The president’s attorney opened his appearance in court with a broad claim: that the Trump campaign was alleging “widespread nationwide voter fraud.”
But he was unable to provide evidence of any fraud, and said later under questioning from Brann that the lawsuit did not allege fraud as a matter of law and that “this is not a fraud case.”
Without citing any evidence, Giuliani painted a sinister picture of Democratic Party machines conspiring to fix the election against Trump. He alleged without proof that mail ballots counted after Election Day in cities such as Philadelphia and Pittsburgh were somehow faked to help Democrat Joe Biden make up a lead that Trump held among in-person voters on Election Day, whose ballots were counted first.
Addressing the one formal claim that remained in Trump’s lawsuit, Giuliani argued that Trump’s campaign and Republican voters had their constitutional rights violated when the Democratic-leaning counties invited voters to “cure,” or fix, defective ballots.
“The Trump campaign has been treated totally differently than the Bush campaign,” Giuliani said, misstating the name of President-elect Biden.
Attorneys for state and county authorities denied that charge, saying that Pennsylvania law allowed officials to contact voters with defective ballots, and arguing at length that Trump’s campaign had no standing to bring its lawsuit in federal court.
The defense attorneys repeatedly criticized Giuliani for basing his arguments on the discarded allegations that Republican observers were not allowed to watch ballots being counted, noting that three formal counts and a request for action over the issue had been erased in the revised version of the lawsuit.