“Voters, not lawyers, elect the president,” the court writes.
The U.S. Third District Court dismissed the Trump campaign appeal in a federal lawsuit filed in the state of Pennsylvania challenging the outcome of the 2020 election and dismissed the application with a blistering opinion written by a Trump-appointed judge, stating, “Voters, no the lawyers elect the president. “
“Free, fair elections are the lifeblood of our democracy,” said the unanimous opinion of the three-judge panel, signed by Judge Stephanos Bibas. “The allegations of injustice are serious. But calling the election unjust does not do that yet. The allegations require concrete allegations and then evidence. None of us here.”
“Voters, not lawyers, elect the president,” the court writes. “The ballot papers, not the prospectuses, decide the election.”
On more than 21 pages, the opinion separates the case brought by campaign lawyers Rudy Giuliani and Jenna Ellis Trump, stating in one case empty: “The campaign’s claims have no merit.”
The court found that the number of ballots attempted by the Trump campaign was well below the roughly 81,000-vote victory difference, and most of the allegations revolve around issues of state law, not federal law, that have already been resolved in state court.
“And he never claims fraud or that illegal voters cast their votes,” the court says. “Plus, throwing away millions of mail would be drastic and unprecedented if they separated a huge selection of voters and overturned all ballots as well. This remedy would be grossly disproportionate to the procedural challenges raised.”
Ellis tweeted in response to a decision he said spoke on his own behalf and Giuliani’s, saying that “the Pennsylvania activist judicial machinery continues to cover up allegations of massive fraud.”
– Go to SCOTUS! he wrote, referring earlier to his desire to take the campaign case to the US Supreme Court.
The opinion came when the president’s ally, Attorney Sidney Powell, filed a new legal complaint about a widespread electoral fraud conspiracy – also with little evidence – in a Georgian federal court. Trump continued to reiterate these statements both on social media and in public speeches this week, including at a Republican meeting organized by Pennsylvania state lawmakers on Wednesday.
The Third District Court, which hears appeals from the federal cases of Pennsylvania, Delaware and New Jersey, has given a striking rebuke to the arguments that Giuliani, Ellis and Trump themselves presented at that meeting, including the idea that the Trump campaign his researchers were denied. the possibility to closely monitor the processing of postal items.
“No federal law prescribes poll observers or specifies where they should live or how close they may be to counting votes. Federal laws do not regulate whether to count minor erroneous votes or leave to help voters cure these mistakes “. “These are all matters of state law, not the ones we can hear. And previous lawsuits have rejected these allegations.”
Michael Gwin, a spokesman for Biden’s campaign, described the legal efforts to combat the campaign as desperate and embarrassingly unworthy.
“Donald Trump, Rudy Giuliani and their denied allegations of voter fraud were dismissed by another court, this time one of Trump’s own judicial appellants refuted the president’s allegations and found that they had ‘no merit’ and no evidence,” Gwin said. end and Donald Trump lost both Pennsylvania and nationally. “
In the opinion, the Federal Court of Appeal clarifies the finding that the President’s repeated allegations of fraud are not supported by evidence.
“The campaign is discriminatory. However, alchemy cannot turn lead into gold,” the opinion concludes. “If something is called discrimination, it doesn’t do it yet.”