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A campaign lawyer for President Donald Trump revealed on Wednesday that the campaign could be based on performing a complicated – and perhaps unprecedented – legal and legislative trick to undo the victory of President-elect Joe Biden in Pennsylvania and possibly be in other states.
This far-fetched strategy would force a federal court to strike down Pennsylvania’s certification of its election results, then get the state General Assembly to agree to send Trump’s voters to the Electoral College.
The idea is buried in a footnote in a three-page letter campaign lawyer Marc Scaringi wrote to the United States Court of Appeals for the 3rd Circuit.
The Trump campaign is asking the appeals court to hear its attempt to block the effect of Tuesday’s certification of a victory for Biden in Pennsylvania.
This state has 20 votes in the electoral college. Barring judicial or legislative intervention, Biden will get those votes, which, along with several other states, have given him 36 more electoral votes than he would need to win the presidency. The electoral college is due to vote on December 14.
Scaringi’s letter says US courts can overturn the certification of the Pennsylvania election, thereby invalidating verification of these results, which he said were “allegedly released” by Governor Tom Wolf on Tuesday.
There is nothing alleged about Wolf’s verification of certified election results, which the governor announced in a tweet that day.
Scaringi’s footnote went on to say, “In addition, the Pennsylvania General Assembly has the power to appoint Commonwealth presidential voters.”
“A district court ruling that President Trump won the legal votes may have a significant impact on the General Assembly,” the lawyer wrote.
Scaringi’s letter explicitly details the strategy the Trump campaign has hinted at for weeks since Biden was cast as the winner in the national election.
This strategy involves assembling enough successful legal challenges against Biden’s victory in enough states to nullify that victory, or, if necessary, secure enough Republican-controlled state legislatures to nullify the popular votes won for Biden and send Trump voters to the Electoral College.
As part of this strategy, advocates for the Trump campaign have repeatedly made allegations of widespread electoral fraud. But they have provided no evidence of such fraud.
And the campaign and its allies have repeatedly lost or withdrawn lawsuits that would achieve this goal through lawsuits.
Last week, GOP leaders in the Michigan legislature, after a White House meeting with Trump, pointedly said they would not revoke their state’s certification of its voting results.
A few days later, Michigan certified that Biden won that state, which has 16 electoral votes.
Despite this, the Trump campaign has said it hopes the United States Supreme Court, which has three judges appointed by Trump, will eventually hear his claims.
The Pennsylvania appeal was filed after the Trump campaign suffered a major loss in the state’s U.S. District Court.
Federal Judge Matthew Brann on Saturday rejected campaign efforts to block Pennsylvania’s certification of millions of voters.
Brann, in a dazzling opinion, called the campaign’s claims “without merit” and said Trump’s legal team, led by former New York Mayor Rudy Giuliani, had failed to present “d ‘compelling legal arguments and factual evidence of rampant corruption “in the state. postal ballots.
In their appeal, the Trump campaign did not ask that Brann’s decision be overturned.
Instead, the campaign asked Circuit 3 to allow the campaign to file an amended version of its legal complaint, to “restore claims that were inadvertently deleted” from a previous version.
Brann’s decision effectively dismissed a request to add numerous claims that the Trump campaign had previously cut off its own trial.
These included the claim that election officials in Pennsylvania had prevented Trump supporters from observing the counting of postal ballots.
“Over 70 million Americans voted for President Donald J. Trump,” Scaringi’s letter reads. “The Campaign’s claims should be heard on their merits and not dismissed for perceived procedural irregularities.”
Scaringi’s letter on Wednesday also asked the 3rd Circuit to allow Giuliani to make oral arguments in the appeal.
Giuliani is currently not admitted to appear in this court and “has not been able to obtain the necessary certifications due to complications of Covid-19 with government entities in New York,” Scaringi wrote.
Lawyers for the Democratic National Committee, one of many parties that joined the appeal against the Trump campaign, did not immediately respond to CNBC’s requests for comment on Scaringi’s letter.
But Biden’s campaign on Tuesday mocked the Trump campaign’s refusal to admit the president lost.
“It’s obvious to everyone except Donald Trump, Rudy Giuliani and [campaign senior legal advisor] Jenna Ellis that this election is over and that Joe Biden has been a resounding success, ”said Bob Bauer, senior legal counsel for the Biden campaign.
Trump has done everything he can to deny voters the right to vote and prevent results from being certified in Pennsylvania, including filing more than 15 unsuccessful lawsuits – most recently producing one of the performances in the most embarrassing courtroom of all time, with the judge in the case finding their arguments “baseless” and “unsupported by evidence,” “Bauer said.
Trump did not succeed in Pennsylvania and he will not succeed anywhere else. Trump’s lawsuits will continue to fail, as in more than 30 cases since election day, states will continue to certify their results and Joe Biden will be sworn in as president January 20, 2021. “
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