The Morning Call

Trump ef­fort ‘as­sault’ on law, Boock­var says

- US Elections · U.S. News · US Politics · White-collar Crime · Discrimination · Politics · Elections · Crime · Human Rights · Society · Donald Trump · Pennsylvania · Williamsport · Rudy Giuliani · Cuba · United States of America · Venezuela

Pres­i­dent Don­ald Trump’s bid for an in­junc­tion block­ing Penn­syl­va­nia from cer­ti­fy­ing its elec­tion re­sult un­less it tosses out tens of thou­sands of bal­lots is a “stun­ning re­quest” to can­cel the votes of 6.8 mil­lion peo­ple, the state’s top elec­tions of­fi­cial told a judge.

The in­junc­tion, which Sec­re­tary of State Kathy Boock­var said “does not even try” to meet the le­gal stan­dard for such re­lief, can’t be granted be­cause the Trump cam­paign hasn’t demon­strated that it’s likely to suc­ceed in the case, which is based on a “gripe” about state law, Boock­var said. She made the ar­gu­ment in a brief filed Fri­day in fed­eral court in Wil­liamsport.

The as­ser­tion of a con­sti­tu­tional Equal Pro­tec­tion vi­o­la­tion is doomed to fail, she said, be­cause the cam­paign doesn’t claim that state elec­tion of­fi­cials en­gaged in dis­crim­i­na­tion when they al­legedly failed to en­force state vot­ing laws uni­formly in every county. Trump claims some coun­ties im­prop­erly al­lowed vot­ers to fix mi­nor er­rors on their mail-in bal­lots be­fore Elec­tion Day.

“The re­lief plain­tiffs seeks is un­sup­ported in fact, de­fi­cient on the law and sim­ply out­ra­geous,” Boock­var said in the fil­ing op­pos­ing the cam­paign’s re­quest, call­ing its law­suit an “as­sault on Penn­syl­va­nia law.”

Cam­paign at­tor­ney Rudy Gi­u­liani didn’t im­me­di­ately re­spond to a mes­sage seek­ing com­ment on the fil­ing.

Gi­u­liani and other lawyers for the cam­paign have claimed that the vot­ing pro­ce­dures in Penn­syl­va­nia’s most pop­u­lous coun­ties were part of a Demo­cratic con­spir­acy to steal the elec­tion with mil­lions of fake bal­lots, cor­rupt vot­ing ma­chine soft­ware and “com­mu­nist money” from Venezuela and Cuba.

U.S. Dis­trict Judge Matthew Brann is weigh­ing Boock­var’s ear­lier re­quest to dis­miss the suit at the cen­ter of Trump’s long-shot bid to over­turn the elec­tion re­sult.

Dur­ing oral ar­gu­ments this week, Gi­u­liani failed to pro­duce any ev­i­dence to back claims he made in an open­ing state­ment about a mas­sive Demo­cratic scheme to steal the elec­tion.

In Fri­day’s fil­ing, Boock­var blasted Gi­u­liani’s Thurs­day mo­tion for the in­junc­tion, which ar­gued that Penn­syl­va­nia should be or­dered to quickly hand over thou­sands of bal­lot en­velopes for a sta­tis­ti­cal anal­y­sis of er­rors.

In ad­di­tion to not demon­strat­ing a like­li­hood of suc­cess, the cam­paign failed to show that an in­junc­tion was in the pub­lic’s in­ter­est, another re­quire­ment in such a case, Boock­var said.

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