Now Donald Trump sues Joe Biden directly in bid to invalidate hundreds of thousands of votes in Wisconsin despite string of court defeats – as Ted Cruz says he’ll argue for the president in the Supreme Court
- Trump’s campaign filed in two heavily Democratic counties that went for Biden
- President-elect Joe Biden won the state by 20,000 votes
- Seeks to toss in-person absentee ballots from two heavily Democratic counties
- Trump allies got blistering rulings in Michigan and Georgia Monday
- Sen. Ted Cruz says he would argue Pennsylvania case before Supreme Court
- Tuesday is the ‘safe harbor’ deadline for resolving election disputes
A flurry of legal challenges by President Trump, his lawyers, and third parties took on a more personal dimension Monday when Donald Trump‘s campaign sued President-elect Joe Biden directly over thousands of votes in Wisconsin.
A suit filed by Trump’s campaign in Milwaukee County – a Democratic county that went heavily for Biden – is titled ‘Donald J. Trump, Michael R. Pence, et al vs. Joseph R. Biden, Kamala D. Harris et al.’
It seeks a judgement from from the county circuit court to ‘set aside’ the board of canvassers’ ‘legal determination that in-person absentee ballots in Milwaukee County should be counted.’
It seeks to set aside the same board of canvassers determination in Wayne County, another county with a large proportion of Democrats and black voters that went heavily for Biden.
A suit filed in Wisconsin is titled: ‘Donald J. Trump, Michael R. Pence, et al vs. Joseph R. Biden, Kamala D. Harris et al’
President Trump claims he ‘won’ the election but has suffered a series of defeats in court
The suit names Joe Biden, who leads Trump by 7 million votes nationally
The counties help hand Biden his 20,000 vote victory in the state.
Notably, the suit seeks to toss absentee ballots in these two Democratic counties – but not in counties that Trump and Pence carried.
The suit comes after Trump allies suffered blistering opinions in two other courts earlier Monday.
Former Trump campaign lawyer Sidney Powell and her allies lost in Michigan just after 9am and Georgia just before midday, with two different federal judges attacking the cases on broad fronts and saying that they did not have ‘standing’ – the legal ability to be brought in the first place – but that if they did they would fail anyway.
‘They want this court to substitute its judgment for two and a half million voters who voted for Joe Biden. And this I am unwilling to do,’ said judge Timothy Batten, a George W. Bush appointee, in a ruling from the bench dismissing a suit there. Biden won the state by nearly 12,000 votes in a count the state certified again Monday after a second recount.
Sen. Ted Cruz said he stands ready to argue the case before the court
Lawyer Sidney Powell’s (r) claim of election fraud in Michigan were taken down in a devastating opinion by a federal judge in Michigan. She is pictured with Trump lawyer Rudy Giuliani, who has been hospitalized with the coronavirus. A judge also tossed out her suit in Georgia Monday
Federal judges slap down ‘Kraken’: Just after 9am, Obama-appointee Linda Parker dismissed the case in Michigan brought by Powell, and said she was trying to undermine the will of the people. Just over two hours later, George W. Bush-appointed Timothy Powell threw out the case in Georgia, without even taking a break after hearing from Powell.
In a 36-page ruling in Michigan, federal Judge Linda V. Parker finds the suit filed by Powell as part of her ‘Kraken’ lawsuits, lacks standing, proposes a remedy it is far too late to enforce – and critically undermines ‘faith in the democratic process.’
‘For these reasons, the Court finds that Plaintiffs are far from likely to succeed in this matter,’ she wrote in a scathing concluding passage.
‘In fact, this lawsuit seems to be less about achieving the relief Plaintiffs seek—as much of that relief is beyond the power of this Court— and more about the impact of their allegations on People’s faith in the democratic process and their trust in our government. Plaintiffs ask this Court to ignore the orderly statutory scheme established to challenge elections and to ignore the will of millions of voters. This, the Court cannot, and will not, do. The People have spoken,’ she wrote.
Biden carried all three states.
In a third state Biden won, Pennsylvania, Texas Sen. Ted Cruz wants to go before the Supreme Court himself to argue, as he advertised on Twitter.
‘Petitioners’ legal team has asked me whether I would be willing to argue the case before #SCOTUS, if the Court grants certiorari’ and accepts the case. ‘I have agreed, and told them that, if the Court takes the appeal, I will stand ready to present the oral argument.’
Cruz argued cases before the high court before he became a senator. He was defeated by Trump in the 2016 primary, and even suffered Trump attacks on his wife and father, but ended up becoming a Trump loyalist and potential 2024 candidate for president.
He added on Twitter that ‘the bitter division and acrimony we see across the Nation needs resolution. I believe #SCOTUS has a responsibility to the American People to ensure, within its powers, that we are following the law and following the Constitution.’
The high court has moved up a deadline for Pennsylvania state officials to respond to the suit, brought by Rep. Mike Kelly (R-Pa.) challenging the state’s mail-in ballots.
Justice Samuel Alito, who is overseeing the case, moved up a deadline until 9 am Tuesday, the ‘safe harbor’ deadline for election challenges. The court would have just a few hours to act on the case.
The Wisconsin suits were filed by local counsel.
Wisconsin Democratic Gov. Tony Evers called the identical Dane County suit ”shocking and outrageous assault on our democracy,’ Law & Crime reported.