Trump loses Wisconsin case while his lawyer argues another one

12 December 2020, 22:24

Trump
Trump Army Navy Football. Picture: PA

District judge Brett Ludwig said the US president’s arguments ‘fail as a matter of law and fact’.

US president Donald Trump has lost a federal lawsuit as part of his ongoing attempts to overturn the election.

District judge Brett Ludwig, a Trump appointee, dismissed Mr Trump’s request for the court to order the Republican-controlled legislature in Wisconsin to name him the winner, and not his Democratic challenger Joe Biden.

The judge said Mr Trump’s arguments “fail as a matter of law and fact”.

Joe Biden
Joe Biden (Susan Walsh/AP)

The ruling came as Mr Trump’s attorney Jim Troupis faced a barrage of questions about his claims from both liberal and conservative justices on the Wisconsin supreme court in another lawsuit.

Liberal justices had said the legal action “smacks of racism”.

Mr Troupis had asked the court to reject more than 221,000 absentee ballots, including his own, saying they were cast fraudulently based on incorrect interpretations of the law by elections officials.

“What you want is for us to overturn this election so that your king can stay in power,” said liberal justice Jill Karofsky. “That is so un-American.”

Conservative justices appeared to be sympathetic to some issues raised by Mr Trump, but also questioned how they could fairly disqualify ballots only in the two counties where Mr Trump sought a recount and not other counties where the same procedures were followed.

Virus Outbreak Trump Vaccine
The president’s lawsuit in Wisconsin has been described as ‘incredible’, ‘bizarre’ and ‘very odd’ by a Trump-appointed federal judge in the state (Evan Vucci/AP)

Mr Biden’s attorney John Devaney said rejecting any ballots in just those two counties would be a violation of the US constitution’s equal protection clause.

Mr Trump is challenging ballots only in Milwaukee and Dane counties, the state’s most liberal counties with the largest non-white populations.

He is not challenging any votes in more conservative counties where he won.

“This lawsuit, Mr Troupis, smacks of racism,” justice Karofsky said. “I do not know how you can come before this court and possibly ask for a remedy that is unheard of in US history. It is not normal.”

Justice Rebecca Dallet, another liberal justice, questioned why Mr Trump did not raise his same concerns about the absentee ballot process in the 2016 election that he won in Wisconsin. Mr Troupis said Mr Trump was not an aggrieved party that year.

Chief Justice Patience Roggensack, a conservative, voiced concerns with ballots that the city of Madison collected over two weekends at parks, saying that appeared to be the same as early voting, which had not started yet.

Conservative Justice Rebecca Bradley also implied that the court must not allow for ballots to be counted if they were cast contrary to the law.

But she questioned how the court could fairly disqualify more than 28,000 ballots cast by people who said they were indefinitely confined, given that some were.

The court in March said it was up to individual voters to determine whether they were “indefinitely confined”, a designation that allowed voters to cast absentee ballots without showing a valid photo ID.

During Saturday’s arguments, other conservative justices raised concerns with allowing election officials to fill in missing information on envelopes that contain absentee ballots. And Mr Troupis, who voted that way, said that he believes his vote was cast illegally and should be discounted.

Mr Biden won Wisconsin by about 20,600 votes, a margin of 0.6% that withstood a Trump-requested recount in Milwaukee and Dane counties.

The president-elect’s attorney asked the court to rule before Monday, when Wisconsin’s 10 Electoral College votes are scheduled to be cast for Mr Biden.

Mr Trump asked for a ruling before January 6, the day US congress counts the electoral college votes.

The president and his allies have suffered dozens of defeats in Wisconsin and across the country in lawsuits that rely on unsubstantiated claims of widespread fraud and election abuse.

On Friday evening, the US supreme court rejected a Texas lawsuit that sought to invalidate Mr Biden’s win by throwing out millions of votes in four battleground states, including Wisconsin.

Also Saturday, former Trump campaign attorney Sidney Powell asked the US supreme court to hear a federal case she lost in Wisconsin seeking to order the Republican-controlled legislature to declare Mr Trump the winner. Ms Powell has lost similar cases in Georgia and Arizona.

By Press Association

Latest World News

See more Latest World News

The fire broke out at a nursing home

At least ten dead and more injured in fire at Spanish nursing home

Trump continues to name his cabinet

Trump’s controversial Cabinet - Anti-vax RFK Jr nominated as health chief as defence figures ‘alarmed’ by Gabbard

Portrait Of Shel Talmy

Music producer Shel Talmy, who worked with The Who and David Bowie, dies aged 87

France and Israel fans clash with police in Paris despite ramped up police presence following Amsterdam unrest

France and Israel fans clash amid ramped up police presence in Paris for UEFA Nations League game

Basem Naim, a Hamas leader

Hamas prepared for 'immediate' ceasefire in Gaza but claims Israel has not offered any 'serious proposals' in months

Donald Trump with Matt Gaetz

Trump's pick for US attorney-general faced sex-trafficking investigation by department he's now set to lead

TOPSHOT-PALESTINIAN-ISRAEL-CONFLICT-DISPLACED

Ukraine-style visa scheme for Gaza families proposed by Labour MP

President Joe Biden meets with President-elect Donald Trump in the Oval Office

Donald Trump names ‘reckless’ Matt Gaetz attorney general as president-elect holds historic meeting with Joe Biden

President Joe Biden meets with President-elect Donald Trump in the Oval Office of the White House, Wednesday, Nov. 13, 2024, in Washington. (AP Photo/Evan Vucci)

Trump and Biden 'both really enjoyed seeing each other', claims President-elect after historic meeting at White House

President Trump Speaks at America First Agenda Summit

Who has Trump picked to be in his cabinet so far and who is in the running?

Two women - who were part of a global monkey torture network - have been jailed

Two women jailed after being part of 'sickening and sadistic' monkey torture network

US President Joe Biden shakes hands with US President-elect Donald Trump during a meeting in the Oval Office of the White House in

'Welcome back': Donald Trump returns to the White House to meet Joe Biden and begin transfer of power

Chanel Banks has been missing for over two weeks

Gossip Girl star Chanel Maya Banks missing for two weeks as family launch desperate search

Spanish people have been seen bracing for more flooding in drastic ways

Spain takes drastic measures as more flooding looms, as some locals even tie their cars up and wrap them in film

Hvaldimir died earlier this year

Russian 'spy' Beluga whale 'was being trained to guard Kremlin's military base but fled because it was a hooligan'

Donald Trump has appointed Elon Musk to his cabinet when he becomes president

Elon Musk to lead US ‘DOGE’ department to cut bureaucracy which they claim will be ‘Manhattan Project of our time’