The Pennsylvania judge who rejected the Trump campaign’s latest bid to challenge the 2020 election results didn’t understand its legal argument, Kayleigh McEnany said.
McEnany, the White House press secretary and a senior adviser for the Trump campaign, made the comment about 3rd U.S. Circuit Court of Appeals Judge Stephanos Bibas, a Trump appointee, during a Saturday interview on Fox & Friends. Her comments, which she made as a campaign representative and not one of the White House, came a day after Bibas wrote that the campaign didn’t have “specific allegations” or “proof.”
The Trump campaign has vowed to bring the case to the Supreme Court, and one of the anchors, Jedediah Bila, asked McEnany how she expects the nine justices to react to the suit, given the rebuke from Bibas and comments that she said “come up repeatedly … in conversation” that what’s being “alleged on Twitter or in press conferences is not being alleged in court and cannot be proven in court via evidence.”
“Yeah, Jed. I think this 3rd Circuit Court judge misunderstood the argument because, look, it’s an equal protection argument,” McEnany answered.
McEnany laid out the campaign’s claims that voters in certain counties — the counties that were predominately Democratic — were allowed to cure their ballots, while voters in primarily Republican counties were not given the same chance.
“If you were in the seven blue counties in Pennsylvania, you were given an extraordinary opportunity to fix your mail-in ballot, to cure your ballot. But if you were in the other 60 mainly Republican counties, you didn’t get that privilege. That’s an equal protection violation,” she said. “We have a right to ask these questions, and we have presented affidavits. And there are declarations made as well, so there is evidence there, and it’s important for the Supreme Court, we feel, to take a look at this.”
The case had been argued in the lower court by Rudy Giuliani, the president’s personal attorney, who has since headed up the campaign’s legal strategies. During five hours of oral arguments, he said that there had been massive fraud in Pennsylvania.
In that hearing, U.S. District Judge Matthew Brann said the campaign’s spelling and error-filled complaint was similar to “Frankenstein’s monster” who had been “haphazardly stitched together.”
President-elect Joe Biden won the election with 306 Electoral College votes to President Trump’s 232. It appears that the former vice president won a handful of states that the president won four years ago, including Pennsylvania, Arizona, Georgia, Wisconsin, and Michigan.
While Biden has started the presidential transition and has already begun naming Cabinet officials, the president has refused to concede, and his campaign is seeking recounts and legal remedies in the hope of securing a second term for Trump in a number of battleground states.
The Trump campaign claims that there were widespread voter fraud and irregularities and that election officials committed inappropriate offenses that call the results into question.