Dec 9, 2020 cập nhật lần cuối Dec 9, 2020
WASHINGTON, DC (NV) – Mười bảy tiểu bang nơi Tổng Thống Donald Trump giành chiến thắng bầu cử vừa qua, cho Tối Cao Pháp Viện (TCPV) biết hôm Thứ Tư, 9 Tháng Mười Hai, họ ủng hộ Texas làm đơn kiện để hủy chiến thắng chung cuộc của ông Joe Biden, theo CNBC.
Các tiểu bang này làm đơn ủng hộ Texas một ngày sau khi ông Ken Paxton, bộ trưởng Tư Pháp Texas, xin TCPV cho phép kiện Georgia, Michigan, Pennsylvania và Wisconsin về tiến trình bỏ phiếu. Ông Biden thắng cả bốn tiểu bang này.
Sau đó trong ngày Thứ Tư, Tổng Thống Trump làm đơn đề nghị được can thiệp vào vụ này với tư cách là ứng cử viên tổng thống. TCPV chưa đưa ra quyết định về yêu cầu của ông Paxton.
Tất cả tiểu bang ủng hộ Texas kiện đều có bộ trưởng Tư Pháp thuộc đảng Cộng Hòa, gồm Missouri, Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, và West Virginia.
Tổng Thống Trump thắng ông Biden về phiếu phổ thông ở tất cả 17 tiểu bang đó, nhưng ông Biden được một phiếu đại cử tri ở Nebraska.
Ông Paxton đang yêu cầu TCPV cho phép kiện bốn tiểu bang “chiến trường” nêu trên để ngăn họ chứng nhận ông Biden chiến thắng.
Ông Paxton cho rằng ngăn chặn là hợp lý vì có cáo buộc bốn tiểu bang này thay đổi thủ tục bỏ phiếu không hợp lệ trong năm qua, đối xử khác biệt với cử tri ở những nơi thiên về Dân Chủ, và “vi phạm” luật bỏ phiếu.
Theo dự trù, đến 3 giờ chiều Thứ Năm, bốn tiểu bang này sẽ làm đơn phản đối yêu cầu của ông Paxton gửi TCPV. (Th.Long) [qd]
10:34 AM on Dec 9, 2020 CST — Updated 18 minutes ago
17 states, and Trump, join Texas request for Supreme Court to overturn Biden wins in four states
Texas AG Ken Paxton’s longshot suit asks high court to negate 10M votes in Georgia, Penn., Michigan and Wisconsin. Ted Cruz agreed to argue the case for Trump.
Updated at 5:10 p.m. with Cornyn comments and Cruz agreeing to argue the case for Trump
WASHINGTON – President Donald Trump and 17 GOP-controlled states filed motions Wednesday backing Texas’ longshot legal effort to get the U.S. Supreme Court to overturn results in four states that helped deliver the presidency to Democrat Joe Biden.
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Trump called this “the big one” after losing more than three dozen cases in federal and state courts alleging ballot tampering and fraud.
Texas Attorney General Ken Paxton filed the lawsuit on Monday, effectively asking the nation’s highest court to negate 10.4 million ballots from voters who picked Biden over Trump in Georgia, Michigan, Pennsylvania and Wisconsin.
Officials in those states called the lawsuit a baseless stunt. The Supreme Court has given them until 3 p.m. Thursday to file responses.
Trump’s legal team has found no traction in court for his unsubstantiated claims that the election was rigged or stolen, and the president embraced the Texas case as the latest potential vehicle to stave off defeat.
The Supreme Court has signaled little interest in second-guessing state election procedures after the fact, though it offered Trump a glimmer of hope by not rejecting Texas’ challenge out of hand.
Only the nation’s high court has jurisdiction in controversies between state governments, though the idea that one state can challenge another’s elections is novel. Sen. John Cornyn, a Republican who served as state attorney general before his election in 2002, was dubious.
“Why would a state, even such a great state as Texas, have a say so on how other states administer their elections?” he told CNN. “It’s an interesting theory, but I’m not convinced.”
Five justices would have to agree to hear the case.
If that happens, Texas’ other senator, Ted Cruz, would argue on Trump’s behalf. The president asked him to do so Tuesday night and he agreed, according to The New York Times. Cruz served as the state’s chief appellate lawyer before his election in 2012.
Paxton’s lawsuit accuses the other four states of making unlawful changes to their election policies during the COVID-19 pandemic, creating a “massive opportunity for fraud.”POLITICS
Texas is asking the justices to block those four states’ 62 electors from casting ballots on Monday when the Electoral College meets to formalize Biden’s 306-232 win, and suggests the state’s Republican-controlled legislatures should choose electors. That would entail ignoring all ballots cast for Biden and awarding his electoral votes to the loser, which struck some Democrats as ironic given Trump’s claim the election has been stolen from him.
A group of prominent Republicans that includes former New Jersey Gov. Christie Todd Whitman and former Missouri Sen. John Danforth filed a friend of the court brief urging rejection of Texas “unprecedented argument that a presidential election dispute is a controversy between two or more states.”
They point to the Constitution’s “Electors Clause,” which says that “each State shall appoint [its electors] in such manner as the Legislature thereof may direct.” That, they argue, means that any challenge is a matter for each state’s courts, not subject to challenge by another state or to Supreme Court intervention.
Missouri’s attorney general filed an amicus motion Wednesday afternoon in support of Texas, joined by counterparts from 16 other states: Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and West Virginia.
The 23-page motion urges the Supreme Court to hear Texas’ allegations, arguing that they are not meddling in other states’ internal affairs, just protecting the value of their own electors. They cite the risk of fraud from expanded mail balloting, and the “unconstitutional encroachment” by courts and governors in violation of the Constitution, which refers to state legislatures setting the rules for choosing presidential electors.
“States have a strong interest in ensuring that the votes of their own citizens are not diluted by the unconstitutional administration of elections in other States,” they argued.
Trump’s complaint puts into legalese the president’s allegations about fraud.
It notes, for instance, that while GOP candidates for Senate, U.S. House and other lower offices did well, “the candidate for President at the top of the ticket who provided those coattails did not himself get over his finish line in first place” even though his nearly 75 million votes was 12 million more than he received four years ago. That would have been a new record, except that Biden topped him by 7 million votes.
“He had coattails but, as some commentators have cleverly noted, apparently no coat,” Trump’s lawyers argued. “These things just don’t normally happen, and a large percentage of the American people know that something is deeply amiss.”
“His intervention in this case strengthens an already very strong original action by the state of Texas,” said Trump lawyer John Eastman in a statement issued by the president’s campaign.
(Eastman, a regular on Fox News, is infamous to Democrats as a “Harris birther” who argued that Sen. Kamala Harris, now vice president-elect, wasn’t eligible to run for president because her parents were not permanent U.S. residents when she was born in Oakland, Calif.)
Independent election analysts point out that polls showed that voters knew exactly what they were doing when they split their tickets, noting Trump’s historically low approval ratings for an incumbent seeking reelection.
Arizona filed a short motion asking for a swift ruling to end any uncertainty hanging over the presidential election.
Paxton co-chaired Lawyers for Trump, part of the president’s reelection team.
Wisconsin Attorney General Josh Kaul mocked Texas’ motion by invoking a memorable 1967 playoff game the Dallas Cowboys lost 21-17 to the Green Bay Packers.
“I feel sorry for Texans that their tax dollars are being wasted on such a genuinely embarrassing lawsuit. Texas is as likely to change the outcome of the Ice Bowl as it is to overturn the will of Wisconsin voters in the 2020 presidential election,” Kaul tweeted, calling the lawsuit “meritless.”
Michigan’s Democratic attorney general called the legal assault “frivolous” and a waste of Texas taxpayers’ money.
I feel sorry for Texans that their tax dollars are being wasted on such a genuinely embarrassing lawsuit. Texas is as likely to change the outcome of the Ice Bowl as it is to overturn the will of Wisconsin voters in the 2020 presidential election.— Attorney General Josh Kaul (@WisDOJ) December 8, 2020
Democratic critics have speculated that Paxton is pushing the suit to curry favor with Trump in hopes of receiving a preemptive pardon. The FBI is investigating allegations by former senior staffers that Paxton used the attorney general’s office to benefit a campaign donor.
Paxton was already under indictment for more than five years on state charges involving securities fraud, though the presidential pardon power only involves federal crimes.
“Rather than focus on his own problems, he’s going all in on the completely unfounded `Trump actually won!’ narrative that has captured the Republican Party. Texans deserve representatives who are rooted in reality, not in conspiracy theories,” read a fundraising email from the House Democratic Campaign Committee, which supports Texas Democrats in legislative contests.
But dozens of courts have thrown out such allegations as factually baseless. U.S. Attorney General Bill Barr said last week that the Justice Department has no evidence of widespread voter fraud.
We will be INTERVENING in the Texas (plus many other states) case. This is the big one. Our Country needs a victory!— Donald J. Trump (@realDonaldTrump) December 9, 2020
This was not my case as has been so incorrectly reported. The case that everyone has been waiting for is the State’s case with Texas and numerous others joining. It is very strong, ALL CRITERIA MET. How can you have a presidency when a vast majority think the election was RIGGED? https://t.co/ZKu9sNVz2U— Donald J. Trump (@realDonaldTrump) December 9, 2020
On Wednesday, 27 House Republicans, including five from Texas, wrote Trump urging him to direct Barr to name a special counsel to investigate election fraud, complaining that Barr and the Justice Department haven’t taken the allegations seriously enough. Rep. Lance Gooden of Terrell led the letter, the latest push from conservatives aimed at spurring a federal criminal inquiry.
Texas’ pleading refers eight times to “plaintiff states,” thought it filed the case alone, suggesting that Paxton’s office tried and failed to get other states to join the effort. Missouri and the other states that weighed in on Wednesday did so through a friend of the court brief, a stance taken by interested parties who are not direct parties in a lawsuit.
Texas’ top appellate lawyer, who works for Paxton, did not sign onto the brief. The unusual omission, given that it’s his job to argue cases at the Supreme Court, raised the possibility he wants to distance himself from a dubious claim.
There is massive evidence of widespread fraud in the four states (plus) mentioned in the Texas suit. Just look at all of the tapes and affidavits!— Donald J. Trump (@realDonaldTrump) December 9, 2020
On Tuesday, the Supreme Court summarily tossed out a challenge in Pennsylvania brought by a congressman and other Republican allies of Trump who claimed the state had violated its own election laws by counting mail ballots after Election Night. Cruz also had agreed to argue that case for the plaintiffs if it got before the court.
But none of the nine justices, including Trump’s three appointees, dissented from the decision to reject that challenge, which often reflects a consensus that a case lacks merit.
Legal experts likewise see little merit in Texas’ bid to overturn elections in other states.
Texas asserts that the four states it’s trying to sue expanded absentee balloting unlawfully through executive or court orders, rather than by act of a legislature.
Gov. Greg Abbott defended the lawsuit on Tuesday, calling it a way “to accelerate the process of providing certainty and clarity about the entire election process.”
Only a handful of Trump allies in Congress have embraced his claims that the election was stolen. Only a few dozen have acknowledged that Biden won, including just three from Texas.
Rep. Mike Johnson, R-La., has been rounding up support for a friend of the court brief from House Republicans that Trump has encouraged.