(Right Country) – Last week, 3rd Circuit Court of Appeals Judge Stephanos Bibas, who is a Trump appointee, dismissed a Trump campaign lawsuit alleging widespread voter fraud. Judge Bibas threw the case out with dismissive language proving that he, as Kayleigh McEnany pointed out, just didn’t understand the argument that was being presented to him.
Speaking in her capacity as senior adviser to President Trump’s campaign, rather than White House spokeswoman, McEnany assured there is “optimism” among the campaign moving forward even in spite of the two court dismissals in Pennsylvania.
She says that other legal challenges will succeed and the Trump campaign has made it clear they are perfectly content with taking it all the way to the Supreme Court.
In his ruling posted Friday, Bibas wrote that the Trump campaign’s allegations lacked “specific allegations” and “proof.”
He chided the campaign’s suit saying that “Charges of unfairness are serious. But calling an election unfair does not make it so,” before saying that there were neither specific allegations or proof.
McEnany says that the judge simply didn’t understand the allegations and she could very well be right.
In the complaint, the Trump campaign argued specifically that the Pennsylvania Secretary of State, Kathy Boockvar, with some counties, restricted and banned poll watchers while permitting others and allowed some but not all voters to “cure” their ballots.
The campaign claims that these were violations of the 14th Amendment’s equal protection clause. A Pennsylvania judge had previously sided with the Trump campaign in their charges that Boockvar’s last minute rule change as pertaining to ballot curing was unconstitutional.
Perhaps Judge Bibas has not been following along as he rejected these arguments.
In his ruling he further noted that the claims of the Trump campaign aren’t even what he was ruling on. He noted that the claims are not what the case is about but rather “whether the District Court abused its discretion in not letting the campaign amend its complaint a second time,” before claiming, “It did not.”
He went further saying the campaign does not “deserve an injunction” to reverse the state’s certification of its election results. He then asserted that the campaign’s “claims have no merit.”
He says that the number of votes being challenged by the campaign are too small to be relevant and that there weren’t any claims of fraud relating to them.
McEnay, however, said in an interview on Fox & Friends that Bibas just didn’t understand the arguments and then promised to take it to the US Supreme Court.
Co-host Jedediah Bila’s asked how McEnay thinks the SCOTUS will respond in light of Bibas’ dismissal and the fact that it appears that what is being alleged on social media platforms isn’t the same as what’s being alleged in court because there is no evidence.
McEnany replied, “I think this 3rd Circuit Court judge misunderstood the argument because, look, it’s an equal protection argument.”
The Trump campaign is focused on the constitutional argument because voters in the state were clearly given different levels of opportunity to cure their ballots via provisional ballots at voting sites.
McEnany pointed out that if voters were in one of the “seven blue counties” in the state they were given “extraordinary opportunity” to fix their mail-in ballots however everyone in the other 60 mostly Republican counties weren’t afforded that privilege.
“That’s an equal protection violation,” McEnany stated.
She explained that the campaign has a “right to ask these questions” and said they presented affidavits which equate to eyewitness testimony in a court of law, just not Bibas court, apparently.
McEnany is certainly right. The Trump campaign has a right to ask these questions and the American people have a right to be assured that our elections still have integrity.
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