The three-judge panel of the Third District Court of Appeal rejected the Trump campaign, led by Rudy Giuliani, to amend a previously dismissed lawsuit.
“The campaign never claims that any vote was cast fraudulently or by an illegal voter,” Judge Stephanos Bibas, Trump’s appointee, wrote to the panel. “He never claims that any of the defendants treated the Trump campaign or his votes worse than the Biden campaign or his votes. Called some form of discrimination, however, that does not do so. The second amended complaint still suffers from these fundamental errors, so the amendment authorization would have been in vain. “
“The allegations of injustice are serious. But calling the election unfair does not do so. The allegations require concrete allegations and then evidence. None of us here,” the judges added.
“The campaign’s claims have no merit. The number of ballot papers it specifically distributes is far less than the roughly 81,000 votes difference. And it never claims to be fraud or that illegal voters cast their votes. Plus, it throws out millions of letters “the ballot papers would be drastic and unprecedented, they would select a huge constituency and overturn all ballot papers. This remedy would be grossly disproportionate to the procedural challenges raised,” the judges wrote.
Mike Gwin, a spokesman for the Biden campaign, said the federal appeals court ruled that “this election is over and Donald Trump has lost” and argued that “unworthy lawsuits” would not change the outcome.
“Desperate and embarrassingly unworthy lawsuits like this will continue to fail and not change the fact that Joe Biden will take the oath of office on January 20, 2021,” Gwin added.
Jenna Ellis, a lawyer for Trump’s campaign, said on Twitter after the decision that “the Pennsylvania activist judicial machinery continues to cover up allegations of massive fraud,” and promised to take the matter to the Supreme Court.
Brann compared it to “Frankenstein’s monster … randomly linked” and, in a complaint full of “forced legal arguments and speculative accusations,” tricked a request for the disenfranchisement of nearly seven million voters.
The appellate court referred to the Trump campaign’s repeated attempts to change the lawsuit and praised Brann’s case. State and local election officials said there was no evidence of widespread voter fraud, and both the federal court and the Pennsylvania Supreme Court dismissed lawsuits designed to prevent the state from verifying the election results.
“We commend the district court for its prompt and fair, patient handling of the lawsuit,” the board wrote.
This story has been updated with further enhancements.
CNN’s Arlette Saenz contributed to the report.