• 72°

Appeals court rejects Trump challenge of Pennsylvania race

By Maryclaire Dale

Associated Press

PHILADELPHIA — President Donald Trump’s legal team suffered yet another defeat in court Friday as a federal appeals court in Philadelphia roundly rejected the campaign’s latest effort to challenge the state’s election results.

Trump’s lawyers vowed to appeal to the Supreme Court despite the judges’ assessment that the “campaign’s claims have no merit.”

“Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here,” 3rd Circuit Judge Stephanos Bibas, a Trump appointee, wrote for the three-judge panel, all appointed by Republican presidents.

The case had been argued last week in a lower court by Trump lawyer Rudy Giuliani, who insisted during five hours of oral arguments that the 2020 presidential election had been marred by widespread fraud in Pennsylvania. However, Giuliani failed to offer any tangible proof of that in court.

U.S. District Judge Matthew Brann, another Republican, said the campaign’s error-filled complaint, “like Frankenstein’s Monster, has been haphazardly stitched together” and denied Giuliani the right to amend it for a second time.

The 3rd U.S. Circuit Court of Appeals called any revisions “futile.” Chief Judge D. Brooks Smith and Judge Michael Chagares were on the panel with Bibas, a former University of Pennsylvania law professor. Trump’s sister, Judge Maryanne Trump Barry, sat on the court for 20 years, retiring in 2019.

“Voters, not lawyers, choose the president. Ballots, not briefs, decide elections,” Bibas said in the opinion, which also denied the campaign’s request to stop the state from certifying its results, a demand he called “breathtaking.”

In fact, Pennsylvania officials had announced Tuesday that they had certified their vote count for President-elect Joe Biden, who defeated Trump by more than 80,000 votes in the state. Nationally, Biden and running mate Kamala Harris garnered nearly 80 million votes, a record in U.S. presidential elections.

Trump has said he hopes the Supreme Court will intervene in the race as it did in 2000, when its decision to stop the recount in Florida gave the election to Republican George W. Bush. On Nov. 5, as the vote count continued, Trump posted a tweet saying the “U.S. Supreme Court should decide!”

Ever since, Trump and his surrogates have attacked the election as flawed and filed a flurry of lawsuits to try to block the results in six battleground states. But they’ve found little sympathy from judges, nearly all of whom dismissed their complaints about the security of mail-in ballots, which millions of people used to vote from home during the COVID-19 pandemic.

In the case at hand, the Trump campaign asked to disenfranchise the state’s 6.8 million voters or at least “cherry-pick” the 1.5 million who voted by mail in Philadelphia, Pittsburgh and other Democratic-leaning areas, the appeals court said.

“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, a member of the conservative Federalist Society, wrote in his scathing ruling on Nov. 21. “That has not happened.”

A separate Republican challenge that reached the Pennsylvania Supreme Court this week seeks to stop the state from further certifying any races on the ballot. Democratic Gov. Tom Wolf’s administration is fighting that effort, saying it would prevent the state’s legislature and congressional delegation from being seated in the coming weeks.

On Thursday, Trump said the Nov. 3 election was still far from over. Yet he said for the first time he would leave the White House on Jan. 20 if the Electoral College formalizes Biden’s win.

“Certainly I will. But you know that,” Trump said at the White House, taking questions from reporters for the first time since Election Day.

All 50 states must certify their results before the Electoral College meets on Dec. 14, and any challenge to the results must be resolved by Dec. 8.

Comments

Business

In lieu of annual festival, New Sarum turns Cheerwine beer release into celebration

Education

RSS says federal money won’t be long-term solution for staff pay

China Grove

Main Street Marketplace combines local ingredients, community with farm-to-table dinner

Business

Business roundup: New managing director takes helm at Piedmont Players Theatre

Coronavirus

COVID-19 cases continue decline as week brings 12 new deaths

News

Letter: Privileged to work where artists are valued

Brincefield Cartoons

Mook’s Place: COVID-19

Lifestyle

Library notes: New podcast coming in October

Lifestyle

In ‘This is Salisbury,’ Manier paints people who make city a better place to live

Lifestyle

Stokes earns best in show at Carolina Artists Guild’s Expo

Education

Livingstone College passes goal for UNCF kickoff

News

Commissioners to consider tax incentives for developer planning 63,000-square-foot facility in southern Rowan

Local

OctoberTour will return to in-person tours, require proof of vaccination or negative COVID-19 tests

Business

Keepin it poppin’: The Old 97 Kettlecorn Company adapts during pandemic, earns honor

East Spencer

East Spencer mayor says board knew about new administrator’s sexual battery charge before hiring

College

College football: Catawba holds on for 3-0 start

Business

Salisbury-based Lutheran Services Carolinas expands refugee program

Nation/World

Trailblazing tourist trip to orbit ends with splashdown

Nation/World

One stunning afternoon: Setbacks imperil Biden’s reset

Crime

Defense witness gives tearful account of deadly shooting in Fishzilla murder trial

News Main

High school football: Hornets easily handle unbeaten Thomasville; North, Davie also romp

Elections

Judges strike down state’s voter ID law

Crime

Jury finds Robert Durst guilty of best friend’s murder

Crime

Jeffrey MacDonald ends release appeal from infamous 1970 slayings