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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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