Attorneys Square Off in Trump’s Federal Challenge to Wisconsin’s Election
Ruling expected within 48 hours.
After spending most of Thursday hearing arguments, Judge Brett Ludwig must now make a ruling on the merits of Donald Trump‘s federal challenge to Wisconsin’s election results.
But even when he does, it’s not likely to settle the matter.
Ludwig, a Trump appointee to Wisconsin’s Eastern District, said his ruling would come in “the next day or two.” And at that point, another Trump challenge in a state court will have had its first hearing. The parties will argue that case on Friday starting at 9:00 a.m. Those results are also expected to be appealed.
In both cases the Trump campaign is seeking to have Wisconsin’s presidential election results thrown out. That would trigger a scenario where the Republican-controlled state Legislature would pick the state’s Electoral College delegates. The Electoral College is scheduled to meet on Monday, December 14th.
“It’s not lost on me that this is a political case, obviously, and that the relief that’s been requested, if that relief were granted, this would be a most remarkable proceeding and probably the most remarkable ruling in the history of this court or the federal judiciary,” said Ludwig before each side argued its case.
The virtual hearing for Trump’s federal case involved attorneys spending most of the morning negotiating a stipulation of proposed facts and exhibits — this document allowed both sides to avoid calling witnesses.
Then Ludwig moved the proceedings to what he said were effectively “closing arguments.”
Attorney Jeffrey Mandell, representing Governor Tony Evers, challenged that the Trump campaign’s argument of a violation of a Equal Protection Clause were invalid. “Really what the president is trying to do here turns equal protection on its head, because the Equal Protection Clause protects Wisconsin voters,” said Mandel. He said Trump was seeking retroactive relief, which would violate the 11th Amendment. And he said even if it was granted, it might not go in Trump’s favor. “This court can’t instruct the Legislature what to do.” He argued that the federal court didn’t have the authority to decide a state issue.
Assistant Attorney General Colin Roth said the state’s election was conducted correctly. ” The Wisconsin Elections Commission believes that Wisconsin’s election laws must be followed and in fact were followed,” he said, noting that the commission was made up of an equal number of members from both parties. He said drop boxes were legal and that members of the Legislature endorsed them.
Jon Greenbaum, an attorney for the NAACP, argued that the Trump campaign was trying to disenfranchise minority voters. “We’ve seen a strategy to go after the Black vote,” he said, referencing that Trump’s challenges go after large cities. “Not a single allegation, let alone evidence, that a single ineligible voter voted in this election.”
After the arguments, Ludwig issued a series of challenges to arguments made by both sides.
Bock said no challenge was made because so much was going on in all 50 states. He said issues with drop boxes only occurred in October.
“That strikes me as incredible,” said the judge.
While both parties await Ludwig’s ruling, a state case will get underway Friday morning, attorney Sidney Powell is appealing a rejection of her federal case involving Wisconsin and Trump, 18 Republican attorneys general and 106 Republican U.S. Representatives (including Wisconsin’s Tom Tiffany) want the Supreme Court of the United States to hear a challenge to Wisconsin, Michigan, Georgia and Pennsylvania’s election results.
If you think stories like this are important, become a member of Urban Milwaukee and help support real, independent journalism. Plus you get some cool added benefits, all detailed here.
More about the 2020 General Election
- GOP State Legislators Asked Pence Not Certify Election - Melanie Conklin - Jan 14th, 2021
- Rep. Hintz: Condemns Republican Legislators’ Lies and Dangerous Rhetoric - State Rep. Gordon Hintz - Jan 14th, 2021
- Tiffany, Fitzgerald Object To Some Biden Electors - Shawn Johnson - Jan 7th, 2021
- Sen. Baldwin: “It’s Disgraceful” - Urban Milwaukee - Jan 6th, 2021
- Rep Moore Blames Trump for Today’s Chaos - Urban Milwaukee - Jan 6th, 2021
- Rep. Gallagher: “We are witnessing absolute banana republic crap in the United States Capitol right now” - Urban Milwaukee - Jan 6th, 2021
- Back in the News: Cleta Mitchell Resigns from Foley Firm - Bruce Murphy - Jan 5th, 2021
- Gallagher Assails GOP Push to Nullify Election - Rob Mentzer - Jan 5th, 2021
- Back in the News: Foley Firm Faces Blowback on Trump Call - Bruce Murphy - Jan 5th, 2021
- Johnson Discusses Election Integrity, Electoral Commission on Fox News - U.S. Sen. Ron Johnson - Jan 5th, 2021
Read more about 2020 General Election here
More about the Trump's Election Lawsuits
- Federal Judge Tears Apart Election Lawsuit - Graham Kilmer - Jan 4th, 2021
- Op Ed: Hagedorn Wisconsin’s Person of The Year - John Torinus - Dec 30th, 2020
- Trump Asks U.S. Supreme Court to Overturn Wisconsin’s Election - Graham Kilmer - Dec 29th, 2020
- Trump campaign: Takes Wisconsin constitutional fight to Supreme Court - Donald Trump - Dec 29th, 2020
- Wisconsin Republicans Join New Federal Election Lawsuit - Jeramey Jannene - Dec 23rd, 2020
- Justices Face Anti-Semitic, Misogynist Attacks After Trump Ruling - Ruth Conniff - Dec 18th, 2020
- Ron Johnson Parrots Trump’s Rejected Legal Arguments - Shawn Johnson - Dec 17th, 2020
- Murphy’s Law: Why Republicans Won’t End Election Complaints - Bruce Murphy - Dec 14th, 2020
- Statement of Republican Electors Meeting - Republican Party of Wisconsin - Dec 14th, 2020
- AG Kaul Issues Statement on Wisconsin Supreme Court Ruling on the Challenge to Wisconsin’s Election Results - Josh Kaul - Dec 14th, 2020
Read more about Trump's Election Lawsuits here
Can we sue Tom Tiffany for joining this suit?