Judge calls Trump request in Wisconsin trial ‘bizarre’

SCOTT BAUER,

AP

December 5, 2020 | 7:41

MADISON, Wisconsin (AP) – A judge who heard the federal trial of President Donald Trump seeking to overturn Democrat Joe Biden’s victory in Wisconsin said on Friday that the president’s demand to “return” the case to the assembly GOP-controlled legislative process to choose new voters was “bizarre.” “

The federal case is one of two cases Trump has in Wisconsin to make similar arguments. He filed another in state court, which the Wisconsin Supreme Court refused to hear on Thursday before going through lower courts first.

Hearings on both lawsuits were scheduled for Thursday, with judges stressing the importance of resolving the legal battles before the constituency meeting on December 14.

Trump, who maintains hundreds of thousands of mail-in votes cast under state guidelines were illegal, wants a federal judge to give the Republican-controlled legislature the power to determine who won the election .

“This is a pretty remarkable declaratory relief request,” US District Judge Brett Ludwig said on a conference call to set a deadline and a hearing date. Ludwig, who said it was “an unusual case, obviously”, also cast doubt on whether a federal court should consider it.

“I have a hard time seeing how this can be justiciable in Federal Court,” said Ludwig, appointed by Trump. “The request to refer this matter to the Legislature strikes me as almost bizarre.”

The judge asked why Trump wasn’t going directly to the Legislature if he wanted lawmakers to get involved in the nomination of voters. Bill Bock, Trump’s campaign lawyer in the federal lawsuit, said Trump needed the court to rule the election “invalid” so that the Legislature could get involved. He also said the term “referral”, which is generally used to describe when a court refers a case to a lower court, was “inart”.

Republican Assembly Majority Leader Jim Steineke cast serious doubt during the week on whether the Legislature could switch voters from Biden State to Trump supporters. Steineke tweeted a clip of actor Dana Carvey playing President George HW Bush saying, “I’m not going to do this.”

In his lawsuit against the state, Trump seeks to disqualify 221,000 ballots he claims were illegally cast. Judge Stephen Simanek, who is hearing the case after the Wisconsin Supreme Court refused to take it initially, said on Friday he would rule from the bench after next week’s hearing, which is expected to begin hours after that of the federal court.

Jim Troupis, Trump’s attorney in the state lawsuit, argued his case should take precedence over the federal lawsuit, where Troupis is not the attorney.

“I’m not trying to put people in a tough spot,” Troupis said. “I am in a difficult situation in terms of deadlines.”

The High Court also refused on Friday to hear a lawsuit filed by the Wisconsin Voters Alliance over the loss of Trump. Two more filed by Trump allies – one in federal court and one in state court – remain. Trump has lost several lawsuits in other battlefield states as part of a long-term effort to overturn Biden’s victory. Even if he were to win in Wisconsin, the 10 votes from the state Electoral College would not be enough to re-elect him.