Whoa.

Courts take a lot of pride in being reserved, stiff upper lip-types, that never really show any emotion, just rule and get out of it. But every once in a while they get a little bit angry, especially when having to work over a Thanksgiving weekend on a case that is so ridiculous it is embarrassing. In those conditions, one can expect something that may *ahem, deviate from the norm. It is also fun to point out that even though three judges hear the case and all vote on the merit (it was 3-0) it was a Trump appointed judge who wrote the opinion. From the New York Times:

The 21-page ruling by the Third Circuit Court of Appeals was a complete repudiation of Mr. Trump’s effort to halt Pennsylvania’s certification process and a full-throated affirmation of a decision last Saturday by Judge Matthew W. Brann of Federal District Court in Williamsport, Penn., who dealt the Trump campaign its initial defeat in the case.

“Complete” is New York Times language for embarrassing the people that filed it.

“Free, fair elections are the lifeblood of our democracy,” Judge Stephanos Bibas, a Trump appointee, wrote on behalf of the appeals court. “Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here.”

“You’re killing our country’s democracy and you got nuthin’ to back it up. Shame on you.”

The funniest, or saddest, part was the response. Sidney Powell (Trump’s “sorta” attorney) and Rusty-faced Rudy angrily declared that they’re tired of “activist judges” getting in the way of stealing a damned election! These are the people that brought the case to court, the court said “no.” How is that “activism?”

They tweeted:

Ms. Ellis accused “the activist judicial machinery in Pennsylvania” of covering up “allegations of massive fraud” despite the fact that all three judges on the panel were appointed by Republicans.But given the narrow way the Trump campaign structured its appeal, it would not get much even if the U.S. Supreme Court granted its proposed request to reverse the Third Circuit.

.@RudyGiuliani and me on Third Circuit’s opinion:

The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud.

We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature.

On to SCOTUS!

— Jenna Ellis (@JennaEllisEsq) November 27, 2020

The Daily Beast pointed out the section that discussed the sweeping remedy Trump’s team asked for. It is breathtaking:

“Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised. So we deny the motion for an injunction pending appeal.”

Wrong. They lost because they don’t have anything at all except yelling. Now Trump has to ask the SCOTUS to hear the case and it’s far more likely (In our opinion) they say “no” than yes.

****

Peace, y’all
Jason
[email protected] and @JasonMiciak