關於川普律師團隊在美國高院巡回法庭的上訴案件

樓主 / 春月

今天稍微看了一下案件的細節。感覺川普律師團隊的訴求挺奇葩的。

To sum up this case. The argument is that because two voters (the plaintiffs) did not get to cure their votes, their votes did not get counted therefore all votes in Pennsylvania need to be tossed. The judge pointed out the correct remedy would be to allow the two votes to be counted instead of trashing 7 million votes. An analogy I saw someone else make is Trump's legal team is arguing that if the defendant damaged my car the remedy is not to have the car fixed but to have the defendant damage all of the cars in Pennsylvania. Further Trump's team is arguing that the votes for president are unconstitutional and illegitimate but the votes for all of the down ballot candidates are legal and should be counted. So the same act is both unconstitutional and constitutional at the same time. Finally the original complaint is that Democratic counties allowed their voters to cure their ballots , but that Republican counties did not even though the Secretary of the State of Pennsylvania told all counties that they could help their respective voters to cure the ballot. So the Judge also wondered why the Republican Counties were not being sued since they are the ones that disenfranchised the voters by not allowing them to cure their votes. So is anyone crossing their fingers that the Appeals Court will over turn the judgement.

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第 2 樓 / 春月

而且，川普律師團隊並沒有上訴要求高院推翻賓州法院的裁決。而只是要求高院告訴地方法官，允許他們在地方法院修改起訴案件的訴求。
之前，賓州法院的法官煩了他們老是把訴求改來改去，所以不允許他們改了。現在他們上訴要求允許他們改。

An expedited review means we'll have a decision by the end of the week. By the way, before you get too excited, the Trump Campaign is NOT asking the Third Circuit Court of Appeals to overturn the Pennsylvania election result. Read the last 3 paragraphs of the article. The Trump campaign is simply appealing on the basis that the lower Court did not allow the Trump Campaign to amend their complaint. The Trump campaign is only asking the Third Circuit to send the matter back down to the lower court to have another hearing based on an amended complaint.

Trump's argument on appeal is basically that it was "unfair" of the district court judge not to allow backsies and undo amendments to the complaint, FILED BY THE TRUMP LEGAL TEAM, which narrowed the scope thereof (eliminating 5 of the 7 counts).The judge did not take too kindly to Trump's wasting time by repeatedly flip-flopping both legal counsel and legal arguments. As a result, the judge denied the second amendment to the complaint and dismissed the lawsuit with prejudice.

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