(The Center Square) – On the heels of its federal lawsuit being dismissed, the Trump campaign has filed an appeal to try once again to overturn the results of the presidential election in Pennsylvania.
The case was thrown out Saturday by U.S. District Judge Matthew Brann, but the campaign turned to the 3rd Circuit Court of Appeals to try to resurrect their case, asking for a chance to amend their lawsuit.
Brann allowed the campaign to alter the lawsuit once, and that resulted in a number of election fraud allegations being removed. After this drew the ire of President Donald Trump, his attorneys tried to have the allegations added back in, but Brann declined to allow it.
In dismissing the lawsuit, Brann stated that it sought to combine incompatible legal theories, failed to prove that the parties being sued were to blame for any harm suffered by voters, and called the lawsuit itself an attempt “to disenfranchise almost seven million voters.”
“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, such that this Court would have no option but to regrettably grant the proposed injunctive relief despite the impact it would have on such a large group of citizens,” Brann wrote. “That has not happened. Instead, this Court has been presented with strained legal arguments without merit and speculative accusations.”
With certification of Pennsylvania’s results looming Monday, the campaign asked that the results be decertified if the appeal is taken up by the Philadelphia-based 3rd Circuit. If the appeal is granted, the case would return to the district level to be considered again.
Meanwhile, two other cases have been filed that similarly aimed to overturn presumed President-elect Joe Biden’s victory in the Keystone State.
U.S. Rep. Mike Kelly, R-Pa., filed a lawsuit in Commonwealth Court that would exclude about 2.6 million mail-in ballots cast in the Nov. 3 election. His lawsuit says the 2019 law that allowed mail-in voting in the state without needing to provide a reason was unconstitutional.
Kelly’s lawsuit says that if the mail-in ballots alone cannot be excluded, then the results of the presidential vote should be wiped out entirely, with the decision on how to award Pennsylvania’s 20 electoral votes left to the state Legislature.
The prospect of the Republican-controlled Pennsylvania Legislature stepping in to grant the state’s electoral votes to Trump has been a popular idea among right-wing pundits and media outlets, but Senate Majority Leader Jake Corman and House Majority Leader Kerry Benninghoff, both Republicans, have insisted repeatedly that they don’t intend to overturn the will of the voters.
A lawsuit filed Monday morning specifically targeted Allegheny County – home to the city of Pittsburgh – seeking to prevent the county from certifying its local election results. But local election officials went ahead with certification, voting 2-1 to approve the results with the two Democrats in favor and one Republican against.
Unofficial results from The Associated Press show that Biden, the former vice president, defeated Trump in Pennsylvania by about 81,000 votes. Even if Pennsylvania’s results were to be overturned and the state’s 20 electoral votes added to Trump’s total, that would not be sufficient for him to retain the White House, and the campaign continues to seek to overturn results in Michigan and Georgia, as well.