New: The Trump campaign filed a three-page letter in the 3rd Circuit this morning...

[Nevilledog]

Link to tweet

Tweet text:
Zoe Tillman
@ZoeTillman
New: The Trump campaign filed a three-page letter in the 3rd Circuit this morning requesting oral argument in its big case trying to undo Biden's win in PA: https://assets.documentcloud.org/documents/7332747/11-25-20-Trump-Campaign-Letter-3rd-Circuit.pdf…

There is a lot to unpack here, too much for one tweet, so bear with me
Image
Image

Unrolled thread here
https://threadreaderapp.com/thread/1331611864103575555.html

New: The Trump campaign filed a three-page letter in the 3rd Circuit this morning requesting oral argument in its big case trying to undo Biden's win in PA: assets.documentcloud.org/documents/7332…

There is a lot to unpack here, too much for one tweet, so bear with me
Image
Image
Image

The 3rd Circuit doesn't let lawyers who aren't members of the court's bar to appear unless they're pro bono. Trump's legal team still asks to let Rudy Giuliani argue, saying he hasn't been able to get the "necessary certifications due to Covid-19 complications"
Image

Trump's lawyers write that given how many people voted for him, the claims "should be heard on the merits" — but recall this case is not up on appeal about the merits. The campaign is asking for emergency review of the judge denying its request to file a 2nd amended complaint
Image

They contend oral argument would be helpful to address issues raised by PA, the DNC, and other parties in briefs filed yesterday, which they then touch on in a set of footnotes
Image

The first footnote argues there was no undue delay in filing the 2nd amended complaint b/c given the shifting makeup of the campaign's legal team, there was "confusion" that led to the filing of the 1st amended complaint, which removed sections and a number of counts
Image

Recall the 1st amended complaint was filed after the 3rd Circuit ruled in another election-related case, Bognet, and that opinion significantly undercut the campaign's theory of standing, which Giuliani acknowledged during arguments before the district court

Footnote #4 argues the case isn't moot now that PA has certified the election results, even though the relief sought in the 1AC is to stop certification from happening (the 2AC that they want to pursue alternatively asks for the state legislature to choose electors)
Image

They write that the certification of election results was "allegedly issued" by PA Gov. Wolf, but the state did, in fact, certify the results. They also contend that results can be "decertified" by the courts, but recall that is not relief that they request in the complaint

Generally speaking, once a case is up on appeal, you cannot start introducing new evidence/claims — the appellate judges are reviewing the record from below. Trump's lawyers note the district court didn't address the question of decertifying election results

So, now we wait to see what the 3rd Circuit does. On Monday when it set the briefing schedule, the court had only said it would "advise if oral argument desired"
Image
• • •

[lagomorph777]

1. This will go nowhere. It's just Trump, wanting to lose and lose and lose.

Which is why he's such a loser.

[brooklynite]

2. Marc Scaringi -- "Your Full Service Law Firm" -- is the talk show host guy who said...

Trump’s new Pennsylvania lawyer once said that lawsuits ‘will not reverse this election’

Moments after the presidential race was called for Joe Biden, Marc A. Scaringi took to his talk radio show to question President Trump’s dubious legal campaign to challenge the election results in various swing states.

“At the end of the day, in my view, the litigation will not work,” the Harrisburg, Pa., lawyer said Nov. 7 on iHeartRadio. “It will not reverse this election.”

Barely a week later, Scaringi is playing a key role in one piece of that litigation, representing the Trump campaign in what may be its last stand in Pennsylvania — an unlikely lawsuit intended to block the Keystone State from certifying its election results.

Amid intensifying scrutiny, a growing number of Trump campaign attorneys have in recent weeks pulled out of election lawsuits that critics say are peddling unfounded allegations of voter fraud.

https://www.washingtonpost.com/nation/2020/11/17/pennsylvania-trump-biden-election-scaringi/

[Nevilledog]

6. ....

[crickets]

10. He turned on a dime, didn't he? nt

[regnaD kciN]

12. Up here in Seattle...

...the University of Washington has started using lawyers instead of rats in their lab research, for three reasons:

1) There are more lawyers than rats in the greater Seattle area.

2) Lab workers tend to get less emotionally attached to lawyers.

3) There are some things even a rat won’t do.

[highplainsdem]

3. Longest "dog ate my homework" excuse ever.

[bluestarone]

4. Really i have no doubt in my mind that RUMP believes the SC will save him.

I even would bet that it was DISCUSSED at some point with Barrett!

[stillcool]

11. me too...feels like the Court is a time bomb

[beachbumbob]

5. QAnon inspired conspiracies is not evidence and will be strongly dismissed with prejudice AND

perhaps contempt of courts charges against ALL the lawyers attached to it

the Justice system sickens after 100 attempts to circumvent an election outcome

[jmg257]

7. Also good - right below... {is} the denial of Wood TRO motion actually appealable?..

Link to tweet

/photo/1

the 11th Circuit has asked Wood to explain if the denial of his TRO motion is actually appealable, and if the case is moot

[Nevilledog]

8. That's the GA case. FYI it's never good for you if the Court wants to know if the issue is moot

[AmericanCanuck]

9. They must have paid Scaringi a lot of money

Attorneys willing to volunteer as lambs to slaughter don't come cheap.

[Maru Kitteh]

13. LOL. I think Scaringi Law needs A BIGGER LOGO