pennsylvania

Judge throws out Trump campaign’s Pennsylvania lawsuit

A federal judge in Pennsylvania on Saturday threw out a lawsuit filed by President Trump’s campaign, dismissing its challenges to the battleground state’s poll-watching law and the campaign’s efforts to limit how mail-in ballots can be collected and which of them can be counted.

Elements of the ruling by U.S. District Judge J. Nicholas Ranjan could be appealed by Trump’s campaign, with just over three weeks to go until election day in a state hotly contested by Trump and Democratic presidential nominee Joe Biden.

The lawsuit was opposed by Democratic Gov. Tom Wolf’s administration, the state Democratic Party, the League of Women Voters, the NAACP’s Pennsylvania office and other allied groups.

“The court’s decision today affirms what we’ve long known, that Pennsylvania’s elections are safe, secure and accurate, and residents can vote on Nov. 3 with confidence that their votes will be counted and their voices heard,” Wolf’s office said in a statement.

“The ruling is a complete rejection of the continued misinformation about voter fraud and corruption and those who seek to sow chaos and discord ahead of the upcoming election,” the statement added.

However, Trump’s campaign indicated in a statement that it would appeal and looked forward to a quick decision “that will further protect Pennsylvania voters from the Democrats’ radical voting system.”

The lawsuit is one of many partisan battles being fought in the state Legislature and the courts over mail-in voting amid the prospect that a presidential election result could be delayed for days by a drawn-out vote count in Pennsylvania.

In this case, Trump’s campaign wanted the court to bar counties from collecting mail ballots using drop boxes or mobile sites that are not “staffed, secured and employed consistently within and across all 67 of Pennsylvania’s counties.”

More than 20 counties — including Philadelphia and most other heavily populated Democratic-leaning counties — have told the state elections office that they plan to use drop boxes and satellite election offices to help collect mail-in ballots.

Trump’s campaign also wanted the court to free county election officials to disqualify mail-in ballots where the voter’s signature may not match their signature on file and to remove a county residency requirement for poll watchers.

In guidance last month, Wolf’s top elections official told counties that state law does not require or permit them to reject a mail-in ballot solely over a perceived signature inconsistency.

The Trump campaign had asked Ranjan to declare that guidance unconstitutional and to block counties from following it.

In throwing out the case, Ranjan wrote that the Trump campaign could not prove its central claim that election fraud in Pennsylvania threatened to cost Trump the election and that adopting the changes the campaign sought would remove that threat.

“While plaintiffs may not need to prove actual voter fraud, they must at least prove that such fraud is ‘certainly impending,’” Ranjan wrote. “They haven’t met that burden. At most, they have pieced together a sequence of uncertain assumptions.”

Ranjan also cited decisions in recent days by the U.S. Supreme Court and the U.S. 11th Circuit Court of Appeals in hot-button election cases, saying he should not second-guess decisions by state lawmakers and election officials.

The decision comes as Trump claims he can’t lose the state unless Democrats cheat, and, as he did in the 2016 campaign, suggests that the Democratic bastion of Philadelphia needs to be watched closely for election fraud.

Democrats counter that Trump is running on a conspiracy theory of election fraud because he cannot win on his own record of fraud and mismanagement.

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Grand jury refuses to indict Democratic lawmakers in connection with illegal military orders video

A grand jury in Washington refused Tuesday to indict Democratic lawmakers in connection with a video in which they urged U.S. military members to resist “illegal orders,” according to a person familiar with the matter.

The Justice Department opened an investigation into the video featuring Democratic Sens. Mark Kelly and Elissa Slotkin and four other Democratic lawmakers urging U.S. service members to follow established military protocols and reject orders they believe to be unlawful. All the lawmakers previously served in the military or at intelligence agencies.

Grand jurors in Washington declined to sign off on charges in the latest of a series of rebukes of prosecutors by citizens in the nation’s capital, according to the person, who spoke on the condition of anonymity because they were not authorized to publicly discuss the matter. It wasn’t immediately clear whether prosecutors had sought indictments against all six lawmakers or what charge or charges prosecutors attempted to bring.

Grand jury rejections are extraordinarily unusual, but have happened repeatedly in recent months in Washington as citizens who have heard the government’s evidence have come away underwhelmed in a number of cases. Prosecutors could try again to secure an indictment.

Spokespeople for the U.S. attorney’s office and the Justice Department didn’t immediately respond to requests for comment Tuesday.

The FBI in November began contacting the lawmakers to schedule interviews, outreach that came against the backdrop of broader Justice Department efforts to punish political opponents of the president. President Trump and his aides labeled the lawmakers’ video as “seditious” — and Trump said on his social media account that the offense was “punishable by death.”

Besides Slotkin and Kelly, the other Democrats who appeared in the video include Reps. Jason Crow of Colorado, Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire and Chris Deluzio of Pennsylvania.

Slotkin, a former CIA analyst who represents Michigan, said late Tuesday that she hopes this ends the Justice Department’s probe.

“Tonight we can score one for the Constitution, our freedom of speech, and the rule of law,” Slotkin said in a statement. “But today wasn’t just an embarrassing day for the Administration. It was another sad day for our country,” she said.

Kelly, a former Navy pilot who represents Arizona, called the attempt to bring charges an “outrageous abuse of power by Donald Trump and his lackies.”

“Donald Trump wants every American to be too scared to speak out against him,” Kelly said in a post on X. “The most patriotic thing any of us can do is not back down.”

In November, the Pentagon opened an investigation into Kelly, citing a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other punishment. Defense Secretary Pete Hegseth has censured Kelly for participating in the video and is trying to retroactively demote Kelly from his retired rank of captain.

The senator is suing Hegseth to block those proceedings, calling them an unconstitutional act of retribution. During a hearing last week, the judge appeared to be skeptical of key arguments that a government attorney made in defense of Kelly’s Jan. 5 censure by Hegseth.

Richer and Tucker write for the Associated Press.

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