Giuliani heads up Trump’s new legal wiz team

Former New York mayor Rudy Giuliani, a lawyer for President Donald Trump, pauses as he speaks during a news conference on legal challenges to vote counting in Pennsylvania, Saturday Nov. 7, 2020, in Philadelphia. The press conference took place in the parking lot of Four Seasons Total Landscaping, which monopolized on the event with some satirical political merchandise. | AP

A court hearing on the Trump campaign’s federal lawsuit seeking to block Pennsylvania election officials from certifying the Biden victory in their state will move forward today after the judge quickly denied Trump’s new campaign attorney’s request for a delay.

Judge Matthew Brann of the U.S. Middle District Court of Pennsylvania, informed Trump’s lawyers, and the counties and state election official, Kathy Boockvar, that they must show up in court on time, and “be prepared for argument and questioning.”

Trump is a man determined to avoid a concession speech and admitting defeat. This aptly sums up Donald Trump in the days following his electoral college loss to the Democratic ticket of Biden-Harris.

Were this a Buster Keaton silent comedy, Trump’s ranting and flailing and crocodile tears would bring laughter to the audience. Unfortunately, this is no laughing matter. And we are slowly crossing the line from pollical posturing to a one-term president hellbent on undermining democracy and the incoming Biden-Harris Administration.

From a legal viewpoint, how do we know this?

Trump, via Twitter on Nov.14, put his attorney Rudy Giuliani in charge of his failing post-election legal challenges:

“I look forward to Mayor Giuliani spearheading the legal effort to defend OUR RIGHT to FREE and FAIR ELECTIONS! Rudy Giuliani, Joseph diGenova, Victoria Toensing, Sidney Powell, and Jenna Ellis, a truly great team, added to our other wonderful lawyers and representatives!”

The move by Trump follows a series of losses for Trump in court Friday, Nov. 3, as nine cases in battleground states—Pennsylvania, Arizona, and Michigan—were denied, or withdrawn in a single day.

Giuliani, like Trump, has been instrumental in tainting this election with unfounded conspiracy theories, and blaming all who say Biden and Harris won a free and fair election; not to mention one of the most secure elections in modern history.

“The media has tried to call the election, and they don’t have a legal right to call the election. It only, it gets decided by our electors, not by NBC, CBS, MSNBC, CNN, and even Fox,” he contended. “You don’t get the right to call it. I don’t get the right to call it. So he’s contesting it vigorously.”

Note his mention of “electors,” not the people, as the deciders.

And as time moves on, and the countdown to vacate the White House inches closer to zero, Trump has moved away from just blaming mail-in ballot fraud for his loss, to say the election was “stolen from him” by a left-wing software firm connected to Hugo Chavez and George Soros which purposefully stole thousands of votes meant for him under cover of night.

Of course, Giuliani will mimic this, and will become a part of his new slash and burn legal strategy—something Trump, unhinged, as usual, will appreciate from his attorney.

“I can’t imagine that a rational person” in the general public “wouldn’t be adversely affected by the way he conducts himself,” said Barry Richard, who represented George W. Bush in the 2000 Florida recount.

As of Tuesday morning, Giuliani petitioned the U.S. Federal District Court for the Middle District of Pennsylvania to admit him into practice before that court and said in earnest he would: “Treat with civility and respect the lawyers, clients, opposing parties, the court, and all the officials with whom I work. Professional courtesy is compatible with vigorous advocacy and zealous representation. Even though antagonism may be expected by my client, it is not part of my duty to my client.”

Giuliani is speaking of his client Trump and the petty temper tantrums which follow court hearings and dismissed lawsuits.

Today’s hearing is set for 1:30 pm EST.

The Trump campaign filed an amended complaint in the Pennsylvania case, Sunday, Nov. 15, dropping most of the allegations tied to observers claiming they were unconstitutionally prevented from viewing the counting process. Instead, it now relies on how some counties allowed voters to “cure” deficient ballots while others did not.

Even if the Trump campaign were to win this, and that’s quite a long shot, it wouldn’t affect the number of votes enough to swing the election into Trump’s corner.

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CONTRIBUTOR

Al Neal

Award winning journalist Al Neal is PW associate editor for labor and politics. He is also the chief photographer for People's World. He is a member of the Chicago News Guild, Society of Professional Journalists, Professional Photographers of America, National Sports Media Association, and The Ernest Brooks Foundation.