By Maryclaire Dale
President Donald Trump’s legal team suffered yet another defeat in court Friday as a federal appeals court in Philadelphia roundly rejected the campaign's latest effort to challenge the state’s election results.
Trump’s lawyers vowed to appeal to the Supreme Court despite the judges' assessment that the “campaign’s claims have no merit.”
“Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here,” 3rd Circuit Judge Stephanos Bibas wrote for the three-judge panel.
The case had been argued last week in a lower court by Trump lawyer Rudy Giuliani, who insisted during five hours of oral arguments that the 2020 presidential election had been marred by widespread fraud in Pennsylvania. However, Giuliani failed to offer any tangible proof of that in court.
U.S. District Judge Matthew Brann had said the campaign's error-filled complaint, “like Frankenstein’s Monster, has been haphazardly stitched together” and denied Giuliani the right to amend it for a second time.
The 3rd U.S. Circuit Court of Appeals called that decision justified. The three judges on the panel were all appointed by Republican presidents. including Bibas, a former University of Pennsylvania law professor appointed by Trump. Trump’s sister, Judge Maryanne Trump Barry, sat on the court for 20 years, retiring in 2019.
“Voters, not lawyers, choose the president. Ballots, not briefs, decide elections,” Bibas said in the opinion, which also denied the campaign's request to stop the state from certifying its results, a demand he called “breathtaking.”
In fact, Pennsylvania officials had certified their vote count Monday for President-elect Joe Biden, who defeated Trump by more than 80,000 votes in the state. Nationally, Biden and running mate Kamala Harris garnered nearly 80 million votes, a record in U.S. presidential elections.
Trump has said he hopes the Supreme Court will intervene in the race as it did in 2000 when its decision to stop the recount in Florida gave the election to Republican George W. Bush. On Nov. 5, as the vote count continued, Trump posted a tweet saying the “U.S. Supreme Court should decide!”
Ever since, Trump and his surrogates have attacked the election as flawed and filed a flurry of lawsuits to try to block the results in six battleground states. But they’ve found little sympathy from judges, nearly all of whom dismissed their complaints about the security of mail-in ballots, which millions of people used to vote from home during the COVID-19 pandemic.
Trump perhaps hopes a Supreme Court he helped steer toward a conservative 6-3 majority would be more open to his pleas, especially since the high court upheld Pennsylvania’s decision to accept mail-in ballots through Nov. 6 by only a 4-4 vote last month. Since then, Trump nominee Amy Coney Barrett has joined the court.
“The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud,” Trump lawyer Jenna Ellis tweeted after Friday's ruling. “On to SCOTUS!”
In the case before Brann, the Trump campaign asked to disenfranchise the state’s 6.8 million voters, or at least the 700,000 who voted by mail in Philadelphia, Pittsburgh, and other Democratic-leaning areas.
“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,” Brann wrote in his scathing ruling on Nov. 21. “That has not happened.”
A separate Republican challenge that reached the Pennsylvania Supreme Court this week seeks to stop the state from further certifying any races on the ballot. Democratic Gov. Tom Wolf’s administration is fighting that effort, saying it would prevent the state’s legislature and congressional delegation from being seated in the coming weeks.
On Thursday, Trump said the Nov. 3 election was still far from over. Yet he offered the clearest signal to date that he would leave the White House peaceably on Jan. 20 if the Electoral College formalizes Biden’s win.
“Certainly I will. But you know that,” Trump said at the White House, taking questions from reporters for the first time since Election Day.
On Friday, however, he continued to baselessly attack Detroit, Atlanta and other Democratic cities with large Black populations as the source of “massive voter fraud.” And he claimed, without evidence, that a Pennsylvania poll watcher had uncovered computer memory drives that “gave Biden 50,000 votes” apiece.
All 50 states must certify their results before the Electoral College meets on Dec. 14, and any challenge to the results must be resolved by Dec. 8. Biden won both the Electoral College and popular vote by wide margins.
Updated on November 27, 2020, at 2:41 p.m. ET with the latest information.
President Donald Trump and Russian President Vladimir Putin started their heavily scrutinized one-on-one meeting in Helsinki, Finland, on Monday. "[Putin] has been in power for a very long time, almost 20 years now, he is a former KGB officer, and he's not interested in playing nice," says Natalia Antonova, former editor of The Moscow News. The meeting comes just days after the U.S. Justice Department indicted 12 Russian military officers for trying to influence the 2016 presidential election. Before the meeting, Trump described the federal investigation as a "Rigged Witch Hunt!"
While the Trump baby blimp flew over London, tempers flared on the streets. Many of the same passions that help fuel Donald Trump's popularity in the U.S. are very much alive and well in the UK.
Special Counsel Robert Mueller's move Friday was the first time the probe has targeted the Russian government. The Russian-orchestrated conspiracy didn't, however, influence vote counts, says Deputy Attorney General Rod Rosenstein.
The president denied that he criticized British Prime Minister Theresa May's handling of Brexit in an interview with The Sun newspaper, calling it "fake news." His comments come just a day after The Sun posted its recorded interview online. Trump and May held a joint press conference on Friday where they both confirmed that the UK and the U.S. would strike up a special trade deal after Brexit.
These are the headlines you Need2Know:
*President Trump is in England preparing for a joint news conference with Theresa May. While the duo dined last night, The Sun newspaper published a sit-down interview with the president where he criticized May’s handling of Brexit. Trump warned trade deals with England could be nixed if Brexit isn’t handled properly.
*FBI agent Peter Strzok was removed from working on the Hillary Clinton email probe and the Trump-Russia investigation after text messages were discovered in which he criticized the president.
*Stormy Daniels made an encore appearance at the same strip club she was arrested at the night prior.
*A Kansas City water park will not reopen after a 10-year-old boy died on a water slide.
*Serena Williams beat Julia Görges of Germany yesterday to reach her 10th Wimbledon final.
Cheddar Big News's Jill Wagner gives us the details.
President Trump, on his last day at the NATO summit in Brussels, declared that other members of the alliance had agreed to increase defense spending. Minutes later, however, French president Emmanuel Macron disputed those claims, saying that all members had committed to the previous spending target. Trump is now in London for his first visit to the British capital since winning the White House.
These are the headlines you Need2Know:
* Confusion at the NATO summit after President Trump said allies will add billions of dollars to defense spending. But French president Emmanuel Macron rebuffed those claims.
* Stormy Daniels was arrested after an alleged misdemeanor at a Columbus, Ohio, strip club. Her lawyer, Michael Avenatti, has also been working to reunite families at the southern border.
* The U.S. Senate voted yesterday on a non-binding resolution giving it a say on what tariffs are levied and against whom.
* New evidence prompted the Department of Justice reopened the case of Emmett Till, a 14-year-old boy who was killed in 1955 in Money, Miss.
* John Schnatter, founder and former CEO of Papa John’s, has resigned his chairman role after a racially-charged comment on a conference call.
* Americans made it to both the men’s and women’s Wimbledon semifinals, the first time since 2009.
Cheddar Big News' Jill Wagner tells us the latest.
President Donald Trump's aggressive stance at the two-day NATO summit in Brussels, on top of his antagonizing trade policies, have "brought the transatlantic alliance to the lowest point,” says Joshua Meltzer, senior fellow of global economy and development at the Brookings Institute.
Stocks dipped today after the White House threatened to impose a new set of tariffs on China on $200 billion worth of goods. However, Kate Warne, investment strategist at Edward Jones, says this could be an opportunity for investors. "Put money to work today."
These are the headlines you Need2Know:
The NATO Summit got off to a heated start as President Trump already criticized member countries for not paying their fair share of defense spending.
The Trump administration also missed its promised deadline to reunite dozens of migrant families.
A natural gas leak in Sun Prairie, Wisc., turned deadly when an explosion erupted for several hours.
Brett Kavanaugh, the president's pick for the open Supreme Court seat, met on Capitol Hill with the vice president and senators yesterday.
The NFL Players Association is challenging the anti-kneeling policy, which requires players to remain in the locker room if they choose to protest the national anthem.
Hurricane Chris makes its way up the East Coast, but shouldn't make a major impact on land.
Cheddar Big News' Jill Wagner gives us the details.
