Pennsylvania officials on Tuesday asked a federal appeals court Tuesday to end Trump’s campaign legal challenge of an election that has now been certified and, in their opinion, resolved.
“The current Trump campaign demand to set aside millions (or” possibly tens of thousands”) of lawfully issued ballots – without a single plausible factual charge to support this extraordinary demand – should be quickly dismissed, says the new filing on behalf of Allegheny, Philadelphia, Chester, and Montgomery counties.
The case before the Third Circuit Court of Appeal appears to be gaining momentum, with parties only given 24 hours to present their arguments.
And if the ruling conflicts with the president – as there have been more than 20 rulings so far – Democrats think one of the few doors left for Trump to challenge the 2020 presidential election will be closed.
A string of rulings last week shows that Trump’s legal effort may soon be out of options. On Monday, the Trump campaign and its allies lost cases in the supreme courts of the states of Michigan and Pennsylvania. Wendy Weiser, program director for democracy at the Brennan Center for Justice, said she could draw only one conclusion from Michigan’s landmark decision, which rejected efforts by Trump’s poll watchers to halt certification of elections in the state.
“The main takeaway is that this state court effort to prevent certification has reached its final unsuccessful stop,” Weiser said. “It’s over.”
Over the weekend, an American The Pennsylvania district court judge dismissed the Trump campaign case in federal court, which is being handled by Trump’s longtime ally Rudy Giuliani. The decision, which ultimately rejected an attempt to get the court to overturn millions of postal votes, was categorical.
Mark Aronchick, a Philadelphia attorney who advocated the case against Giuliani, has said he will wait to hear what the appeals court says before he can declare any victory in the legal battle.
“I will say from the rooftops that the American public should be immensely proud that we have an independent judiciary,” Aronchick said. “We operate under the rule of law, and not the rule of the soapbox from the driveway of Four Seasons Landscaping.”
President Trump is someone who doesn’t seem to believe the legal battle is coming to an end. In a series of tweets over the past few days, the president and allies have pushed for ongoing efforts to challenge the election results in court. In a late-night tweet on Monday, the president said his team was moving “at full speed”. He promised on Tuesday morning that a “great cause” would be filed “soon”.
That lawsuit is yet to come, and the campaign has been absent from Georgia courtrooms for weeks. The only case of the movement in the state was the day after the election and was quickly dismissed by the court.
Despite Trump’s tweets, his team’s efforts in court have been relatively calm. The campaign has not filed a new lawsuit since Nov. 18, and the wave of lawsuits filed in the days following the election is almost all over. Of the 19 electoral cases filed by the campaign, 15 have already been rejected and dismissed by judges or withdrawn from the campaign because it does not present any substantial evidence of voter fraud is provided to support the public claims.
Only three cases remain in any way active. In addition to the appeal pending before the Third Circuit, the campaign has a Michigan case that remains intact on request. The case was dismissed as “faulty” by the court for improper filing, and the issue was never resolved. Another, in Nevada, has yet to be decided, but legal experts told ABC News that the case is unlikely to affect the vote count in that state.
“Certification by state officials is simply a procedural step,” Ellis, a Trump campaign senior legal adviser, said in a statement on Monday. “We are going to continue combatting election fraud around the country as we fight to count all the legal votes.”
Aronchick told ABC News Democrats would respond if Trump’s team continues to look to the court to change the election outcome.
“I would put nothing past Mr Giuliani to figure out some other way to file somewhere else, with some other type of frivolous claim,” he said. “And if they do, we’ll be ready for them.”