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Trump campaign files election lawsuit at wrong court in latest blunder

‘Presumably by accident’

Justin Vallejo
New York
Saturday 14 November 2020 00:57 GMT
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How Trump’s presidency came crashing down at Four Seasons Total Landscaping

It was a mix-up that would have made Rudy Giuliani blush.

The Trump campaign ramped up its legal battle against the presidential election vote count by filing a law suit at the wrong court.

While the United States Court of Federal Claims responded to the suit, Judge Elaine D Kaplan made clear the court's usual jurisdiction over monetary actions doesn't cover the Trump team’s claims against state and local governments.

 

"The complaint is captioned as though it were filed in the United States District Court for the Western District of Michigan," Ms Kaplan wrote.

"Instead, however, it was filed with this Court, presumably by accident."

The suit was transferred to the correct court in Michigan, where the complaint had already been filed separately.

The misfiling was first identified by CNN's Katelyn Polantz, who reported that the lawyer on record for the case said it was a mistake. Pacer, the Public Access to Court Electronic Records, supposedly misfiled the suit in the wrong court.

The mix-up follows the now-infamous press conference of Mr Giuliani, Donald Trump's personal lawyer, in Four Seasons Total Landscaping car park as the results of the election were first projected by The Associated Press on Saturday.

There was widespread confusion and mirth when the press conference was announced at the Four Seasons, only for the Four Seasons hotel to clarify it was not involved.

The Trump campaign has filed a string of lawsuits, some of which have since been withdrawn, in Pennsylvania, Michigan and Arizona as the president attempts to stall certification of votes in states that were key to delivering Joe Biden the election.

While the president has been publicly repeating claims of fraud on his Twitter feed, the lawsuits have had little to do with fraud and have instead focused on irregularities in the process.

States have until 8 December to certify results before the Electoral College formally selects the next president on 14 December.

If legal challenges delay certification of results and the Electoral College can't convene, there are other legal pathways for Mr Trump to retain the presidency.  

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