WILLIAMSPORT – The US Middle District Court election on Friday added another chapter to the legal battle between President Donald J. Trump’s attorneys and those of Secretary of State Kathy Boockvar.
Trump and his attorney, led by Rudolph Giuliani, the President’s attorney, and Marc Scaringi, a Harrisburg-based attorney, each signed a pleading filed on Friday asking U.S. Judge Matthew W. Brann to oppose the motion of the State to decide on dismissal.
Giuliani and Scaringi have claimed that the defense lawyer must prove that the postal ballots are valid.
“When postal ballots are to be counted, the burden of proof shifts to the defense to prove that the ballots are valid.” said the president’s lawyers.
Their argument is that if, on the eve of the elections, changes to state law governing a presidential election were inappropriate, and if such votes are at least to be counted, then the burden of proof will be shifted to the defendants to prove that the postal vote was valid.
The two Trump attorneys tore apart the state system that Giuliani and Scaringi called “So porous” and there is a lack of checks and balances that it is a case where the electoral process itself reaches the point of patent and fundamental injustice.
The alleged violation led to a challenge to the procedural clause, the lawyers said.
In response, the defense lawyers said that the postal ballot papers, which were valid unless found faulty and cured, were stamped until election day and, based on a decision of the Supreme State Court, are valid and may be counted after election day.
However, Trump team lawyers said the last-minute changes to state election rules were groundbreaking in terms of election day and presidential election results.
“As a result of these last-minute decisions on the eve of the presidential election, the state no longer allowed meaningful observations or challenges to send ballots that did not comply with state law before shuffling them with other ballots and opening them.” Giuliani wrote.
Ballot papers in secret envelopes are separated from the outer envelope, shuffled, counted openly and without observation or challenge, he said.
The state’s Supreme Court also ruled that parties and candidates have no right to meaningfully observe postal ballot acquisitions, Giuliani said.
Giuliani said in numerous motions that he wanted to see the state certify the election results.
According to The Associated Press, Democrat Joe Biden unofficially leads Trump with around 80,000 votes.
Last Tuesday, Brann asked the Trump team in court what justification he had for overthrowing 6.8 million votes. The ballot papers should be certified by the state next Tuesday.
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