Trump’s Pennsylvania law suit thrown out of court.

From the opinion . . .

“In this action, the Trump Campaign and the Individual Plaintiffs
(collectively, the “Plaintiffs”) seek to discard millions of votes legally cast by
Pennsylvanians from all corners – from Greene County to Pike County, and everywhere in between. In other words, Plaintiffs ask this Court to disenfranchise almost seven million voters. This Court has been unable to find any case in which a plaintiff has sought such a drastic remedy in the contest of an election, in terms of the sheer volume of votes asked to be invalidated. One might expect that when seeking such a startling outcome, a plaintiff would come formidably armed with compelling legal arguments and factual proof of rampant corruption, such that this Court would have no option but to regrettably grant the proposed injunctive relief despite the impact it would have on such a large group of citizens.

That has not happened. Instead, this Court has been presented with strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence. In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state. Our people, laws, and institutions demand more. At bottom, Plaintiffs have failed to meet their burden to state a claim upon which
relief may be granted.

Therefore, I grant Defendants’ motions and dismiss Plaintiffs’ action with prejudice.”

50 thoughts on “Trump’s Pennsylvania law suit thrown out of court.

        1. I suppose it is an antibody by definition and intent, but is it an antibody by body function?
          Nevertheless, a novel approach and use. What’s that kung fu thing about using the enemy’s strength against them?

          Liked by 1 person

          1. There are a lot of innovative ideas coming out of the race to stop COVID. In the long run, a lot of new techniques of use for other viruses and cancer my become the bright side of the COVID pandemic. Much as the efforts to control HIV did over the last decade.

            Like

        2. I only have one question about the vaccines. What if it is improperly stored? Hopefully, it’s inert. But I also assume it’s warmed prior to use. Not sure I want to risk the fate of the Medusa, even if is just in one arm. It is the arm, right? Some people already call me a hard ass.

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          1. Yes it is thawed prior to use.

            I will be packaged with enough dry ice in an insulated container for it to keep at Walgreens for over a week and they will thaw as needed.

            Like

    1. A step closer to SCOTUS.

      Even if it doesn’t change the election outcome, this is an issue that needs to be litigated in order to rein in executive branch overreach at the State level.

      There are many other problems like that that need to be followed through and before the GA Senate runoffs.

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      1. Don’t hold your breath.

        And you should read the Judge’s opinion where you will learn about the MANY factual, logical and legal flaws in this case. Even if there were a real issue of “executive branch overreach” (this judge did not seem to think so), this flawed case is not the kind of hot mess that SCOTUS would use to take on such an issue.

        https://www.washingtonpost.com/context/read-the-opinion-federal-judge-dismisses-trump-campaign-lawsuit-in-pennsylvania/2afd3821-220b-4596-b172-aaa1d3ab63a5/?itid=lk_inline_manual_5

        Liked by 1 person

        1. If you noted in the grounds for the planned appeals, the judge did not permit the plaintiffs to submit the evidence he claims was lacking.

          But do you really intend to support handling ballots differently in Democrat and Republican controlled counties?

          Do you support allowing party officials to “cure” defective ballots when the law specifically states that only the voter can do that?

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          1. No, I do not support handling ballots differently. In every jurisdiction every effort should be made to “cure” and count every citizen’s vote. But that is beside the point. The Judge found that there was nothing done by the Secretary of State (or in state law) that required a program of “cures” or forbade one in any county. It was left up to the county officials.

            As for “submitting evidence”, what evidence? Cite?

            “Party officials” curing defective ballots was not an issue in this case. IF it was done and IF it is against the law then those votes should not be counted. IMHO.

            Liked by 1 person

          2. “It was left up to the county officials.”

            That is the point. The Sect of State gave local officials “permission” to violate the Constitution by not following the law as passed by the legislature, which has sole authority to set the rules for the election. The local officials have no such power and the Sect of State has no authority to empower them.

            How would you not count those votes? Once the envelope with the ‘cured’ information or signature is mixed in with the rest of the mail in ballots to be processed, how do you extract it?

            The article does not state the evidence that was not admitted, it just states that was one of the grounds for appeal. If you can get a copy of he appeal, I’m sure it will be in there.

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          3. “That is the point.”

            Apparently there is nothing in the state law with regard to curing of defective ballots or even what IS a defective ballot. It is NOT unusual not unconstitutional for the people administering any law to make administrative decisions where the law in question is silent.

            Your reading of the Constitution is far too literal. When referring to the “Legislature” of the states the Constitution was clearly referring to the political processes in each state. Voting laws are not a special class of legislation that do not require the governor’s approval (or over-ridden veto) or which are immune to the rulings of the state’s courts.

            Liked by 1 person

          4. So, you’re saying that the Framers of the Constitution did not understand the word “legislature” is not the same as “government?”

            You’re reading what you want to see, not the clear language written by very careful men.

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          5. Here is a pretty clear description of the electoral process and why the legislators cannot really take over the selection of electors. The bottom line is that each state has laws that say the voters will decide the winner of the states’ electoral votes. Local counties shall determine how certification is done. And, of course, the governors sign off on the final ascertainment of the electors.

            https://www.politico.com/news/2020/11/19/how-electoral-college-works-437749?fbclid=IwAR1jUzW5hUKbgG5HMu-oboMcIZhuwGc2ilbfcD-e9zfi7mdFZuiqTHUcOiI

            Trumps strategy is to circumvent the laws by creating confusion and chaos. It is not a legal matter but rather a criminal interference into what the Constitution has assigned to the states.

            He is trying to use the courts like Roy Cohn taught him. Not for justice, but for time and money and getting the “right” judge. Well he may not run out of money…yet. And the Democrats are pretty well funded and have good attorneys. Judges have been both liberal and conservative. So what is left is time. And as deadlines arise, most within a week or two, overturning elections will be closed out.

            Meanwhile, we have no president at all. He has abrogated his duties and responsibilities for which he swore an oath to uphold.

            Another felony, for that matter.

            Liked by 2 people

          6. Really? Like he promised 4 years ago? Now he tweets the order without any plan and since not all the troops come out, the rest are in greater danger.

            He is rushing to do the things he should have been working on instead of golfing, go to rallies, tweeting…

            He should have pushed Congress for the COVID relief bill. He is the world’s top negotiator after all. Instead, Biden is going to have to start from day one. And you forget that evictions, foreclosures, debts, etc are going to crush us until the vaccine is universal.

            There are states struggling to get supplies. He doesn’t even acknowledge that we have a pandemic.

            He didn’t bother to attend the virtual G-20 after a short howdy folks. Then off to the golf course.

            He did say Sidney Powell was a member of his legal time a week ago. Lots of praise.

            Today, she never was on the team.

            So there is that, at least.

            Liked by 2 people

        2. The point, of course, is that A LOT of what was written in the Constitution is FAR from clear. For example, what, exactly, is a “well-regulated militia?”

          In this context, name one state whose election laws were passed by the Legislature and did not require the signature of the governor to become law. And name which state’s election laws are immune to the judgments of the state’s courts.

          Liked by 2 people

      2. SCOTUS has no grounds to review any of the cases brought in state courts. Certiori should be denied and the results of the state decisions stand. PERIOD.

        If they do take up the cases, it would be a treasonous act and unconstitutional on its face.

        Besides, none of the changes can affect the current election, according to SEVERAL election lawyers, from both sides of the political divide.

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  1. Here is the irony in my view.

    There is only one reason most Republicans are reticent to criticize these crazy and irresponsible actions by Trump, especially since he has decided to bully state legislators in addition to filing bogus suits.

    They fear the president. That is a terrible sign for our country. Presidents in our nation should be respected when they deserve it, but never, ever feared. That is what dictators want, and get.

    So the fear factor is in play.

    And the fear is that the president will rely on his fans to vote them out of office.

    VOTE them out via democratic elections.

    Which is the process Trump is trying undermine through baseless suits, delays, lies, conspiracies and now threats to state houses to overturn the election results just because he says so.

    Alice in Wonderland tea party looks like a stamp club meeting compared to the political kaleidoscope the Trump family is trying to sell.

    And some wonder why I call Trump a traitor. He is not upholding the Constitution by his actions, particularly this attempt to extort compliance from state legislators.

    Liked by 4 people

    1. The damage trump is doing in undermining faith in our electoral systems with those who believe his bald-faced lies will be with us for a long time. As I continue to be bewildered by those who defend and believe him I reflect on a Carl Sagan observation that may hold a clue:

      “One of the saddest lessons of history is this: If we’ve been bamboozled long enough, we tend to reject any evidence of the bamboozle. We’re no longer interested in finding out the truth. The bamboozle has captured us. It’s simply too painful to acknowledge, even to ourselves, that we’ve been taken. Once you give a charlatan power over you, you almost never get it back.”

      Liked by 3 people

      1. I think you are late to the party on that.

        What is becoming clear is that in many large cities, the Democrats have been playing tricks with the votes for decades. We have too long accepted that as part of the game.

        There are too many anomalies that have no innocent explanation.

        Even of it is not possible to fix it this time around(the unlawful ballots are unrecoverably mixed with the legitimate votes) it is necessary to expose these practices so they can be prevented in the future.

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        1. You can allege ANYTHING you want if evidence means nothing to you. And, in recent years anyway, it is mainly the Republican dirty tricks that have been caught. Are Democrats that much smarter?

          But, hey, we get it. It is easier for some people to believe that somehow the views of “real Americans” such as themselves have been rejected by nefarious means than to admit that they just plain lost because of their anachronistic ideas.

          Liked by 2 people

        2. “Late to the party” perhaps, but the electoral process that just took place is an improvement on those that came before. It has been and hopefully will continue to be an ongoing process of improvement to fight the corruption that has been rampant by BOTH Parties for most of our history.

          My comment was more philosophical and was addressing the loss of “faith” (the foundation of our democracy) that will be hard to regain.

          Liked by 1 person

          1. The “faith” has already been broken.

            Republicans warned that mail in voting was an invitation to fraud and at least some Democrats accepted the invitation.

            Even one dead vote, or dementia vote, or moved away vote is too many, and there is ample evidence that such votes were harvested en mass.

            Even if we do more more toward early and mail in voting in the future, the abuses that occurred this time cannot be allowed to be repeated.

            Vote harvesting is really no different that someone showing up at the poll with a list of names and telling the poll watchers that these people asked me to come in and vote for them.

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          2. “. . .there is ample evidence that such votes were harvested en mass.”

            Uh, no there isn’t. Evidence you pull out of your ass doesn’t count.

            There MAY have been isolated examples done by operatives of both parties but there is no evidence that it was done “en mass” in THIS election.

            What is PLAINLY evident is the eagerness of Republicans to not count Democratic votes.

            Liked by 1 person

        3. RE: “Even of it is not possible to fix it this time around…it is necessary to expose these practices so they can be prevented in the future.”

          Exactly right. Two of the big lessons learned this cycle are:

          • Voting by mail is bad.
          • Electronic voting is bad.

          The defects of both are likely curable, but as with addiction, one must first admit the problem is real.

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          1. Voting by mail has been available for decades. The military uses it, even Trump uses it.

            Trump denigrated all elections as rigged, even the one he won.

            Now he attempted to extort state legislators since he is not prevailing after filing 36 lawsuits. And he will keep this up to sow discontent and confusion so that he can demand either legislators pick electors or his packed SCOTUS might rule in his favor.

            Extortion, bribery, lies, phony evidence and affidavits that will not hold up in any court. This would put a citizen in prison. But his immunity prevents such until he is gone.

            The man is not just a traitor, he is a common criminal and we should probably treat him as such.

            He should enjoy is petulant sulking as long as he can, because eventually his criminality will catch up to him.

            The man is a disgrace to us, the world and humanity in general. And those who support him are not far behind.

            Liked by 3 people

        4. Do you have any evidence that what you are saying is true?

          Your sister in LA accounts for a couple of votes from elderly voters whom you despise. So lets throw out all the LA votes. Then go right on down the list of red states where we all know the Republicans are cheating like crazy. How the heck do you think Trump won MI, WI and PA by 77K votes in 2016. Rampant vote harvesting and blatant cheating. It has been proven and there is plenty of evidence. Look it up.

          Evidence for that? The two biggest vote harvesting and fraudulent signature gathering were Republican. So all Republican votes nationwide need to be tossed.

          “Even one dead vote, or dementia vote, or moved away vote is too many, and there is ample evidence that such votes were harvested en mass.”

          Really? Where? Any reputable sites other than Q or Infowars?

          If I sound a bit upset it is because I am tired of a con man ignoring us, the pandemic, the economy and all the other responsibilities a real president has to deal with so he can extort, bribe, play games and lie.

          He is a traitor. Pure and simple. Unless of course you agree that upholding our Constitution means extorting state legislators to reverse the will of the people of our nation.

          Liked by 3 people

          1. “Possible fraud such as this is so difficult to discover because only family members like this emailer or whistleblowers like the ones quoted above are in a position to find it.”

            Possible fraud? And for that you want to disenfranchise millions of voters?

            That is just the sort of BS that the judges are ruling on.

            No election is perfect. Mistakes, harvesting by Republicans, some improperly filled in ballots, etc. are always going to happen. And for that we should let legislators pick presidents like we pick bananas at the store?

            Sorry, that is just plain ridiculous.

            Liked by 2 people

  2. I feel for Republicans. I truly do. Polling indicates that 70-some percent of Republicans believe in massive election fraud in the absence of evidence, that Covid-19 is a hoax in the face of piles of bodies, that there is a highly placed government intelligence operative,code name Q, who has evidence of child pornographers and sex slavers in the Democrat party, and that Trump is the most successful businessman ever even with the number of bankruptcies and debt loads. What this means is that whenever 4 Republicans are sitting in a room, one of them is thinking the other 3 are idiots.

    Liked by 5 people

  3. The legal team’s response should be noted:

    Trump campaign statement on Pennsylvania ruling

    “Today’s decision turns out to help us in our strategy to get expeditiously to the U.S. Supreme Court. Although we fully disagree with this opinion, we’re thankful to the Obama-appointed judge for making this anticipated decision quickly, rather than simply trying to run out the clock.

    “We will be seeking an expedited appeal to the Third Circuit. There is so much evidence that in Pennsylvania, Democrats eliminated our opportunity to present 50 witnesses and other evidence that election officials blatantly ignored Pennsylvania’s law denying independent review. This resulted in 682,777 ballots being cast illegally, wittingly or unwittingly. This is just an extension of the Big Tech, Big Media, Corrupt Democrat censorship of damning facts the American public needs to know.

    “We are disappointed we did not at least get the opportunity to present our evidence at a hearing. Unfortunately the censorship continues. We hope that the Third Circuit will be as gracious as Judge Brann in deciding our appeal one way or the other as expeditiously as possible. This is another case that appears to be moving quickly to the United States Supreme Court.”

    Like

        1. Actually, it is not the “legal team that brought the case.” Two earlier groups of lawyers sought and received permission to drop out of the case. It seems they do not want their professional standing further tarnished by this rubbish. Giuliani is the THIRD lead lawyer on this case.

          Liked by 1 person

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