The Morning Call

Giuliani targets Biden’s Pa. win

Trump’s attorney seeks to halt state’s certificat­ion of vote

- By Mark Scolforo

Rudy Giuliani, President Donald Trump’s personal attorney, returned to federal court Tuesday after a long hiatus to accuse Democrats in control of big cities of hatching a nationwide conspiracy to steal the election, even though no such evidence has emerged in the two weeks since Election Day.

The court case is over the Trump campaign’s federal lawsuit seeking to prevent Pennsylvan­ia officials from certifying the vote results.

Lawyers defending the Democratic secretary of state,

Philadelph­ia and several counties said the Trump campaign’s arguments lack any constituti­onal basis or were rendered irrelevant by a state Supreme Court decision Tuesday.

They asked U.S. District Judge Matthew Br ann to throw out the case, calling the allegation­s “at best, garden-variety irregulari­ties” that would not warrant throwing out Pennsylvan­ia’s election results, which delivered a victory for President-elect Joe Biden.

Giuliani, the former New York City mayor, baselessly asserted there was a wide-ranging scheme to steal the election from Trump in big cities in Pennsylvan­ia and 10 other places.

“The best descriptio­n of this situation is widespread, nation-----

wide voter fraud, of which this is a part. ... This is not an isolated case, this is a case that is repeated in at least 10 other jurisdicti­ons,” Giuliani said.

The dozens of affidavits Trump’s lawyers filed in the case, however, do not assert widespread fraud, but rather the potential for something fishy to occur because partisan poll watchers weren’t given an opportunit­y to view the results.

Tuesday’s hearing focused on the Trump campaign’s request for a temporary restrainin­g order, as well as Democrats’ request to have the case dismissed. Giuliani — who had not argued a case in federal court since 1992, according to online court filings — asked Brann to let him put on evidence to back up his claims.

Trump’s campaign has not been shy in previous weeks about publicizin­g what they say is evidence of election fraud. Brann scheduled a hearing for Thursday to hear evidence — if he decides against dismissing the case.

There is no evidence of widespread fraud in the 2020 election, and experts say Trump’s various lawsuits have nochance of reversing the outcome in a single state, let alone the election. In fact, officials of both political parties have stated publicly that the election went well, and internatio­nal observers confirmed there were no serious irregulari­ties.

The Trump campaign wants to prevent certificat­ion of results that give Biden Pennsylvan­ia’s 20 electoral votes.

TheTrumpca­mpaign’s lawsuit is based on a complaint that Philadelph­ia and some Democratic-controlled counties in Pennsylvan­ia let voters make correction­s to mail-in ballots that were otherwise going to be disqualifi­ed for a technicali­ty, like lacking a secrecy envelope or a signature.

It is not clear howmanybal­lots that could involve, although some opposing lawyers say it is far too few to overturn the election result.

TheTrumpca­mpaign’s lawsuit says Republican-controlled counties did not allow voters to correct ballots and claims the inconsiste­nt practice violated constituti­onal rights of due process and equal protection under the law and resulted in the “unlawful dilution or debasement” of properly cast votes.

But Giuliani spent most of his time in court arguing that almost 700,000 ballots in Philadelph­ia and Allegheny County — home to Pittsburgh — went uninspecte­d by Republican observers.

Giuliani name-checked certain cities in states won by Biden — including Philadelph­ia, Pittsburgh, Las Vegas, Phoenix, Milwaukee and Detroit — and argued without basis that Democrats in control there prevented Trumpcampa­ign observers from seeing election workers process mail-in ballots so that they could falsify enough ballots to ensure Trump lost.

In Philadelph­ia, Republican observers were kept so far away from election workers processing the ballots that they couldn’t ensure the ballots were valid, Giuliani said.

A judge at one point ordered city officials to allow observers to within 6 feet of election workers, but Trumpcampa­ign lawyers contended that observers could get within 6 feet of only one row of tables, while other tables of election workers remained much farther away.

During the hearing, Trump’s campaign notched another loss: the Pennsylvan­ia Supreme Court, in a 5-2 party-line decision, backed a Philadelph­ia judge’s ruling that city officials had given Republican observers sufficient access to the vote counting, without allowing them within 6 feet.

Associated Press has declared Biden the winner of the presidenti­al contest, but Trump has refused to concede and is blocking Biden’s efforts toward a smooth transition of power.

With Georgia the only uncalled state, Biden has collected at least 290 electoral votes — just enough that overturnin­g Pennsylvan­ia’s result would not open an avenue to a second term for Trump.

Biden’s margin in Pennsylvan­ia is now about 73,000 votes.

The issues Trump’s campaign and its allies have pointed to are typical in every election: problems with signatures, secrecy envelopes and postal marks on mail-in ballots, as well as the potential for a small number of ballots miscast or lost.

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