As you remember, Judge Brann in Federal District Court in Pennsylvania basically laughed Giuliani out of court on Saturday. Team Trump filed a Motion for Expedited Appeal of that decision to the Third Circuit Court on Appeals on Sunday. Giuliani then filed an Amended Motion for Expedited Appeal on Monday morning because he fucked up the Sunday motion, arguably waiving his right to appeal substantive matters. Giuliani's brief was due at 4:00 pm on Monday. He missed the deadline, filing the brief at 4:19 pm. No word on whether they spell checked the brief this time around. Also no word on whether the Third Circuit Court of Appeals will accept the late-filed brief. The Pennsylvania Secretary of State's brief is due Tuesday at 4:00 pm.
So you may ask what exactly is Team Trump appealing? Well, they are appealing Judge Brann's ruling, not on the merits of the case, but that procedurally Team Trump couldn't file a Second Amended complaint to put back in a bunch of stuff they took out of their original Complaint when they filed their First Amended Complaint when Giulani joined the litigation and the original Trump lawyers bowed out. Essentially, Giuliani is asking the Third Circuit Court of Appeals for a do-over of a do-over. Why? Because they got laughed out of court on the stuff they alleged in First Amended Complaint and they need to argue the stuff that they took out of the original Complaint because otherwise they've got nothing.
In the event the Third Circuit Court of Appeals rules in their favor, they can file the Second Amended Complaint and start all over in front of Judge Brann with what they had before Giuliani joined the circus. Notice that this is not forward motion. In the event the Third Circuit Court of Appeals rules against them, they can appeal to the Supreme Court. In the event the Supreme Court rules in their favor, they can file the Second Amended Complaint and start all over in front of Judge Brann. Notice again that this is not forward motion. In the event the Supreme Court rules against them, they are going to have to file another lawsuit in some other federal district court somewhere. Notice again again that this is not forward motion. Of course, the Supreme Court doesn't have to accept the case, in which event the Third Circuit's ruling against Team Trump would stand. Or the Supreme Court could dither around and neither accept nor deny the opportunity to consider the Third Circuit's ruling, in which event, Team Trump will remain in limbo.
Do you remember when I said that Giuliani arrived in his clown car last Monday to take over the case. This is what I meant by clown car. On Saturday, I referred to Giuliani's lawyering skills as half-ass. They have gone down hill, and are now, as Chris Christie said Sunday on TV, "a national embarrassment". That is because Chris Christie couldn't say "chickenshit" on TV.
Sidney Powell, who is no longer on Team Trump's "elite strike force" legal team because her conspiracy theories are too far off the wall even for Trump, said she will file her "release the Kraken" lawsuit somewhere, who knows where, this week. Or maybe the week after. Or maybe never.
Meanwhile Georgia and Michigan certified their election results on Monday, and the clock keeps ticking.
I wonder what happened to old Hunter Biden's laptop, you know, the one with videos of him sexually abusing underage Chinese girls? Giuliani must have left in in his clown car.
