Rudy Giuliani and the Trump legal team didn’t gather mountains of evidence and head to hearings in battleground states just to quit after a Hail Mary case in the Supreme Court wasn’t even given a hearing.
Rudy Giuliani, who leads Trump’s legal effort, told Newsmax on Friday that the case wasn’t rejected on the merits, but rather on standing.
“So the answer to that is to bring the case in the district court by the president, by some of the electors, alleging some of the same facts where there would be standing, and therefore get a hearing,” he said.
Alleging there was widespread voter fraud that cost him the election, Trump himself motioned to intervene in the Texas case, claiming through attorneys on Wednesday that the case was a federal issue because it violated the Electors Clause of the Constitution.
“Originally we thought about this as possibly four or five separate cases. So that’s the option we’re going to have to go to. There’s nothing that prevents us from filing these cases immediately in the district court,” Giuliani said.
“We’re not finished, believe me,” he said at the end of the interview with a laugh.
Jenna Ellis, another member of the Trump legal team who appeared on Newsmax right after Giuliani, said a second major facet of their strategy is to convince legislatures in these battleground states to “reclaim their delegates.”
Time is running out as states have certified their votes and the Electoral College meets in a few days. But the Trump team believes they still have time to act, signaling they’ll continue the fight into January.
Giuliani and Ellis argue that the president’s legal team still has time to make its various cases to courts, basing its argument on a dissent given by the late liberal Associate Justice Ruth Bader Ginsburg in the 2000 case Bush v. Gore, which granted the presidency to Republican George Bush over Democrat Al Gore.
“But none of these dates has ultimate significance in light of Congress’ detailed provisions for determining, on ‘the sixth day of January,’ the validity of electoral votes,” Ginsburg wrote.
The Supreme Court dealt a significant blow to the president’s reelection chances on Friday by declining to hear a Texas lawsuit seeking to overturn the results of the election in key swing states, including Pennsylvania, Georgia, Wisconsin, and Michigan.
Rudy Giuliani says on Newsmax the legal path after the Texas lawsuit rejected by SCOTUS now is to bring the case in the district court by the president, by the electors to bring the same facts "where there would be standing."
— Daniel Chaitin (@danielchaitin7) December 12, 2020
SCOTUS does not want this mess. I’ve said it before. They are throwing this like a hot potato toward the congress for a 12th Amendment vote. I’ve said this before as well.
Congress will elect Trump 38-12 and it only needs to be a simple majority.
Trump is in for a 2nd term.
— Greg Flippen (@GregFlippen) December 12, 2020