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Federal appeals court denies Trump campaign effort to revive Pennsylvania lawsuit saying ‘claims have no merit’

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A federal appeals court on Friday denied the Trump campaign’s effort to revive a federal lawsuit challenging the election results in Pennsylvania, ruling “the claims have no merit.”

A panel of three judges for the Third Circuit Court of Appeals denied the request by the Trump campaign, led by Rudy Giuliani, to amend its lawsuit, which had been previously rejected.

“The Campaign never alleges that any ballot was fraudulent or cast by an illegal voter,” wrote Judge Stephanos Bibas, a Trump appointee, for the panel. “It never alleges that any defendant treated the Trump campaign or its votes worse than it treated the Biden campaign or its votes. Calling something discrimination does not make it so. The Second Amended Complaint still suffers from these core defects, so granting leave to amend would have been futile.”

“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,” the judges added in their opinion.
The President and some of his allies have been questioning the legitimacy of the 2020 election, saying without evidence that it was fraudulent and seeking to use legal battles to overturn results in key states. Most recently, a handful of Pennsylvania Republicans, alongside Giuliani, held a “hearing” in Gettysburg on Wednesday over their baseless allegations of voter fraud.

The judges also rejected the President’s motion to undo Pennsylvania’s certification of votes. The Keystone state on Tuesday certified its general election results, formally awarding President-elect Joe Biden 20 electoral votes.
“The Campaign’s claims have no merit. The number of ballots it specifically challenges is far smaller than the roughly 81,000-vote margin of victory. And it never claims fraud or that any votes were cast by illegal voters. 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,” the judges wrote.

Biden campaign spokesperson Mike Gwin, following the federal appeals court decision, said that “this election is over and Donald Trump lost” and argued “meritless lawsuits” will not change the outcome.

“Desperate and embarrassingly meritless lawsuits like this one will continue to fail and will not change the fact that Joe Biden will be sworn in as President on January 20, 2021,” added Gwin.
Jenna Ellis, an attorney for Trump’s campaign, said on Twitter following the ruling that “the activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud,” and pledged to take the case to the Supreme Court.

The President’s campaign had appealed a scathing ruling last weekend when Judge Matthew Brann threw out the lawsuit ruling it could not be amended and refiled.

Brann compared it to “Frankenstein’s monster … haphazardly stitched together,” and slammed the request to disenfranchise nearly seven million voters in a complaint littered with “strained legal arguments without merit and speculative accusations.”

The appeals court referenced the Trump campaign’s multiple attempts to alter its lawsuit and praised Brann’s handling of the matter. State and local election officials have said there is no evidence of widespread voter fraud, and both a federal court and the Pennsylvania Supreme Court have dismissed lawsuits seeking to prevent the state from certifying the results of the election.

“We commend the District Court for its fast, fair, patient handling of this demanding litigation,” the panel wrote.

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‘QAnon Shaman’ Jake Angeli charged over pro-Trump riots

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A prominent follower of the baseless conspiracy theory QAnon has been charged over the US Capitol riots.

Jacob Anthony Chansley, known as Jake Angeli, is in custody on charges including violent entry and disorderly conduct.

Mr Chansley, who calls himself the QAnon Shaman, is allegedly the man pictured with a painted face, fur hat and horns inside Congress on Wednesday.

Donald Trump faces another impeachment charge for his role in the unrest.

Democrats accuse the president of encouraging the riots, in which five people died.

The FBI has been appealing to the public to help bring the assailants to justice.

Mr Chansley has not commented publicly on the charges.

A statement from the federal attorney for Washington DC said: “It is alleged that Chansley was identified as the man seen in media coverage who entered the Capitol building dressed in horns, a bearskin headdress, red, white and blue face paint, shirtless, and tan pants.

“This individual carried a spear, approximately 6 feet in length, with an American flag tied just below the blade.”

The statement said police had also detained a man from Florida believed to have been photographed carrying House Speaker Nancy Pelosi’s lectern from the House of Representatives chamber.

Adam Johnson, 36, is being held on charges including one count of theft of government property and one count of violent entry.

Also among those charged is West Virginia lawmaker, Derrick Evans. He is alleged to have posted a video of himself online, standing outside the building with Trump supporters, and then going inside.

He was arrested on Friday and is also accused of violent entry and disorderly conduct on Capitol Grounds, the Department of Justice statement said.

More than a dozen people have now been charged in offences related to the assault on the Capitol building. They include an Alabama man allegedly found with 11 Molotov cocktails near the unrest.

Mr Trump is due to leave office in 11 days. Democrats in the House of Representatives plan to introduce an article of impeachment against him on Monday, for “incitement of insurrection”.

A White House spokesperson said impeaching the president at this late stage would only further divide the country.

Read from source: https://www.bbc.com/news/world-us-canada-55606044

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US election: Trump tells Georgia election official to ‘find’ votes to overturn Biden win

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US President Donald Trump has been recorded telling Georgia’s top election official to “find” enough votes to overturn the election result.

“I just want to find 11,780 votes,” Mr Trump told Republican Secretary of State Brad Raffensperger in a recording released by the Washington Post.

Mr Raffensperger is heard replying that Georgia’s results were correct.

Mr Biden won Georgia alongside other swing states, winning 306 electoral college votes to his Mr Trump’s 232.

Since the 3 November vote, Mr Trump has been alleging widespread electoral fraud without providing any evidence.

He tweeted on Sunday that Mr Raffensperger had not given details of the fraud the president alleges. “He has no clue!” the president tweeted.

All 50 states have certified the election result, some after recounts and legal appeals. So far, US courts have rejected 60 challenges to Mr Biden’s win.

Congress is due to formally approve the election result on 6 January.

Mr Biden, a Democrat, is due to be inaugurated as president on 20 January.

Voters in Georgia are due to vote again on Tuesday to elect two senators for the state. The result could determine the balance of power in the Senate – if the two Democrat contenders win, then there will be equal numbers of Republican and Democratic senators and Democratic Vice-president-elect Kamala Harris will have the deciding vote.

Mr Biden’s Democrats already control the lower House of Representatives.

What happened during the call?

In the excerpts released by Washington Post, Mr Trump can be heard alternately cajoling and pressurising Georgia’s secretary of state.

He insisted that he had won the election in Georgia and told Mr Raffensperger that there was “nothing wrong with saying you have recalculated”.

Mr Raffensperger responded by saying: “The challenge you have Mr president is that the data you have is wrong.”

Later in the call Mr Trump said the rumour was that ballots had been shredded and voting machinery had been removed from Fulton County in the state – a charge Mr Raffensperger’s lawyer said it was not the case.

The president then threatened the official with possible legal consequences.

“You know what they did and you’re not reporting it. That’s a criminal offence. You can’t let that happen. That’s a big risk to you and to Ryan, your lawyer,” Mr Trump said.

He told Mr Raffensperger he should re-examine the result in the state.

“You can re-examine it, but re-examine it with people who want to find answers, not people who don’t want to find answers,” he said.

“Mr President, you have people who submit information and we have our people that submit information and then it comes before the court and the court has to make a determination,” Mr Raffensperger replied. “We have to stand by our numbers, we believe our numbers are right.”

 

Read from source: https://www.bbc.com/news/election-us-2020-55524838

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Fact-checking Trump’s conspiracy theory connecting Georgia’s secretary of state to China

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In the waning days of his presidency, Donald Trump continues to spread nonsense conspiracies over the 2020 election and the officials who oversaw it, attacking Georgia’s governor and secretary of state on Twitter Tuesday.

Following Secretary of State Brad Raffensperger’s announcement that a ballot signature match audit found no evidence of absentee voter fraud in Cobb County, Georgia, Trump tweeted a conspiracy theory linking Raffensperger to the Chinese government.
Trump tweeted that Raffensperger has a brother who “works for China,” insinuating some nefarious, pro-China plot to have Trump lose the race in Georgia.
“Now it turns out that Brad R’s brother works for China, and they definitely don’t want ‘Trump’. So disgusting!” the President tweeted after attacking Georgia’s Republican Gov. Brian Kemp.
Facts First: This is false. A spokesperson for Raffensperger told CNN that the secretary of state has no siblings who work for China, as Trump baselessly alleged.
“There are no relatives who work for China or are affiliated with China,” said Georgia Deputy Secretary of State Jordan Fuchs.
Though it’s unclear exactly where Trump is getting the idea that Raffensperger’s brother works for China, it’s possible he is picking up on a false conspiracy theory spread by former political consultant Dick Morris, who made the allegation during an interview on Newsmax Tuesday evening and on his personal website.
In the interview, Morris leveled several false or misleading accusations against Raffensberger, including that Raffensperger is related to Ron Raffensperger, the chief technology officer of the Chinese company Huawei Enterprise Storage Solutions. Fuchs said that the secretary of state does not have a sibling named Ron.
Georgia Public Broadcasting reported Wednesday “public documents and records [show] that Raffensperger does have four siblings, including a brother, but none of them are named Ron, none work for Chinese technology companies.”
Morris also falsely accused Raffensperger of standing in the way of recounts and refusing to verify signatures. Georgia conducted a statewide audit, hand-counting about 5 million ballots and Raffensperger oversaw an additional recount. And in addition to the state’s existing signature verification process that occurs twice in the case of absentee ballots requested by mail, Raffensberger announced his office would help conduct a signature match audit statewide to further verify signatures on absentee ballots.
In a statement, Newsmax told CNN:
“Newsmax has never made any claim of impropriety by Georgia Sec. of State Brad Raffensperger or any member of his family. On Tuesday night, while appearing on the network, commentator Dick Morris claimed he was reporting on Dickmorris.com an allegation that Raffensperger had a brother who worked at a Chinese company. This claim was apparently inaccurate. During the segment the Newsmax host was highly skeptical of Mr. Morris’ claims and suggested there was no evidence behind Mr. Morris’ assertion, and specifically asked Mr. Morris to provide evidence of his claim.”
CNN has attempted to reach Morris for comment but has yet to receive a response.

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