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Trump’s Legal Team Considering Alternate Options After Supreme Court Rejects Texas Election Suit

December 11, 2020 Updated: December 12, 2020

Attorneys on President Donald Trump’s legal team, Rudy Giuliani and Jenna Ellis, shared on Friday that the team is considering filing separate lawsuits to district courts in the wake of the U.S. Supreme Court’s rejection of a lawsuit from Texas to challenge the 2020 election results in four battleground states. The two attorneys also called for courage from the courts to allow hearings on the lawsuits.

Justices on the nation’s highest court late Friday denied the Lone Star state’s request to sue Pennsylvania, Georgia, Michigan, and Wisconsin. They opined that Texas lacked legal standing—or capability—to sue under the Constitution because it has not shown a valid interest to intervene in how other states handle their elections.

In an interview with Newsmax, Giuliani called the court’s decision a “terrible terrible mistake.”

“Basically the courts are saying they want to stay out of this, they don’t want to give us a hearing, they don’t want the American people to hear the facts,” the former New York City mayor said. “These facts will remain an open sore in our history unless they get resolved. They need to be heard they need to be aired and somebody needs to make a decision on whether they’re true or false. And some courts are going to have to have the courage to make that decision.”

“The case wasn’t rejected on the merits the case was rejected on standing,” Giuliani said. “The answer to that is to bring the case now to the district court by the president by some of electors alleging the same facts where there would be standing and therefore get a hearing.”

“There’s nothing that prevents us from filing these cases immediately in the district court, in which the president would have standing,” he continued. “Some of the electors would have standing in that their constitutional rights have been violated.”

Epoch Times Photo
President Donald Trump lawyer and former New York City Mayor Rudy Giuliani at the Republican National Committee headquarters in Washington on Nov. 19, 2020. (Charlotte Cuthbertson/The Epoch Times)

Ellis, a Trump campaign senior legal adviser, told Newsmax that there is still a “line of attack.”

“The mayor said that we’ve contemplated filing this as separate lawsuit in district court because obviously the president himself would have standing. It’s amazing to think that these other states, these voters who are disenfranchised, wouldn’t,” she said.

She signaled that the team still has time up until Jan. 6 when Congress officially counts the Electoral College votes.

“That date in January. That’s the date of ultimate significance. And the Supreme Court has recognized that,” she said. “We still have time, the state legislatures still have time to do the right thing. They can inquire, they can hold hearings, they can reclaim their delegates, and they should and I hope that now all of the evidence we have brought forth in these hearings will give them the inspiration and courage that they need to act.”

jenna ellis
President Donald Trump campaign senior legal adviser Jenna Ellis speaks to media while flanked by Trump lawyer and former New York City Mayor Rudy Giuliani (L) and attorney Sidney Powell, at a press conference at the Republican National Committee headquarters in Washington on Nov. 19, 2020. (Charlotte Cuthbertson/The Epoch Times)

Ellis said that what has transpired is “a moral failure” across all three branches of government.

“First you have the executive branch. The problem there is that they changed the rules. We know that, we have the clear evidence that shows that,” she said. “Then the state legislators—there are significant number of them in the swing states that want to do the right thing, they want to exercise their Article II authority, but it’s been leadership that’s refusing to do the constitutionally appropriate thing.”

She called the Supreme Court’s decision one that appears to be “on a political whim.”

“How they could pass on this I think is shocking. I think it’s morally outrageous,” she said.

“I think that regardless of the outcome here we’re going to continue to do the right thing,” Ellis added. “President Trump is courageous, he is standing for truth, the Constitution, election integrity, and it is always a fight that is worth fighting.”

Giuliani stressed the need for the courts to hear evidence filed by lawsuits challenging election results.

“These facts need to be heard,” he said. “Because this kind of voter fraud can continue to go on if it is not nipped in the bud. If we don’t stand up to it, if we allow the big media, the big tech, the Democrat politicians, and the Washington elite—if we allow them to roll over this, it’s going to get worse and worse and worse.

“This is the worst in our history so far, and it’s got to be stopped. And I think the only person who has the courage to stand up to it is Donald Trump. We’re not finished, believe me.”

Texas’s suit filed on Dec. 8 alleged that the defendant states of Georgia, Michigan ,Pennsylvania, and Wisconsin, had illegally changed election laws in violation of the U.S. Constitution’s Electors Clause, which allegedly resulted in voting irregularities and opened up the potential for fraud due to ballot integrity protections under state law having been removed.

The president has a number of ongoing legal challenges in state and federal courts, some of which are making their way to the U.S. Supreme Court. Several lawsuits filed by third parties and attorney Sidney Powell are also proceeding through the judicial system.

Democrat Joe Biden has declared victory in the presidential election and media outlets have been referring to him as “president-elect.” The Epoch Times won’t declare a winner of the 2020 presidential election until all results are certified and any legal challenges are resolved. Janita Kan contributed to this report.

 

17 States Urge Supreme Court to Review Texas Bid Challenging Election Results in 4 States

17 States Urge Supreme Court to Review Texas Bid Challenging Election Results in 4 States

December 9, 2020 Updated: December 9, 2020

Seventeen states are urging the U.S. Supreme Court to take up Texas’s request to challenge the 2020 election results in four battleground states.

The states, led by Missouri Attorney General Eric Schmitt, filed a friend-of-the-court brief on Dec. 9, underscoring that the case filed by Texas is of great public importance and requires the attention of the nation’s top court.

Texas on Dec. 7 filed a motion asking for permission to sue Pennsylvania, Georgia, Michigan, and Wisconsin in an attempt to protect the integrity of the 2020 election.

The Lone Star state alleges that the four key battleground states unconstitutionally changed election laws, treated voters unequally, and triggered significant voting irregularities by relaxing ballot integrity measures.

In the brief, the 17 states argue that the Texas lawsuit warrants review by the high court as it presents important constitutional issues under the Electors Clause. It also raises concerns about election integrity and public confidence in the handling of elections, they added.

The states said they have a strong interest in protecting the separation of powers in how elections are regulated. When election officials made changes to the rules governing elections, these non-legislative actors may have encroached on the power given to state legislatures by the Electors Clause in the U.S. Constitution, they assert.

Under the U.S. Constitution, the “times, places, and manner of holding elections” may only be prescribed by the state “legislature” and “Congress.”

“Encroachments on the authority of state Legislatures by other state actors violate the separation of powers and threaten individual liberty,” the states wrote (pdf).

Meanwhile, the changes made by the defendant states to mail-in voting rules during the COVID-19 pandemic, the 17 states argued, would have likely enhanced the risk of election fraud, since they strip away safeguards protecting against fraudulent behavior.

They added that the relaxation of safeguards for mail-in ballots create “needless vulnerability to actual fraud and undermined public confidence in the election.”

Some of these changes include removing signature verification, extending the deadline to receive mail-in ballots, and failing to implement consistent statewide standards for the handling of mail-in ballots, the Texas lawsuit alleges.

“These changes removed protections that responsible actors had recommended for decades to guard against fraud and abuse in voting by mail,” the states claim in their brief.

The states supporting the Texas suit, all of which have Republican attorneys general, are Missouri, Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia.

Texas is hoping to obtain a declaration from the Supreme Court that the four states conducted the 2020 election in violation of the Constitution. It is also asking the court to prohibit the count of the Electoral College votes cast by the four states. For the defendant states that have already appointed electors, it asks the court to direct the state legislatures to appoint new electors, in line with the Constitution.

Meanwhile, the state is also seeking a preliminary injunction or a temporary restraining order to block the four states from taking action to certify their election results or to prevent the state’s presidential electors from taking any official action. The presidential electors are scheduled to meet on Dec. 14.

The court has ordered the defendant states to respond to Texas’s motions by 3 p.m. on Dec. 10.

Following the filing of the brief, Arizona Attorney General Mark Brnovich later in the day filed a request to the top court for permission to file his own brief in support of Texas (pdf).

President Donald Trump’s campaign has also asked the court to allow it to join Texas in the case as a plaintiff. The president on Dec. 9 has described the case as “the big one,” adding that the “Country needs a victory.”

Ivan Pentchoukov contributed to this report.

Follow Janita on Twitter: @janitakan
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Lawsuits filed in Georgia and Michigan

Attorney Sidney Powell has filed lawsuits in Georgia and Michigan alleging “ballot-stuffing” and “massive election fraud” in the presidential election –censored by Twitter. Ms Powell, recently distanced from the Trump campaign, submitted a 104-page document in Georgia and a 75-page document in Michigan which Twitter censored. When either PDF document is clicked on the social media platform a warning pops up stating the link “may be unsafe” with a prompt to return to the social media platform.

Sidney Powell Michigan and Georgia Lawsuits – READ IN FULL – Liberty Nation