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Republicans condemn 'scheme' to undo election for Trump
Law Firm Press Release | 2021/01/05 14:34
The unprecedented Republican effort to overturn the presidential election has been condemned by an outpouring of current and former GOP officials warning the effort to sow doubt in Joe Biden's  win and keep President Donald Trump in office is undermining Americans’ faith in democracy.

Trump has enlisted support from a dozen Republican senators and up to 100 House Republicans to challenge the Electoral College  vote when Congress convenes in a joint session to confirm President-elect Joe Biden’s  306-232 win.

With Biden set to be inaugurated Jan. 20, Trump is intensifying efforts to prevent the traditional transfer of power, ripping the party apart.

Despite Trump's claims of voter fraud, state officials have insisted the elections ran smoothly and there was no evidence of fraud or other problems that would change the outcome. The states have certified their results as fair and valid. Of the more than 50 lawsuits the president and his allies have filed challenging election results, nearly all have been dismissed or dropped. He’s also lost twice at the U.S. Supreme Court.

On a call disclosed Sunday, Trump can be heard pressuring Georgia officials  to “find” him more votes.

But some senior lawmakers, including prominent Republicans, are pushing back.

“The 2020 election is over,” said a statement Sunday from a bipartisan group of 10 senators, including Republicans Susan Collins of Maine, Lisa Murkowski of Alaska, Bill Cassidy of Louisiana and Mitt Romney of Utah.

The senators wrote that further attempts to cast doubt on the election are “contrary to the clearly expressed will of the American people and only serve to undermine Americans’ confidence in the already determined election results.”

Republican Gov. Larry Hogan of Maryland said, “The scheme by members of Congress to reject the certification of the presidential election makes a mockery of our system and who we are as Americans.”

Former House Speaker Paul Ryan, a Republican, said in a statement that “Biden’s victory is entirely legitimate" and that efforts to sow doubt about the election “strike at the foundation of our republic.”

Rep. Liz Cheney of Wyoming, the third-ranking House Republican, warned in a memo to colleagues that objections to the Electoral College results “set an exceptionally dangerous precedent.”

One of the more outspoken conservatives in Congress, Arkansas Republican Sen. Tom Cotton, said he will not oppose the counting of certified electoral votes on Jan. 6. "I’m grateful for what the president accomplished over the past four years, which is why I campaigned vigorously for his reelection. But objecting to certified electoral votes won’t give him a second term?it will only embolden those Democrats who want to erode further our system of constitutional government.”

Cotton said he favors further investigation of any election problems, separate from the counting of the certified Electoral College results.


Swiss court declines to remove judge from Sun Yang retrial
Law Firm Press Release | 2020/12/24 20:01
A legal challenge by Sun Yang against one of the judges who banned the Chinese swimmer for eight years in a now-overturned ruling has not been accepted by a Swiss federal judge.

Switzerland’s supreme court said Monday it deferred to the Court of Arbitration for Sport to decide if Romano Subiotto is eligible to serve on the judging panel at Sun’s retrial.

Subiotto was picked by the World Anti-Doping Agency last year to sit on the panel of three arbitrators that imposed the ban on three-time Olympic champion Sun for violating rules at a sample collection.

The ban was voided last week by the Swiss Federal Tribunal, whose bench of five judges upheld an appeal by Sun’s lawyers that CAS panel chairman Franco Frattini was biased. It did not consider the merits of the evidence.

Frattini, the former foreign minister of Italy, had posted anti-China comments on social media before Sun’s CAS hearing held in November 2019.

Because the first CAS process was quashed, the federal judge ruled she did not have authority over a request for an arbitrator to be recused, the supreme court said.

Subiotto and the other judge at the original hearing, Philippe Sands, a British barrister selected for the hearing by Sun’s legal team, could be picked for the retrial due next year.

However, Sun’s lawyers would likely object to them ? at a CAS panel that assesses such challenges ? because they were already part of a unanimous 3-0 verdict against him.

Sun’s lawyers have consistently objected to lawyers involved in the case.

Subiotto was selected by WADA after its original choice stepped aside during repeated challenges by Sun’s lawyers, and WADA’s American lead prosecutor stayed on the case despite a failed appeal to federal court  that he had an alleged conflict of interest.

The retrial faces a tight schedule and complications during the coronavirus pandemic to be decided before the Tokyo Olympics.

The 29-year-old Sun is the current world champion in the men’s 400-meter freestyle, which is among the first Olympic events scheduled to begin competition on July 24.


Trump wants Supreme Court to overturn Pa. election results
Law Firm Press Release | 2020/12/21 18:17
Undeterred by dismissals and admonitions from judges, President Donald Trump’s campaign continued with its unprecedented efforts to overturn the results of the Nov 3. election Sunday, saying it had filed a new petition with the Supreme Court.

The petition seeks to reverse a trio of Pennsylvania Supreme Court cases having to do with mail-in ballots and asks the court to reject voters’ will and allow the Pennsylvania General Assembly to pick its own slate of electors.

While the prospect of the highest court in the land throwing out the results of a democratic election based on unfounded charges of voter fraud is extraordinary unlikely, it wouldn’t change the outcome. President-elect Joe Biden would still be the winner even without Pennsylvania because of his wide margin of victory in the Electoral College.

“The petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements,” Trump attorney Rudy Giuliani said in a statement.

He is asking the court to move swiftly so it can rule before Congress meets on Jan. 6 to tally the vote of the Electoral College, which decisively confirmed Biden’s win  with 306 electoral votes to Trump’s 232. But the justices are not scheduled to meet again, even privately, until Jan 8, two days after Congress counts votes.

Pennsylvania last month certified Biden as the winner of the state’s 20 Electoral College votes after three weeks of vote counting and a string of failed legal challenges.

Trump’s campaign and his allies have now filed roughly 50 lawsuits alleging widespread voting fraud. Almost all have been dismissed or dropped because there is no evidence to support their allegations.

Trump has lost before judges of both political parties, including some he appointed. And some of his strongest rebukes have come from conservative Republicans. The Supreme Court has also refused to take up two cases  decisions that Trump has scorned.

The new case is at least the fourth involving Pennsylvania that Trump’s campaign or Republican allies have taken to the Supreme Court in a bid to overturn Biden’s victory in the state or at least reverse court decisions involving mail-in balloting. Many more cases were filed in state and federal courts. Roughly 10,000 mail-in ballots that arrived after polls closed but before a state court-ordered deadline remain in limbo, awaiting the highest court’s decision on whether they should be counted.

The Trump campaign’s filing Sunday appears to target three decisions of Pennsylvania’s Democratic-majority state Supreme Court. In November, the state’s highest court upheld a Philadelphia judge’s ruling that state law only required election officials to allow partisan observers to be able to see mail-in ballots being processed, not stand close enough to election workers to see the writing on individual envelopes.

It also ruled that more than 8,300 mail-in ballots in Philadelphia that had been challenged by the Trump campaign because of minor technical errors ? such as a voter’s failure to write their name, address or date on the outer ballot envelope ? should be counted. In October, the court ruled unanimously that counties are prohibited from rejecting mail-in ballots simply because a voter’s signature does not resemble the signature on the person’s voter registration form.

The Pennsylvania Republican Party has a pending petition on the state’s mail-in-ballot deadline in which the party specifically says in its appeal that it recognizes the issue will not affect the outcome of the 2020 election.



Wisconsin high court declines to hear Trump election lawsuit
Law Firm Press Release | 2020/12/03 16:19
A divided Wisconsin Supreme Court on Thursday refused to hear President Donald Trump’s lawsuit attempting to overturn his loss to Democrat Joe Biden in the battleground state, sidestepping a decision on the merits of the claims and instead ruling that the case must first wind its way through lower courts.

In another blow to Trump, two dissenting conservative justices questioned whether disqualifying more than 221,000 ballots as Trump wanted would be the proper remedy to the errors he alleged.

The defeat on a 4-3 ruling was the latest in a string of losses for Trump’s post-election lawsuits. Judges in multiple battleground states have rejected his claims of fraud or irregularities.

Trump asked the Wisconsin Supreme Court to disqualify more than 221,000 ballots in the state’s two biggest Democratic counties, alleging irregularities in the way absentee ballots were administered. His lawsuit echoed claims that were earlier rejected by election officials in those counties during a recount that barely affected Biden’s winning margin of about 20,700 votes.

Trump's attorney Jim Troupis said he would immediately file the case in circuit court and expected to be back before the Supreme Court “very soon.”

“It was clear from their writings that the court recognizes the seriousness of these issues, and we look forward to taking the next step,” he said in a statement. Trump’s team made the filing late Thursday evening.

In asking the conservative-controlled Wisconsin Supreme Court to take the case directly, Trump had argued that there wasn’t enough time to wage the legal battle by starting with a lower court, given the looming Dec. 14 date when presidential electors cast their votes.

Swing Justice Brian Hagedorn joined three liberal justices in denying the petition without weighing in on Trump’s allegations. Hagedorn said the law was clear that Trump must start his lawsuit in lower courts where factual disputes can be worked out.

“We do well as a judicial body to abide by time-tested judicial norms, even ? and maybe especially ? in high profile cases,” Hagedorn wrote. “Following this law is not disregarding our duty, as some of my colleagues suggest. It is following the law.”

Trump filed a similar lawsuit in federal court on Wednesday. Chief Justice Patience Roggensack, in a dissent where she was joined by Justice Annette Ziegler, said she would have taken the case and referred it to lower courts for factual findings, which could then be reported back to the Supreme Court for a ruling.


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