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The G.O.P. bungles its final stand to stop Pennsylvania’s election certification.


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Biden Transition: Live News Updates - The New York Times (nytimes.com)

 

Lawyers for the Trump campaign for weeks have placed their hopes on using the law to stop the certification of the Pennsylvania election results.

But that has not worked out in recent days, leaving the campaign and its supporters without clear legal means to do so, and with only the vaguest path to reversing certification once it happens.

On Saturday night, shortly after a federal judge in Pennsylvania dismissed the Trump campaign’s major lawsuit seeking to stop the certification, Rudolph W. Giuliani, President Trump’s personal lawyer, promised to appeal the loss to the Third Circuit Court of Appeals and then, if necessary, to the United States Supreme Court.

But the papers the campaign filed with the Third Circuit were so narrowly tailored that they did not ask to reverse the ruling by the lower court judge, Matthew W. Brann, but merely requested permission to file another version of the allegations.

The appellate brief also did not request permission to go to the Supreme Court if it failed, but rather asked to have Judge Brann reconsider several issues he had already denied.

The appeals court said on Monday that Mr. Trump’s campaign could file new papers supporting its request by later this afternoon, and that the Democratic defendants could file new papers on Tuesday.

By that point, however, the certification of Pennsylvania’s vote will have already occurred, rendering the initial lawsuit moot.

— Alan Feuer

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