President's attorney Rudy Giuliani speaks to the media at a news conference held in the back parking lot of the landscaping company in Philadelphia, Pennsylvania on November 7, 2020.
Chris McGrath | Getty Images
President Donald Trump's personal attorney Rudy Giuliani was allowed to join a lawsuit Tuesday to prevent Pennsylvania from confirming election results intended to confirm a planned victory for President-elect Joe Biden.
Giuliani's last-minute request to have him included by a federal judge came hours before a hearing on the matter and after two other lawyers for Trump's re-election campaign closed the case last week.
It also happened after U.S. District Court judge Matthew Brann denied another new attorney's motion to postpone the hearing, which is scheduled for 1:30 p.m. ET.
Giuliani, a former New York City mayor and federal attorney, is not admitted to the Pennsylvania federal court bar. So he needed Brann's permission to appear on the case.
Giuliani's motion stated that he was "currently a distinguished member" of a number of state and federal courts as well as the District of Columbia Bar.
However, a review of the DC Bar's registry shows that Giuliani's admission there has been administratively suspended due to non-payment of fees. This suspension is unlikely to affect his admission to the Pennsylvania case.
On the same day that Biden was predicted to be the election winner, Giuliani hosted a sweeping press conference on the vote counting process outside of Four Seasons Total Landscaping, a small Philadelphia business between a crematorium and a sex shop.
Trump originally announced that the press would take place at the Four Seasons, the name of an upscale hotel, before pointing out the actual location in a subsequent tweet.
Speaking at a lectern in the back lot of the landscaping firm, Giuliani attacked the city of Philadelphia over a "sad story" of election fraud. He ridiculed journalists for telling him that the news agencies had scheduled the race for Biden.
Trump said last week that New York-based Giuliani would lead his campaign efforts in multiple states to challenge ballots and undo Biden's victory.
These efforts have so far failed. Legal and electoral analysts have said Trump appears to have little chance of winning enough cases in enough states to invalidate enough ballot papers to win a second term in the White House.
Next Monday is the deadline for Pennsylvania County Electoral Boards to file their return with the Secretary of State.
During an interview on Tuesday via Fox Business, Giuliani alleged that the Pennsylvania case depended on 700,000 ballot papers, which he claimed were "secretly counted".
"Frankly, this is a case that we would like to see in the Supreme Court," he said.
Giuliani also said "we are likely to sue" in at least eight or nine states, where Republican election observers have allegedly been prevented from observing the voting process.
"The only remedy the court has is to simply cancel those votes," he said.
"I think we've gathered more than enough evidence in Pennsylvania, Michigan, Wisconsin and Georgia," he said when asked if there were enough questionable ballots to undo Biden's victory.
"I think we're very close in Nevada."
Election worker Angela Steele manned the check-in desk near rows of empty ballot boxes at the Allegheny County's election camp after the election in Pittsburgh, Pennsylvania, the United States, on November 6, 2020.
John Altdorfer | Reuters
But the new attorney for Trump's campaign in the Pennsylvania lawsuit, Marc Scaringi, who is also a talk radio host, had said on his November 7 broadcast before joining the team that the attempt to reverse Biden's planned election victory would be reversed make, "won't work".
That was the same day NBC News and other media outlets launched the national election for Biden after predicting that he would win the Pennsylvania Electoral College's 20 votes.
The lawsuit, filed last week in the US District Court for the Middle District of Pennsylvania, alleges that a number of counties rated postal ballots on a "completely parallel track to the personally-cast ballot papers."
It is also alleged that a number of democratic counties illegally checked mail-in ballots sooner than they should, giving voters additional time to "heal" problems with their ballot papers.
On Sunday, the Trump campaign changed its complaint, abandoning claims that election officials in certain districts prevented some observers from watching ballot counts.
Less than a week before Tuesday's hearing, attorneys for Porter Wright Morris & Arthur's Trump campaign team had pulled out of the case.
"The plaintiffs and Porter Wright have mutually agreed that the plaintiffs will be best served if Porter Wright resigns," said these attorneys in a court case.
On Monday, three other lawyers asked the judge to let them leave the case.
Judge Brann granted motion for two of them – John Scott and Douglas Hughes, both of whom are Texas residents.
However, the judge was silent on the motion from Linda Kerns, a Philadelphia-based attorney whose practice previously specialized in family law matters.
Scaringi, the attorney who also has a radio show, then joined the Trump campaign legal team.
Hours later, Scaringi asked Brann to postpone Tuesday's oral presentation and an evidence hearing scheduled for Thursday.
"Having only retained the plaintiffs' new attorney today, he needs additional time to adequately prepare this case for the upcoming hearing and evidence hearing," Scaringi wrote in a court case.
"Furthermore, this is a case of considerable complexity and concern to the people of the United States of America," wrote Scaringi.
Brann immediately refused the request.
"The parties' lawyer is expected to be prepared for dispute and questioning," the judge wrote in an order on Monday evening.