| Pennsylvania Election
Argument Turns From Kirkland Call to Irish Pub
Thursday Hearing Off
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
FEDERAL COURT,
Nov 17– In the case of Donald
J. Trump for
President v.
Boockvar, et
al., Judge
Matthew W.
Brann held a
proceeding
until nearly 7
pm on November
17, in
Williamsport
in the Middle
District of
Pennsylvania.
Inner City
Press turned
from Chinese
spy &
Kooda
B to live
tweet to the
end:
... Giuliani: You
can't have a system to cure in
Philadelphia but not in
Lancester County... That's
Bush v. Gore, an equal
protection issue.
Judge Brann: How
did the Secretary's action
impact these individual voters
in Lancaster County? Isn't the
remedy in the state court in
Lancaster?
A: We're here
with an equal protection
argument for all citizens of
the Commonwealth. Voters were
treated differently.
Judge Brann: Is
the campaign bringing its own
equal protection claim? Or is
it derivative?
A: If every voter
in this state had an ability
to cure, or if no one had an
ability to cure, the results
could have been very, very
differently. And so the
campaign is injured.
Judge Brann: Why
does the campaign have
standing, to vindicate the
rights of individuals?
Giuliani: The
Secretary gave selective and
ambiguous advice. If you're in
a Republican county and you
get her memo, you have a
problem. You say, the
legislature didn't make this
change, to cure ballots...
Running an election like this
violated due process as well.
Judge Brann:
Beyond competitive standing
itself, is the campaign
raising any other theories of
standing?
Giuliani: We were
treated different than the
candidate on the other side.
We're alleging violation of
equal protection. In most
counties there was rigid
inspection. But not in the
Biden counties.... The
Secretary came up with a
concept you could sure
ballots. No one thought to go
back to the Legislature with
it.
Judge Brann:
Let's turn to the merits. What
standard should I apply? For
strict scrutiny to apply, a
fundamental right has be
burdened. How is it?
Giuliani: Mr.
Henry made a mistake -
Judge Brann: So
his right to vote was
burdened?
A: He wasn't
given the right to cure.
Giuliani: Either
they should have been allowed
to cure, or no one should have
been allowed to cure.
Judge Brann: If I
conclude that rational basis
standard applies- why don't
the defendants' actions
satisfy that standard?
Giuliani: These
differences are not rational.
Judge Brann: So
are you going to file an
amendment complaint? I don't
think there's going to be
concurrence.
Giuliani: We have
file a motion for leave by
tomorrow morning... No, I'm
told we need until 5 o'clock.
Judge Brann:
Tomorrow at 5 pm in fine.
Discovery, I'll take under
advisement. Last issue - was
this guy in your Abu Dhabi
office? This voice mail, it's
bad form. Not sanctionable,
but don't do it again. It was
a harassing call. I'm here for
the main event.
Ms. Kerns: I'm
getting 100s of these calls.
But when one comes from
Kirkland & Ellis... I've
represented people in small
claims court, this shouldn't
happen to anyone. I want
people to understand how this
impact.... Mr. Donovan has not
apologized, nor has the man
whose name I'm not giving out.
Q: Does your
Honor have a problem with the
lawyers here commenting?
Judge Brann: No.
And there's no hearing on
Thursday. It's not needed at
this juncture. It's under
advisement.
Giuliani: She's
been under attack--
Judge Brann: The
word I would use would be
mockery.
Giuliani:
Original counsel also was kind
of forced off the case.
Judge Brann: They
didn't say that in their
motion. But I agree, you
should be able to represent
your clients.
[Court reporter
stops. But not Inner City
Press]
Judge Brann: If
you're staying over in
Williamsport, go to one of our
restaurants. There is a
culinary school here. Run by
Penn State. It's not Hyde Park
but it's good. There are good
restaurants here, better than
Harrisburg....
There's also an
old hotel, arts and craft
style dining room. There's
also Barrel 135 (sp). It's a
martini bar, there's art on
the wall you'd never ever
purchase. There a high end
Italian restaurant. There's an
Irish pub, on 4th and
Williams. There's a brew pub,
they make their own beer and
sandwiches. You could go to
Wegman's then go sit in your
room. But go out to dinner,
Giuliani and Donovan. Thank
you counsel, have a good
night.
The case is
Donald J. Trump for President
v. Boockvar, et al.,
4:20-CV-02078 (Brann)
***
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