President’s attorney Rudy Giuliani speaks to the media at a news conference held in the back parking lot of the landscaping company in Philadelphia, Pennsylvania on November 7, 2020.
Chris McGrath | Getty Images
President Donald Trump’s personal attorney Rudy Giuliani on Tuesday asked a judge to appear in court for a hearing on a lawsuit designed to prevent Pennsylvania from confirming its election results, which include a planned victory for President-elect Joe Occupy Biden.
Giuliani’s last-minute petition for inclusion came after two lawyers for Trump’s re-election campaign closed the case last week.
It also came after a federal judge denied a new attorney’s motion to postpone Tuesday’s hearing, which is scheduled for 1:30 p.m. ET.
Giuliani, a former New York City mayor and federal attorney, is currently not admitted to the Pennsylvania federal court bar. Therefore, he needs the judge’s permission to appear on the case.
On the same day that Biden was supposed to win the election, Giuliani chaired a much derided press conference outside Four Seasons Total Landscaping, a small Philadelphia company located between a crematorium and a sex shop. Trump originally announced that the press would take place at the Four Seasons, the name of an upscale hotel, before pointing out the actual location in a subsequent tweet.
Giuliani spoke at a lectern in the back lot of the landscaping company, attacked Philadelphia for a “sad story” of election fraud, and ridiculed journalists for telling him that news agencies had scheduled the race for Biden.
Trump said last week that New York-based Giuliani would lead his campaign efforts in multiple states to challenge ballots and reverse Biden’s victory.
Those efforts have so far failed, and legal and electoral analysts have said Trump appears to have little chance of winning enough cases and invalidating enough ballots in enough states to win a second term in the White House.
Election worker Angela Steele manned the check-in desk near rows of empty ballot boxes in the Allegheny County’s election camp after the election in Pittsburgh, Pennsylvania, the United States, on November 6, 2020.
John Altdorfer | Reuters
A new attorney in the Pennsylvania lawsuit, Marc Scaringi, who is also a talk radio host, said on his Nov. 7 broadcast before joining the team attempting to reverse Biden’s proposed election victory “will not work.”
That was the same day NBC News and other media outlets launched the national election for Biden after predicting that he would win the Pennsylvania Electoral College’s 20 votes.
The lawsuit, filed last week in the US District Court for the Middle District of Pennsylvania, alleges that a number of counties rated postal ballots on a “completely parallel track to the personally-cast ballot papers.”
It is also alleged that a number of democratic counties illegally checked mail-in ballots sooner than they should, giving voters additional time to “heal” problems with their ballot papers.
On Sunday, the Trump campaign changed its complaint, abandoning claims that election officials in certain districts prevented some observers from watching ballot counts.
Less than a week before Tuesday’s hearing, attorneys for Porter Wright Morris & Arthur’s Trump campaign team had pulled out of the case.
“The plaintiffs and Porter Wright have mutually agreed that the plaintiffs will be best served if Porter Wright resigns,” said these attorneys in a court case.
On Monday, three other lawyers asked the judge to let them leave the case.
US District Court judge Matthew Brann granted the motion for two of them – John Scott and Douglas Hughes, both of whom are Texas residents.
However, the judge was silent on the motion from Linda Kerns, a Philadelphia-based attorney whose practice previously specialized in family law matters.
Scaringi, the attorney who also has a radio show, then joined the Trump campaign legal team.
Hours later, Scaringi asked Brann to postpone Tuesday’s oral presentation and an evidence hearing scheduled for Thursday.
“Having only retained the plaintiffs’ new attorney today, he needs additional time to adequately prepare this case for the upcoming hearing and evidence hearing,” Scaringi wrote in a court case.
“Furthermore, this is a case of considerable complexity and concern to the people of the United States of America,” wrote Scaringi.
Brann immediately denied the request.
“The parties’ lawyer is expected to be prepared for dispute and questioning,” the judge wrote in an order on Monday evening.