Trump submits the Supreme Courtroom problem to Biden’s win in Pa

U.S. President Donald Trump plays at Trump National Golf Club on December 13, 2020 in Sterling, Virginia.

Al Drago | Getty Images

President Donald Trump’s re-election campaign made a long offer in the Supreme Court on Sunday to question President-elect Joe Biden’s victory in Pennsylvania in a petition urging judges to effectively reverse the outcome of the race.

The case, filed nearly seven weeks after polling day and just a month before Biden opened, will almost certainly be dismissed by the judges. It is because Trump continues to deny his loss despite judges across the country firmly dismissing baseless allegations of fraud by his and his allies.

The challenge follows a similar lawsuit from Texas that the judges failed to hear earlier this month. The court rejected Trump-backed state arguments contesting the Pennsylvania and other swing states elections. All nine judges signaled at the time that they disagreed with the core Texas arguments.

The judges took no action in a separate Pennsylvania Republican Party Supreme Court lawsuit that challenged the state’s extended postal voting deadline. This case was originally brought before Election Day.

The Trump campaign announced its latest filing along with a statement from the President’s personal attorney, Rudy Giuliani, former New York City Mayor. Giuliani said the case was the campaign’s first “independent” challenge from the Supreme Court.

The filing calls on judges to overturn three Pennsylvania Supreme Court decisions to relax some of the state’s electoral rules regarding signature verification, election day observation, and postal voting explanation. The state Supreme Court is said to have interfered with the power the US Constitution gave lawmakers to conduct elections.

“Taken together, these three decisions resulted in approximately 2.6 million postal ballots being counted in violation of Pennsylvania law,” Trump attorney John Eastman wrote on the file.

Eastman wrote that the cases contained “more than enough” ballot papers to affect the election result.

“The outcome of the election for President of the United States depends on the balance,” he added in a separate motion calling on judges to swiftly take up the matter at the January 20 inauguration.

Eastman, a law professor at Chapman University’s Fowler School of Law, sparked controversy in August when he published an article in a Newsweek opinion piece questioning elected Vice President Kamala Harris’ eligibility to vote as president. An editor’s note was later added to the effect that the article was “used by some as a tool to perpetuate racism and xenophobia”.

Eastman asked the judges to agree further briefs before Christmas. In a motion for expedited examination, he wrote that delay could not only harm Trump, “but the entire nation could be injured by the resulting confusion.”

“Indeed, the intense national and global attention paid to the 2020 presidential election only suggests that if the uncertainty and injustice that these elections bring persists, disruption can occur,” Eastman wrote.

Eastman asked the court to oblige Kathy Boockvar, secretary of the Commonwealth of Pennsylvania, to respond to the campaign filing by Wednesday noon.

Recent legal efforts are unlikely to have very practical implications, although Trump is becoming increasingly desperate about staying in power. The president reportedly asked aides in the Oval Office on Friday if they should appoint a special lawyer to investigate electoral fraud and asked a question about the possible implementation of martial law on the seizure of voting machines. He later denied the reports.

The formal transition mechanisms have now progressed further.

On January 6th, Congress will meet in a joint session to officially count the votes of the electoral college and declare Biden the winner. Senate Majority Leader Mitch McConnell, the top Republican in Congress, has warned his party’s members not to attempt to block the announcement of Biden’s victory.

A spokesman for the Biden transition team did not respond to a request for comment.

Subscribe to CNBC Pro for the TV livestream, deep insights and analysis of how to invest over the next president’s term.

Comments are closed.