Trump campaign urges appeals court to block Biden from winning
Pennsylvania
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[November 24, 2020]
By Makini Brice and Jonathan Stempel
WASHINGTON (Reuters) - President Donald
Trump's campaign on Monday asked a federal appeals court to revive a
long-shot challenge to Pennsylvania's election results, a central part
of its effort to stop President-elect Joe Biden's inauguration.
The campaign is appealing a scathing decision on Saturday from a lower
court judge who rejected its claims of widespread problems with mail-in
ballots in Pennsylvania.
In a filing with the 3rd U.S. Circuit Court of Appeals in Philadelphia,
the campaign said it never got a chance to litigate its "serious and
well-founded claims" that Democratic officials schemed to ensure Biden's
victory by counting potentially tens of thousands of defective mail
ballots.
The campaign said U.S. District Judge Matthew Brann should review
additional allegations it had dropped from the case but wanted to
restore.
It also said if it cannot prevent Pennsylvania's vote from being
certified, the state's Republican-led legislature should choose the
state's electors.
Biden, a Democrat, won Pennsylvania with about 81,000 more votes than
Trump, a Republican.
Even if Trump were ultimately awarded Pennsylvania's 20 electoral votes,
he would still need to capture electoral votes in at least two other
states that Biden won to claim a second term.
The Trump campaign's appeal is on a fast track.
Pennsylvania Secretary of State Kathy Boockvar, a Democrat responsible
for certifying the state's election results, has until Tuesday afternoon
to respond to the campaign's filing.
If the campaign loses its appeal, it could ask the U.S. Supreme Court to
review the case.
Pennsylvania counties faced a Monday deadline to deliver election
results to Boockvar for certification, though some may miss the target.
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Former New York City Mayor Rudy Giuliani, personal attorney to U.S.
President Donald Trump, gestures after media announced that
Democratic U.S. presidential nominee Joe Biden has won the 2020 U.S.
presidential election, in, Philadelphia, Pennsylvania, U.S.,
November 7, 2020. REUTERS/Eduardo Munoz/File Photo
In his decision on Saturday, Brann said the Trump campaign's case
was based on "strained legal arguments" and that he had "no
authority to take away the right to vote of even a single person,
let alone millions of citizens."
The judge refused to let the campaign add claims to its case,
including that its due process rights were violated.
Monday's appeal is focused on the narrow question of whether Brann
improperly refused to let the campaign amend its lawsuit a second
time.
In its filing, Trump's campaign denied trying to disenfranchise
Pennsylvania's roughly 6.8 million voters.
It said it wanted an expert to "sample" the 1.5 million mail
ballots, figure out how many overall were defective and have those
"deducted from Biden's votes, which may change the result of the
election."
The campaign did not say that defective ballots favoring Trump
should also be ignored.
"Certification by state officials is simply a procedural step,"
Jenna Ellis, a lawyer advising the campaign, said in a statement
late on Monday. "Americans must be assured that the final results
are fair and legitimate."
Time is running out for Trump. States have until Dec. 8 to meet a
"safe harbor" deadline for resolving election disputes and choosing
electors, who will convene six days later when the Electoral College
formally chooses the next president.
(Reporting by Makini Brice and Jonathan Stempel; Additional
reporting by Jan Wolfe; Editing by Noeleen Walder, Tom Brown, Peter
Cooney and Cynthia Osterman)
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