The 3rd U.S. Circuit Court of Appeals has granted the Trump campaign’s request for an expedited review of its election case in Pennsylvania.
The order posted by Jenna Ellis, legal adviser to President Donald Trump’s campaign, stipulates that the brief must be filed by 4 p.m. on Monday.
Pennsylvania Secretary of State Kathy Boockvar then will be required to file a response Tuesday at the same time.
The notice adds that the court will advise the parties if an oral argument will then be required.
?NEW: Third Circuit Court of Appeals grants expedited review for Team Trump’s appeal from Pennsylvania. pic.twitter.com/LKJDnPGRSn
— Jenna Ellis (@JennaEllisEsq) November 23, 2020
The grant of appeal came following a Saturday ruling by U.S. District Judge Matthew Brann that dismissed the Trump campaign case.
The Associated Press reported that Brann — who was appointed by then-President Barack Obama in 2012 while Trump’s opponent, Joe Biden, was vice president — wrote in his opinion the campaign’s legal team was seeking to disenfranchise almost 7 million voters.
“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 ruling. “That has not happened.”
Trump attorney Marc Scaringi disagreed with the finding.
“First, I have tremendous respect and personal regard for Judge Brann. Second, however, contrary to the Judge’s opinion, the Trump campaign is/was not asking, ‘this Court to disenfranchise almost seven million voters’ (i.e. all 6.8 million Pennsylvania voters),” he tweeted Saturday.
In fact, my co-counsel, Rudy Giuliani, explained to the Judge and on the record, “We are NOT asking the Court to invalidate 6.8 million votes, only those votes cast without poll watchers being able to observe and those that were illegally cured.” (my notes from oral argument).
— Marc A. Scaringi (@MarcScaringi) November 22, 2020
“In fact, my co-counsel, Rudy Giuliani, explained to the Judge and on the record, ‘We are NOT asking the Court to invalidate 6.8 million votes, only those votes cast without poll watchers being able to observe and those that were illegally cured.’ (my notes from oral argument),” Scaringi added.
Currently, 80,845 votes separate Trump and Biden in Pennsylvania.
Biden’s nearly 3.5 million votes in the Keystone State tops Obama’s 2012 tally by over a half a million votes, though the population of Pennsylvania has stayed essentially the same.
Trump also outperformed Obama by nearly 400,000 votes.
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