to apply the sarc tag)
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To: Alter Kaker

Yep, trust Giuliani to undermine the case, saying there was no fraud.


5 posted on 11/27/2020 9:57:17 AM PST by Reno89519 (Buy American, Hire American! End All Worker Visa Programs. Replace Visa Workers w/ American Workers)
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To: Alter Kaker
"The opinion can now be appealed to the full 3rd Circuit or to the US Supreme Court."

A loss is a win, right?

6 posted on 11/27/2020 9:57:57 AM PST by buckalfa
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To: Alter Kaker

In either case, this must happen now if not sooner. This nonsense has to be brought to an end.


7 posted on 11/27/2020 9:57:59 AM PST by Howie66 ("Ghislane Maxwell Didn't Kill Herself" )
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To: Alter Kaker

This appears as bad news but is actually good news as it rockets the Constitutional issues to the US Supreme Court.


8 posted on 11/27/2020 9:58:17 AM PST by Hostage (Article V)
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To: Alter Kaker

Wow


9 posted on 11/27/2020 9:58:48 AM PST by dp0622 (Tried a coup, a fake tax story, tramp slander, Russia nonsense, impeachment and a virus. They lost.)
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To: Alter Kaker

I think they were expecting this to happen. The intent was to just get past all these silly lower courts and get it to the Supreme court.


10 posted on 11/27/2020 9:58:52 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: Reno89519

Yep, trust Giuliani to undermine the case, saying there was no fraud.


????


11 posted on 11/27/2020 9:59:19 AM PST by Jane Long (Praise God, from whom ALL blessings flow.)
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To: Alter Kaker

If I’m reading this blurb correctly, Rudy et al. did not file a court complaint of fraud, such as the 600,000/3,200 Biden data dump revealed on Wednesday...?

Is this correct...?

Makes no sense...have to read more...


12 posted on 11/27/2020 9:59:36 AM PST by MCEscherHammer
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To: Reno89519

Dang, sure looks like fraud to me!


13 posted on 11/27/2020 9:59:50 AM PST by existentially_kuffer
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To: Reno89519

Don’t you grasp the concept of ‘strategery’?


14 posted on 11/27/2020 10:00:24 AM PST by Jamestown1630 ("A Republic, if you can keep it.")
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To: Reno89519
Yep, trust Giuliani to undermine the case, saying there was no fraud.

I have no clue why Trump hired him. Putting a guy in a courtroom in a high stakes case who hasn't been in a courtroom in 40 years seems like maybe a bad idea?

15 posted on 11/27/2020 10:01:23 AM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: Reno89519

Yes Rudy is to blame for all of this..

That fantastic speech in front of the legislature is getting them to act like they are in control of the 20 electoral votes and not have this thing certified yet.

But don’t let facts get in the way of your disliking someone.

Have a good day


16 posted on 11/27/2020 10:01:53 AM PST by dp0622 (Tried a coup, a fake tax story, tramp slander, Russia nonsense, impeachment and a virus. They lost.)
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To: Alter Kaker

There is no such thing as Justice. Now it’s Just Us.


17 posted on 11/27/2020 10:02:10 AM PST by Kickass Conservative (Don't blame me, I Voted for the Guy who actually Won the Election.)
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To: Reno89519

He is operating a Clown Show

Every day in almost every way I wish there was a team on the ground the likes of which George Bush put together

I will always believe Bannon would have been ready. I will always blame Kushner and Ivanka for this monumental screw up


18 posted on 11/27/2020 10:02:59 AM PST by RummyChick (I blame Kushner.)
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To: Alter Kaker

This is ALL according to plan. It is SCOTUS where they want this all to end up as expediently as possible.


19 posted on 11/27/2020 10:03:01 AM PST by Bellagio
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To: Alter Kaker
Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too

Isn't allowing these ballots that were fraudulent or arrived after the statuary law stated time disenfranchising the majority of voters that cast their ballots legitimately, on time and with all of the legal checks and validations?

20 posted on 11/27/2020 10:03:32 AM PST by frogjerk
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