The Trump campaign wants to go further by challenging the election results in Pennsylvania and says it can do so nonetheless, even though the counties are already proving their results.
In a letter to the Third District Court of Appeals on Wednesday, Marc Scaringi, a campaign lawyer for Trump, asked for oral arguments as the campaign fought to dismiss the lower court case and outlined his current approach.
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“[F]the courts of first instance may order the annulment of the election result, which, as the plaintiffs can explain, would invalidate Governor Wolf’s alleged certificate of proof, ”Scaringi wrote. “In addition, the Pennsylvania General Assembly has the power to appoint Commonwealth presidential voters,” he continued, noting that if a federal court finds that Trump received a majority of the votes cast legally, it could “have a significant impact on the General Assembly.”
The lower court dismissed the campaign case and refused them to file a second amended complaint based on unreasonable delay. The campaign moved to file a complaint two days after a previous amended complaint removed key allegations that were originally made in connection with the statements of poll observers and that the counting process was not properly followed.
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In a footnote to the letter, Scaringi explained that these claims, which were based on allegations that more than 680,000 ballot papers had been reported without proper scrutiny, were abandoned because of “confusion” after other lawyers withdrew from the case. He said the law firm of Porter Wright “due to threats, including economic retaliation,” attorney Linda Kerns left after he was verbally harassed by former opponents.
Scaringi said that after these and while dealing with the tight schedule, he was “confused by the filing of the amended complaint, which incorrectly withdrew certain allegations and claims.”
He also seemed confused after the amended complaint was lodged. After the Washington Post and Politico reported that the complaint dropped the allegations, attorney Rudy Giuliani Trump accused reporters of failing to read the complaint, noting that it still relates to the allegedly unregulated 680,777 ballots. Although the amended complaint referred to these ballot papers early on, the counting list and the request for relief did not contain any reference to them or to the poll.
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Instead, it sought only to prevent verification of election results, which included the counting of ballots allegedly “allowed to be cured improperly.” This is a reference to allegations that in some counties, voters who cast invalid mail were notified before election day so that they could cast temporary votes instead, despite the fact that ballots should not be processed before election day under state law.
Scaringi’s letter also asked for Giuliani to be allowed to appear in court despite any oral argument, despite not being able to process the necessary papers due to complications with New York government agencies as a result of the coronavirus epidemic.