President Donald Trump’s lawyer for Wednesday’s campaign revealed that the campaign could rely on the deduction of a complex – and probably never seen – legal and legislative trick to undo President Joe Biden’s victory in Pennsylvania and possibly other states.
This far-reaching strategy requires the federal court to invalidate the certification of Pennsylvania’s election results and then agree to the State Assembly to send Trump’s voters to the Electoral College.
The idea is buried in a footnote to a three-page letter written by campaign lawyer Marc Scaring to the U.S. Court of Appeals for District 3.
The Trump campaign is asking the appellate court to look into its offer to block the effect of Tuesday’s justification for Biden’s victory in Pennsylvania.
This state has 20 votes in the Electoral College. Excluding any judicial or legislative intervention, Biden will receive these votes, which, along with several other states, gave him 36 more voter votes than he would need to hold the presidency. The Electoral College is expected on December 14.
According to Scaring’s letter, U.S. courts could overturn the justification for Pennsylvania’s election, thereby invalidating the findings of these findings, which, according to his writer, Governor Tom Wolf allegedly “issued” on Tuesday.
There is no allegation that Wolf established the verified election results that the governor announced in a tweet that day.
Scaring’s footnote continued, “Moreover, the Pennsylvania General Assembly has the power to appoint presidential voters for the Commonwealth.”
“The decision of the district court that President Trump won the legal votes could have a significant impact on the General Assembly,” the lawyer wrote.
Scaring’s letter explicitly details the strategy the Trump campaign has been referring to for weeks since Biden was projected to be the winner of the national election.
The goal of this strategy is to meet enough successful legal challenges in a state sufficient for Biden’s victory to undo that victory, or, if necessary, obtain sufficient republican-controlled state legislation to override Biden’s referendum victory and send Trump’s constituents to the Electoral College.
As part of this strategy, Trump’s campaign lawyers have repeatedly alleged widespread voting fraud. But no evidence of such fraud was provided.
And the campaign and its allies have repeatedly lost or withdrawn court cases that would achieve this goal through lawsuits.
Last week, GOP leaders in the Michigan legislature made it clear after a meeting in the White House in Trump that they would not destroy their state’s certification of the voting results.
Days later, Michigan confirmed that Biden had won a state with 16 voter votes.
Nonetheless, according to the Trump campaign, he hopes the U.S. Supreme Court, which has three judges appointed by Trump, will eventually hear his claims.
The appeal was filed in Pennsylvania after the Trump campaign suffered a significant loss in U.S. U.S. District Court.
Federal Judge Matthew Brann on Saturday rejected the campaign’s efforts to prevent Pennsylvania’s millions of voters from being qualified.
In his torturous opinion, Brann called the campaign’s allegations “without merit” and stated that Trump’s legal team, led by former New York Mayor Rudy Giuliani, did not present “coercive legal arguments and facts about factual proof of rampant corruption” in public postal mail.
In their appeal, the Trump campaign did not seek the revocation of Brann’s verdict.
Instead, the campaign asked Circuit 3 to allow the campaign to file an amended version of its legal complaint to “restore accidentally canceled claims” from an earlier version.
Brann’s decision, in effect, rejected a request to supplement a number of allegations that the Trump campaign had previously withdrawn from its own lawsuit.
These included allegations that Pennsylvania election officials prevented Trump’s supporters from observing the count of postal votes.
“More than 70 million Americans voted for President Donald J. Trump,” Scaring said in a letter. “The allegations made by the campaign must be examined on their merits and must not be rejected on the grounds of alleged procedural irregularities.”
Wednesday’s letter to Scaringi also asked for Circuit 3 to allow Giuliani to argue the appeal orally.
Giuliani is currently not taking an argument in that court and “was unable to obtain the necessary evidence due to complications with Covid-19 with New York government agencies,” Scaringi wrote.
Lawyers for the National Democratic Commission, one of the many parties that joined the appeal against the Trump campaign, did not respond immediately to CNBC’s comments on Scaring’s letter.
But Biden scoffed in Tuesday’s campaign that the Trump campaign refused to admit the president had lost.
“It ‘s obvious to everyone, Donald Trumpon, Rudy Giuliani and [campaign senior legal advisor] Jenna Ellis, that election is over and Joe Biden has been staggeringly won, ”said Bob Bauer, senior legal counsel for the Biden campaign.
“Trump did everything he could to eliminate voter disenfranchisement and prevent the results from being validated in the state of Pennsylvania, including filing more than 15 unsuccessful lawsuits – most recently producing one of the most embarrassing courtroom performances of all time, the judge ruled that their arguments were ‘without merit.’ and “was not supported by evidence,” Bauer said.
“Trump has failed in Pennsylvania and will not succeed elsewhere. Trump’s lawsuits continue to fail as there have been more than 30 cases since election day, states continue to prove their results and Joe Biden swears in to the president. January 20, 2021 on. “