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Monday, November 23, 2020

Trump Indicates Lawsuit Will Be Appealed Following Dismissal by Pennsylvania Judge

President Donald Trump on Saturday said that he will likely appeal a lawsuit after it was dismissed in Pennsylvania.

“It’s all a continuation of the never ending Witch Hunt,” the president wrote. “Judge Brann, who would not even allow us to present our case or evidence, is a product of Senator Pat ‘No Tariffs’ Toomey of Pennsylvania, no friend of mine, & Obama – No wonder. 900,000 Fraudulent Votes!” Trump was referring to Sen. Toomey (R-Pa.) and Judge Matthew Brann.

Trump later wrote that he “will appeal.”

Toomey, in response, congratulated Democrat Joe Biden and Sen. Kamala Harris (D-Calif.).

“With today’s decision by Judge Matthew Brann, a longtime conservative Republican whom I know to be a fair and unbiased jurist, to dismiss the Trump campaign’s lawsuit, President Trump has exhausted all plausible legal options to challenge the result of the presidential race in Pennsylvania,” the Republican senator said.

Trump has not conceded the election. The Epoch Times will not call the race until all legal challenges are exhausted and other election-related procedures are carried out.

Trump was referring to a development on Saturday when Judge Brann dismissed a lawsuit that sought to delay the certification of Pennsylvania’s election, describing the lawsuit as one with “strained legal arguments without merit and speculative accusations.” The Trump campaign should have presented “compelling legal arguments and factual proof of rampant corruption,” he said.

Trump lawyer Rudy Giuliani, in a statement, suggested that Brann’s decision would allow the team to expedite the lawsuit to the U.S. Supreme Court.

“We will be seeking an expedited appeal to the Third Circuit,” the former New York City mayor said.

It came as a group of Republican politicians sued Pennsylvania on Nov. 21 seeking to block the certification of the election results in the commonwealth by arguing that its vote-by-mail statute violates the state’s constitution. They said Act 77, which made vote-by-mail without an excuse, violates state law.

“Act 77 is the most expansive and fundamental change to the Pennsylvania voting code, implemented illegally, to date,” the lawsuit, filed in the Commonwealth Court of Pennsylvania, states. “As with prior historical attempts to illegally expand mail-in voting by statute, which have been struck down going as far back as the Military Absentee Ballot Act of 1839, Act 77 is another illegal attempt to override the limitations on absentee voting prescribed in the Pennsylvania Constitution, without first following the necessary procedure to amend the constitution to allow for the expansion.”

Ivan Pentchoukov contributed to this report.



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