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The 3rd U.S. Circuit Court of Appeals has granted the Trump campaign’s request for an expedited review of its election case in Pennsylvania.
Jenna Ellis, a legal adviser to President Donald Trump’s campaign, took to Twitter to share the order and said the brief had to be filed by 4 p.m. on Monday.
Pennsylvania Secretary of State Kathy Boockvar then will be required to file a response Tuesday at the same time.
The notice adds that the court will advise the parties if an oral argument will then be required.
🚨NEW: Third Circuit Court of Appeals grants expedited review for Team Trump’s appeal from Pennsylvania. pic.twitter.com/LKJDnPGRSn
— Jenna Ellis (@JennaEllisEsq) November 23, 2020
The grant of appeal came following a Saturday ruling by U.S. District Judge Matthew Brann that dismissed the Trump campaign case.
Brann — who was appointed by then-President Barack Obama in 2012 while Trump’s opponent, Joe Biden, was vice president — wrote in his opinion the campaign’s legal team was seeking to disenfranchise almost 7 million voters, The Associated Press reported.
“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,” Brann wrote in his ruling. “That has not happened.”
“First, I have tremendous respect and personal regard for Judge Brann. Second, however, contrary to the Judge’s opinion, the Trump campaign is/was not asking, ‘this Court to disenfranchise almost seven million voters’ (i.e. all 6.8 million Pennsylvania voters),” he tweeted Saturday.
In fact, my co-counsel, Rudy Giuliani, explained to the Judge and on the record, "We are NOT asking the Court to invalidate 6.8 million votes, only those votes cast without poll watchers being able to observe and those that were illegally cured." (my notes from oral argument).
— Marc A. Scaringi (@MarcScaringi) November 22, 2020
“In fact, my co-counsel, Rudy Giuliani, explained to the Judge and on the record, ‘We are NOT asking the Court to invalidate 6.8 million votes, only those votes cast without poll watchers being able to observe and those that were illegally cured.’ (my notes from oral argument),” Scaringi added.
Congressman Mike Kelly, Rep. Daryl Metcalf, Rep. Kathy Rapp, Sean Parnell, Luke Negron and others seek to join our fight to ensure a free, fair and equal election in Pennsylvania! #Trump2020 pic.twitter.com/qATdTvFScJ
— Marc A. Scaringi (@MarcScaringi) November 21, 2020
Biden is leading Trump in Pennsylvania by just shy of 81,000 votes.
Pennsylvania Secretary of State Kathy Boockvar and the seven Biden-majority counties that the campaign sued had argued throwing out the popular vote over isolated allegations of mail-in fraud was far too extreme, particularly after most of them have been tallied.
“There is no justification on any level for the radical disenfranchisement they seek,” Boockvar’s lawyers wrote in a brief filed Thursday.
Pennsylvania Attorney General Josh Shapiro, a Democrat, tweeted shortly after Brann’s ruling that “another one bites the dust.”
“These claims were meritless from the start and for an audience of one,” Shapiro said in a statement. “The will of the people will prevail. These baseless lawsuits need to end.”