cnbc--2020-11-23--Trump appeals big loss in Pennsylvania vote case that seeks to block Biden win

The campaign wants the appeals court to allow it to pursue a second amended lawsuit , which the lower court judge effectively barred them from doing with his ruling Saturday .
Instead , the appeal at the U.S .
Circuit Court of Appeals for the 3rd Circuit effectively asks for a do-over of its so-far-botched legal effort to invalidate enough votes in Pennsylvania to overturn a projected victory for President-elect Joe Biden , and a loss for President Donald Trump .
The appeal filed Monday also did not ask an appeals court to reverse its defeat or temporarily block Pennsylvania @ @ @ @ @ @ @ are due later in the day .
The Trump campaign 's appeal of its devastating loss in federal court in Pennsylvania misspells the word `` president '' and butchers grammar .
The appeal appears to be as much of a long shot as the case on which it is based .
But it could speed up what the Trump campaign says is its plan to get the case heard by the U.S. Supreme Court .
The court quickly granted the Trump campaign 's request for an emergency expedited review , and ordered the @ @ @ @ @ @ @ out its arguments for the appeal by 4 p.m .
ET Monday .
Briefs by defendants in the case , whol include Secretary of State Kathy Boockvar , are due by the same time Tuesday .
`` The Court will advise if oral argument desired , '' a notice in the case 's docket says .
The campaign later said in another filing that will be filing a request for an emergency temporary restraining order and preliminary injunction to block the effect of the state 's likely certification of a win for Biden @ @ @ @ @ @ @ Trump 's two leading campaign lawyers , Rudy Giuliani and Jenna Ellis , effectively fired a third member of the team , Sidney Powell , after she made bizarre claims that included suggesting that Georgia 's Republican governor and secretary of state were part of a conspiracy to rig the election there for Biden .
`` Sidney Powell is practicing law on her own .
She is not a member of the Trump Legal Team .
She is also not a lawyer for the President in his personal capacity , '' Giuliani and @ @ @ @ @ @ @ boasted on Twitter about Powell being part of the campaign legal team .
Giuliani last week made a court appearance in U.S. District Court in Williamsport , Pennsylvania , where he argued that Trump was the victim of fraudulent votes .
He also said the campaign 's lawsuit trying to block the certification of votes in the state was not alleging fraud .
Giuliani said a claim in the original lawsuit was mistakenly removed by other lawyers , and said it would be added back in a revised lawsuit .
On Saturday , @ @ @ @ @ @ @ Brann , dismissed Giuliani 's argument in a scathing decision that compared the Trump 's campaign 's allegations to `` Frankenstein 's monster . ''
Brann , a Republican appointed by President Barack Obama , said the campaign gave him `` strained legal arguments without merit and speculative accusations , unpled in the operative complaint and unsupported by the evidence . ''
In the appeal of Brann 's decision filed Monday , the campaign refers to Trump as `` Presidential Donald J. Trump , '' instead of as `` President Donald J. Trump @ @ @ @ @ @ @ legal case .
That apparent slip is contained in the line alleging that Democratic officials in Pennsylvania `` engaged in an intentional scheme to count defective mail ballots which they knew would favor Joseph Biden over Presidential Donald J .
Trump . ''
Elsewhere in the filing , the campaign 's lawyers underscore the significance of their claim while undermining the rules of grammar : `` This action is of nationwide importance because of the consequences of flawed election processes on the election for the President of the United States in the Commonwealth @ @ @ @ @ @ @ either candidate . ''
Appeals typically ask appellate judges to overturn a lower-court decision or , at minimum , request a so-called stay that would block the ruling from taking effect .
In this case , Brann 's decision would allow Pennsylvania 's counties to certify its election results by Monday 's deadline .
Those results are set to confirm Democratic former vice president Biden 's win in the state .
But the Trump campaign does not ask the 3rd Circuit to stay Brann 's ruling , or even overturn it .
Instead @ @ @ @ @ @ @ to consider a second revision of the original lawsuit in the case , which raises additional allegations about the voting processes in the state .
`` Plaintiffs believe that the Second Amended Complaint cures any deficiencies noted by the District Court regarding , [ among others things ] , standing , equal protection , and remedy because its allegations are very different than those '' in the campaign 's first amended complaint , which Brann dismissed .
The appeal noted that the campaign is not waiving any claim that Brann 's decision was @ @ @ @ @ @ @ the appeals court any briefs to make such a claim if asked to do so .
The Trump campaign and its allies have lost or voluntarily withdrawn more than 30 state and federal court cases around the nation as part of an effort to invalidate enough ballots , in enough locales to effectively reverse Biden 's projected win in the Electoral College .
Saturday 's loss in Pennsylvania and the withdrawal two days earlier of a federal lawsuit in Michigan made that effort even more unlikely to succeed than it already was .
@ @ @ @ @ @ @ votes , 36 more than is needed to win the White House .
In another pending long-shot case , Pennsylvania Republicans , including Rep. Mike Kelly , filed a complaint in Commonwealth Court seeking to stop certain kinds of mail-in ballots from being included in the state 's final tally .
The plaintiffs seek to block the certification of the election in the state , claiming that mail-in ballots cast under an allegedly `` unconstitutional '' law signed last year by Pennsylvania Gov .
Tom Wolf , a Democrat , can not be @ @ @ @ @ @ @ , expanded access for Pennsylvania voters to cast mail-in ballots without an excuse .
After the lawsuit was filed , observers quickly pointed out that Act 77 passed a GOP-controlled Pennsylvania state legislature in 2019 with overwhelming support .
`` It 's kind of a hail Mary when there 's no time left on the clock , '' Pennsylvania Lt. Gov .
Jon Fetterman told the KDKA , the Pittsburgh radio station .
`` They are actively suing a Republican bill that would dismantle Republican control in our entire statehouse , '' Democrat @ @ @ @ @ @ @ New Jersey Gov .
Chris Christie , a Trump ally , called the campaign 's legal team a `` national embarrassment , '' saying the attorneys have failed to present evidence of the widespread fraud they claim denied Trump reelection .
Christie is one of a growing number of Republicans who say Trump should concede the election .
But the president has refused to do so .

The campaign wants the appeals court to allow it to pursue a second amended lawsuit, which the lower court judge effectively barred them from doing with his ruling Saturday.
Instead, the appeal at the U.S. Circuit Court of Appeals for the 3rd Circuit effectively asks for a do-over of its so-far-botched legal effort to invalidate enough votes in Pennsylvania to overturn a projected victory for President-elect Joe Biden, and a loss for President Donald Trump.
The appeal filed Monday also did not ask an appeals court to reverse its defeat or temporarily block Pennsylvania counties' certification of votes, which are due later in the day.
The Trump campaign's appeal of its devastating loss in federal court in Pennsylvania misspells the word "president" and butchers grammar.
The appeal appears to be as much of a long shot as the case on which it is based. But it could speed up what the Trump campaign says is its plan to get the case heard by the U.S. Supreme Court.
The court quickly granted the Trump campaign's request for an emergency expedited review, and ordered the campaign to submit its legal brief laying out its arguments for the appeal by 4 p.m. ET Monday. Briefs by defendants in the case, whol include Secretary of State Kathy Boockvar, are due by the same time Tuesday.
"The Court will advise if oral argument desired," a notice in the case's docket says.
The campaign later said in another filing that will be filing a request for an emergency temporary restraining order and preliminary injunction to block the effect of the state's likely certification of a win for Biden.
The filings came a day after Trump's two leading campaign lawyers, Rudy Giuliani and Jenna Ellis, effectively fired a third member of the team, Sidney Powell, after she made bizarre claims that included suggesting that Georgia's Republican governor and secretary of state were part of a conspiracy to rig the election there for Biden.
"Sidney Powell is practicing law on her own. She is not a member of the Trump Legal Team. She is also not a lawyer for the President in his personal capacity," Giuliani and Ellis said, a week after Trump boasted on Twitter about Powell being part of the campaign legal team.
Giuliani last week made a court appearance in U.S. District Court in Williamsport, Pennsylvania, where he argued that Trump was the victim of fraudulent votes. He also said the campaign's lawsuit trying to block the certification of votes in the state was not alleging fraud.
Giuliani said a claim in the original lawsuit was mistakenly removed by other lawyers, and said it would be added back in a revised lawsuit.
On Saturday, the judge in that case, Matthew Brann, dismissed Giuliani's argument in a scathing decision that compared the Trump's campaign's allegations to "Frankenstein's monster."
Brann, a Republican appointed by President Barack Obama, said the campaign gave him "strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by the evidence."
In the appeal of Brann's decision filed Monday, the campaign refers to Trump as "Presidential Donald J. Trump," instead of as "President Donald J. Trump" as one normally would in a legal case.
That apparent slip is contained in the line alleging that Democratic officials in Pennsylvania "engaged in an intentional scheme to count defective mail ballots which they knew would favor Joseph Biden over Presidential Donald J. Trump."
Elsewhere in the filing, the campaign's lawyers underscore the significance of their claim while undermining the rules of grammar: "This action is of nationwide importance because of the consequences of flawed election processes on the election for the President of the United States in the Commonwealth could turn the election in favor of either candidate."
Appeals typically ask appellate judges to overturn a lower-court decision or, at minimum, request a so-called stay that would block the ruling from taking effect.
In this case, Brann's decision would allow Pennsylvania's counties to certify its election results by Monday's deadline. Those results are set to confirm Democratic former vice president Biden's win in the state.
But the Trump campaign does not ask the 3rd Circuit to stay Brann's ruling, or even overturn it.
Instead, the campaign asked the appeals court to consider a second revision of the original lawsuit in the case, which raises additional allegations about the voting processes in the state.
"Plaintiffs believe that the Second Amended Complaint cures any deficiencies noted by the District Court regarding, [among others things], standing, equal protection, and remedy because its allegations are very different than those" in the campaign's first amended complaint, which Brann dismissed.
The appeal noted that the campaign is not waiving any claim that Brann's decision was wrongly decided, and offered to provide the appeals court any briefs to make such a claim if asked to do so.
The Trump campaign and its allies have lost or voluntarily withdrawn more than 30 state and federal court cases around the nation as part of an effort to invalidate enough ballots, in enough locales to effectively reverse Biden's projected win in the Electoral College.
Saturday's loss in Pennsylvania and the withdrawal two days earlier of a federal lawsuit in Michigan made that effort even more unlikely to succeed than it already was.
Biden is projected to win 306 electoral votes, 36 more than is needed to win the White House.
In another pending long-shot case, Pennsylvania Republicans, including Rep. Mike Kelly, filed a complaint in Commonwealth Court seeking to stop certain kinds of mail-in ballots from being included in the state's final tally.
The plaintiffs seek to block the certification of the election in the state, claiming that mail-in ballots cast under an allegedly "unconstitutional" law signed last year by Pennsylvania Gov. Tom Wolf, a Democrat, cannot be counted.
The law, Act 77, expanded access for Pennsylvania voters to cast mail-in ballots without an excuse.
After the lawsuit was filed, observers quickly pointed out that Act 77 passed a GOP-controlled Pennsylvania state legislature in 2019 with overwhelming support.
"It's kind of a hail Mary when there's no time left on the clock," Pennsylvania Lt. Gov. Jon Fetterman told the KDKA, the Pittsburgh radio station.
"They are actively suing a Republican bill that would dismantle Republican control in our entire statehouse," Democrat Fetterman said.
On Sunday, former New Jersey Gov. Chris Christie, a Trump ally, called the campaign's legal team a "national embarrassment," saying the attorneys have failed to present evidence of the widespread fraud they claim denied Trump reelection.
Christie is one of a growing number of Republicans who say Trump should concede the election.
But the president has refused to do so.


cnbc--2020-11-23--Republican pollster: Trump's false 'rigged' election claims may hurt GOP chances of keeping Senate

Republican pollster and strategist Frank Luntz told CNBC on Monday that President Donald Trump 's persistent attacks on election integrity could hurt the GOP in the upcoming Georgia Senate runoffs , which will determine the balance of power in the upper chamber .
`` If he continues to disillusion voters ... by saying that the elections were rigged and that your vote does n't matter , this could have severe consequences for the administration in trying to keep those two seats Republican , '' Luntz said on `` Squawk Box . ''
The GOP holds a two-seat advantage in the @ @ @ @ @ @ @ News projections .
The remaining two vacancies in Georgia will be decided in run-offs Jan. 5 .
One race is between Republican Sen. Kelly Loeffler and Democrat Raphael Warnock , while the other pits incumbent GOP Sen. David Perdue and Democratic challenger Jon Ossoff .
A pair of Democratic victories would give the party control of the Senate — along with the House and presidency .
That would likely alter significantly the trajectory of policymaking in Washington under Democratic President-elect Joe Biden , who won Georgia 's presidential race .
Luntz has previously @ @ @ @ @ @ @ the most important Senate elections in modern times . ''
Trump has not , however , conceded the Nov. 3 presidential election to Biden despite various media organizations , including NBC News , calling the race more than two weeks ago .
Trump and his campaign have instead been waging — mostly unsuccessful — legal fights in various battleground states .
The president repeatedly launched baseless attacks on the integrity of election , falsely claiming he won and suggesting without evidence that widespread voter was the reason for Biden 's advantage .
Trump @ @ @ @ @ @ @ also has promoted far-fetched conspiracy theories as part of an attempt to overturn the election result .
A coalition of U.S. government security agencies also has defended the integrity of the election , calling it `` the most secure in American history . ''
The statement added , `` There is no evidence that any voting system deleted or lost votes , changed votes , or was in any way compromised . ''
There also has been a growing number of elected Republicans also have called on Trump to concede , including Pennsylvania @ @ @ @ @ @ @ fully supported the president pursuing every plausible strategy — recounts and litigating irregularities — but at some point you exhaust those possibilities , '' Toomey said Monday , also on `` Squawk Box . ''
`` I think the president has reached that point in Pennsylvania .
He appears to have reached that point in Georgia .
Michigan was n't even close . ''
He added , `` I can assure you I am not alone in this view among Republican senators . ''
Luntz said his recent polling indicates Republican voters in @ @ @ @ @ @ @ runoffs , with 80 % of GOP voters saying they 're definitely planning to vote compared with 70 % of Democrats .
However , he said if Trump continues to falsely insulate that the election was rigged against him , his own voters may be dissuaded his from turning out in January .
It 's a concern held by other Republicans , according to reporting from Axios ' co-founder Mike Allen .
`` I would argue that Donald Trump says , and does , over the next six weeks is going to determine @ @ @ @ @ @ @ and well may determine the outcome of our country overall , '' said Luntz .
`` We still find that 55 % of Trump voters in Georgia ... believe Donald Trump was elected president and so they 're mad , '' Luntz added .

Republican pollster and strategist Frank Luntz told CNBC on Monday that President Donald Trump's persistent attacks on election integrity could hurt the GOP in the upcoming Georgia Senate runoffs, which will determine the balance of power in the upper chamber.
"If he continues to disillusion voters ... by saying that the elections were rigged and that your vote doesn't matter, this could have severe consequences for the administration in trying to keep those two seats Republican," Luntz said on "Squawk Box."
The GOP holds a two-seat advantage in the Senate, 50-48, according to NBC News projections. The remaining two vacancies in Georgia will be decided in run-offs Jan. 5. One race is between Republican Sen. Kelly Loeffler and Democrat Raphael Warnock, while the other pits incumbent GOP Sen. David Perdue and Democratic challenger Jon Ossoff.
A pair of Democratic victories would give the party control of the Senate — along with the House and presidency. That would likely alter significantly the trajectory of policymaking in Washington under Democratic President-elect Joe Biden, who won Georgia's presidential race. Luntz has previously described the Jan. 5 runoffs as "the most important Senate elections in modern times."
Trump has not, however, conceded the Nov. 3 presidential election to Biden despite various media organizations, including NBC News, calling the race more than two weeks ago. Trump and his campaign have instead been waging — mostly unsuccessful — legal fights in various battleground states.
The president repeatedly launched baseless attacks on the integrity of election, falsely claiming he won and suggesting without evidence that widespread voter was the reason for Biden's advantage. Trump's personal lawyer, Rudy Giuliani, also has promoted far-fetched conspiracy theories as part of an attempt to overturn the election result.
A coalition of U.S. government security agencies also has defended the integrity of the election, calling it "the most secure in American history." The statement added, "There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised."
There also has been a growing number of elected Republicans also have called on Trump to concede, including Pennsylvania Sen. Patrick Toomey.
"I have fully supported the president pursuing every plausible strategy — recounts and litigating irregularities — but at some point you exhaust those possibilities," Toomey said Monday, also on "Squawk Box." "I think the president has reached that point in Pennsylvania. He appears to have reached that point in Georgia. Michigan wasn't even close." He added, "I can assure you I am not alone in this view among Republican senators."
Luntz said his recent polling indicates Republican voters in Georgia appear more interested in the January runoffs, with 80% of GOP voters saying they're definitely planning to vote compared with 70% of Democrats. However, he said if Trump continues to falsely insulate that the election was rigged against him, his own voters may be dissuaded his from turning out in January. It's a concern held by other Republicans, according to reporting from Axios' co-founder Mike Allen.
"I would argue that Donald Trump says, and does, over the next six weeks is going to determine the outcome of the Georgia Senate race and well may determine the outcome of our country overall," said Luntz. "We still find that 55% of Trump voters in Georgia ... believe Donald Trump was elected president and so they're mad," Luntz added.
Biden's victory in Georgia was certified Friday.


cnbc--2020-11-22--Chris Christie tells Trump to end election lawsuits, calls his legal team 'national embarrassment'

US President Donald Trump ( L ) speaks with Governor Chris Christie ( R-NJ ) after he delivered remarks on combatting drug demand and the opioid crisis on October 26 , 2017 in the East Room of the White House in Washington , DC .
WASHINGTON — President Donald Trump 's confidant former New Jersey Gov .
Chris Christie said Sunday that the president should end his legal fights challenging the results of the election and concede to president-elect Joe Biden .
`` Listen , I 've been a supporter of the president , I voted for him twice but @ @ @ @ @ @ @ continue to act as if something happened here that did n't happen , '' Christie explained on `` This Week with George Stephanopoulos . ''
`` They allege fraud outside of the courtroom but when they go inside the courtroom they do n't plead fraud and they do n't argue fraud , '' Christie said , adding `` you have an obligation to present the evidence , the evidence has not been presented . ''
Trump has alleged that the U.S. presidential election was riddled with `` massive improprieties and fraud '' and @ @ @ @ @ @ @ top administration officials , such as Vice President Mike Pence and Secretary of State Mike Pompeo , have publicly insisted that the election is not over .
The Trump campaign continues to question the integrity of the election through a series of legal actions across battleground states .
On Saturday a federal judge in Pennsylvania dismissed a lawsuit by Trump 's campaign that sought to block that state 's certification of millions of votes .
The judge 's decision is another brick in the crumbling edifice that is Trump 's already long-shot bid @ @ @ @ @ @ @ to reverse Biden 's victory in the election .
U.S. Sen. Pat Toomey , R-Pa. , said in a statement that the judge 's ruling confirms `` Joe Biden won the 2020 election and will become the 46th President of the United States . ''
`` I congratulate President-elect Biden and Vice President-elect Kamala Harris on their victory .
They are both dedicated public servants and I will be praying for them and for our country , '' Toomey added .
The Trump campaign and its allies now have lost or withdrawn more @ @ @ @ @ @ @ that effort .
Trump campaign lawyer Sidney Powell listed a slew of allegations of fraud during an interview on Newsmax TV on Saturday .
Powell alleged that Republican Georgia Gov .
Brian Kemp may have been involved in kickbacks to public officials but gave no details .
`` Sidney Powell accusing Governor Brian Kemp of a crime on television yet being on unwilling to go on TV and defend and lay out the evidence that she supposedly has '' is `` outrageous conduct , '' Christie said .
The former governor and federal @ @ @ @ @ @ @ a `` national embarrassment . ''

US President Donald Trump (L) speaks with Governor Chris Christie (R-NJ) after he delivered remarks on combatting drug demand and the opioid crisis on October 26, 2017 in the East Room of the White House in Washington, DC.
WASHINGTON — President Donald Trump's confidant former New Jersey Gov. Chris Christie said Sunday that the president should end his legal fights challenging the results of the election and concede to president-elect Joe Biden.
"Listen, I've been a supporter of the president, I voted for him twice but elections have consequences and we cannot continue to act as if something happened here that didn't happen," Christie explained on "This Week with George Stephanopoulos."
"They allege fraud outside of the courtroom but when they go inside the courtroom they don't plead fraud and they don't argue fraud," Christie said, adding "you have an obligation to present the evidence, the evidence has not been presented."
Trump has alleged that the U.S. presidential election was riddled with "massive improprieties and fraud" and has therefore rejected the results. Other top administration officials, such as Vice President Mike Pence and Secretary of State Mike Pompeo, have publicly insisted that the election is not over. The Trump campaign continues to question the integrity of the election through a series of legal actions across battleground states.
On Saturday a federal judge in Pennsylvania dismissed a lawsuit by Trump's campaign that sought to block that state's certification of millions of votes. The judge's decision is another brick in the crumbling edifice that is Trump's already long-shot bid to invalidate enough ballots in enough states to reverse Biden's victory in the election.
U.S. Sen. Pat Toomey, R-Pa., said in a statement that the judge's ruling confirms "Joe Biden won the 2020 election and will become the 46th President of the United States."
"I congratulate President-elect Biden and Vice President-elect Kamala Harris on their victory. They are both dedicated public servants and I will be praying for them and for our country," Toomey added.
The Trump campaign and its allies now have lost or withdrawn more than 30 lawsuits that were part of that effort.
Trump campaign lawyer Sidney Powell listed a slew of allegations of fraud during an interview on Newsmax TV on Saturday. Powell alleged that Republican Georgia Gov. Brian Kemp may have been involved in kickbacks to public officials but gave no details.
"Sidney Powell accusing Governor Brian Kemp of a crime on television yet being on unwilling to go on TV and defend and lay out the evidence that she supposedly has" is "outrageous conduct," Christie said.
The former governor and federal prosecutor slammed Trump's legal team as a "national embarrassment."
CNBC's Dan Mangan contributed to this report.


cnbc--2020-11-23--Op-ed: A smooth transition of power is essential for small biz, nonprofits, renters and homeowners

US President George W. Bush and president-elect Barack Obama walk through the colonnade November 10 , 2008 to the Oval Office at the White House in Washington , DC .
Twelve years ago , during another presidential transition , the American economy was on the verge of collapse .
Millions were at risk of evictions , demand was surging for FHA mortgages , and small business failures continued to mount .
The collaboration between the outgoing President George W. Bush and incoming President Barack Obama administrations was essential for the nation to turn the corner in 2009 .
That same @ @ @ @ @ @ @ midst of a deadly pandemic and a historic economic downturn .
Before Bush left office , he demanded that every Cabinet and agency leader implement an exceptional and apolitical transition plan to ensure a smooth handoff to a new administration .
As the Housing and Urban Development secretary and the prior administrator of the Small Business Administration , my first priority was ensuring that Obama and his team understood the information we had , the programs in place and the resources that would be available on Inauguration Day to help the American people @ @ @ @ @ @ @ two administrations had many differing views , we facilitated the smooth transition of power to ensure that people kept their homes and that small businesses could stay in business .
Small businesses , homeowners , renters and nonprofits will again require significant support from the next administration and the next Congress .
To be effective , President-elect Joe Biden and his team must have the opportunity to learn from the SBA 's successes and mistakes over the past year , and understand what HUD can do to help those who can not pay @ @ @ @ @ @ @ assist landlords who find themselves on the financial edge .
Enabling them to do so does not mitigate the current president 's right or ability to raise legal challenges to the election .
If the lame-duck Congress decides to provide additional support to businesses , nonprofits and individuals and extend assistance under the CARES Act passed earlier this year — and they should — the American people will benefit if the Biden team can prepare to come into office and hit the ground running .
Through the CARES Act , the SBA this @ @ @ @ @ @ @ to American businesses and nonprofit organizations — more than 80 times the approximately 63,000 loans they issued in 2019 .
Over the next weeks and months , the SBA will be flooded with requests for loan forgiveness and potentially new loans .
Evaluating and responding to those requests requires careful audits and reviews .
When a new administration team walks in the door , they should be aware of any bottlenecks that exist and have plans in place to address them .
None of this is possible if the formal transition does not @ @ @ @ @ @ @ delayed transition has a negative impact on individuals as well .
Today , most small businesses and many nonprofits have less than 30 days ' cash on hand and backlogged expenses .
Continuing to meet their needs will take time , and every day in a transition counts .
If this does n't happen , small business owners and their employees will suffer .
In addition , moratoriums on evictions and foreclosures are set to expire by the end of the year .
Millions of eviction notices could be filed by Jan. 1 @ @ @ @ @ @ @ can not allow the handoff to the new administration be fumbled .
The incoming team needs access to the data collected by HUD and the SBA to make responsible decisions about the best ways to address these issues .
They also need access to the career experts at both agencies .
I would never have thought that an effective transition could be more important than that of 2008-09 , but here we are .
If the new administration enters office without being properly prepared , the American people will suffer .
Perhaps most @ @ @ @ @ @ @ the most will be among some of the most vulnerable in society as well as those who are the drivers of our economy .
To protect these individuals and for the economy to recover as quickly as possible , the formal presidential transition must start today .
Steven C. Preston is president and CEO of Goodwill Industries International and served as secretary of the Department of Housing and Urban Development and as administrator of the Small Business Administration during the George W. Bush administration .

US President George W. Bush and president-elect Barack Obama walk through the colonnade November 10, 2008 to the Oval Office at the White House in Washington, DC.
Twelve years ago, during another presidential transition, the American economy was on the verge of collapse. Millions were at risk of evictions, demand was surging for FHA mortgages, and small business failures continued to mount.
The collaboration between the outgoing President George W. Bush and incoming President Barack Obama administrations was essential for the nation to turn the corner in 2009. That same collaboration should be occurring today in the midst of a deadly pandemic and a historic economic downturn.
Before Bush left office, he demanded that every Cabinet and agency leader implement an exceptional and apolitical transition plan to ensure a smooth handoff to a new administration. As the Housing and Urban Development secretary and the prior administrator of the Small Business Administration, my first priority was ensuring that Obama and his team understood the information we had, the programs in place and the resources that would be available on Inauguration Day to help the American people through the devastating crisis.
While the two administrations had many differing views, we facilitated the smooth transition of power to ensure that people kept their homes and that small businesses could stay in business.
Small businesses, homeowners, renters and nonprofits will again require significant support from the next administration and the next Congress.
To be effective, President-elect Joe Biden and his team must have the opportunity to learn from the SBA's successes and mistakes over the past year, and understand what HUD can do to help those who cannot pay their rent and mortgages – and to assist landlords who find themselves on the financial edge. Enabling them to do so does not mitigate the current president's right or ability to raise legal challenges to the election.
If the lame-duck Congress decides to provide additional support to businesses, nonprofits and individuals and extend assistance under the CARES Act passed earlier this year — and they should — the American people will benefit if the Biden team can prepare to come into office and hit the ground running.
Through the CARES Act, the SBA this year issued more than five million loans to American businesses and nonprofit organizations — more than 80 times the approximately 63,000 loans they issued in 2019. Over the next weeks and months, the SBA will be flooded with requests for loan forgiveness and potentially new loans. Evaluating and responding to those requests requires careful audits and reviews. When a new administration team walks in the door, they should be aware of any bottlenecks that exist and have plans in place to address them. None of this is possible if the formal transition does not begin now.
The chaos surrounding a delayed transition has a negative impact on individuals as well. Today, most small businesses and many nonprofits have less than 30 days' cash on hand and backlogged expenses. Continuing to meet their needs will take time, and every day in a transition counts. If this doesn't happen, small business owners and their employees will suffer.
In addition, moratoriums on evictions and foreclosures are set to expire by the end of the year. Millions of eviction notices could be filed by Jan. 1 if protections are not extended.
We cannot allow the handoff to the new administration be fumbled.
The incoming team needs access to the data collected by HUD and the SBA to make responsible decisions about the best ways to address these issues. They also need access to the career experts at both agencies.
I would never have thought that an effective transition could be more important than that of 2008-09, but here we are.
If the new administration enters office without being properly prepared, the American people will suffer. Perhaps most importantly, the Americans who will suffer the most will be among some of the most vulnerable in society as well as those who are the drivers of our economy. To protect these individuals and for the economy to recover as quickly as possible, the formal presidential transition must start today.
Steven C. Preston is president and CEO of Goodwill Industries International and served as secretary of the Department of Housing and Urban Development and as administrator of the Small Business Administration during the George W. Bush administration.


cnbc--2020-11-24--Trump campaign suffers new court loss in attempt to block Biden's win in Pennsylvania

Luzerne County employees open mail-in ballots to be counted at the elections board in Wilkes-Barre .
Pennsylvania mail-in ballots are being counted with about fifty thousand in total , Luzerne County hopes to finish tonight .
These cases were aimed at the Board of Elections in Philadelphia County , the most populous area in Pennsylvania and one that overwhelmingly voted for Biden over Trump .
The state Supreme Court 's judgment knocked down multiple lawsuits that the Trump campaign had been pursuing as part of its efforts to overturn the outcome of Pennsylvania 's presidential election .
The Trump campaign @ @ @ @ @ @ @ that have sought to reverse votes for Biden .
The ruling comes on the heels of a federal judge 's decision in the state that dismissed the campaign 's request to block certification of votes expected to confirm a victory there for President-elect Joe Biden .
The Pennsylvania Supreme Court on Monday dealt President Donald Trump 's campaign yet another legal loss , ruling that mail-in ballots cast in the state 's presidential election can be counted even if a voter failed to completely fill out the envelope .
The campaign 's lawsuits @ @ @ @ @ @ @ absentee and mail-in ballots that the county elections board decided to count despite possible errors on the outer envelopes .
The campaign had argued that these errors , which included failing to handwrite a proper name , date or street address on the outside of the ballot-return envelope , were disqualifying .
But the Supreme Court disagreed .
The court also noted that the campaign was not arguing that there was any evidence of fraud associated with these ballots .
Outside of the courtroom , Trump 's lawyers and surrogates have been quick @ @ @ @ @ @ @ a state and national level .
One lawyer , Sidney Powell , claimed without evidence that an international communist-linked conspiracy was afoot to rig election software against Trump .
Powell was effectively fired from the Trump campaign 's legal team after making those claims , which were immediately met with heavy criticism from both sides of the political aisle .
But when standing before a judge under oath , some of the same people , such as Trump 's attorney Rudy Giuliani , have declined to argue that election fraud had been committed @ @ @ @ @ @ @ failures to include a handwritten name , address or date in the voter declaration on the back of the outer envelope , while constituting technical violations of the Election Code , do not warrant the wholesale disenfranchisement of thousands of Pennsylvania voters , '' Justice Christine Donohue wrote in the judgment of the court .
If the Trump campaign had won the case and invalidated the votes , it would not have been nearly enough to theoretically overcome Biden 's more than 81,000-vote lead in Pennsylvania — even if all of the ballots @ @ @ @ @ @ @ Trump now likely finds himself left with the federal case , whose loss his campaign has appealed in part , as his last legal shot to overturn Biden 's electoral victory in Pennsylvania .
This is breaking news .
Please check back for updates .

Luzerne County employees open mail-in ballots to be counted at the elections board in Wilkes-Barre. Pennsylvania mail-in ballots are being counted with about fifty thousand in total, Luzerne County hopes to finish tonight.
These cases were aimed at the Board of Elections in Philadelphia County, the most populous area in Pennsylvania and one that overwhelmingly voted for Biden over Trump.
The state Supreme Court's judgment knocked down multiple lawsuits that the Trump campaign had been pursuing as part of its efforts to overturn the outcome of Pennsylvania's presidential election.
The Trump campaign has consistently lost or withdrawn court cases that have sought to reverse votes for Biden .
The ruling comes on the heels of a federal judge's decision in the state that dismissed the campaign's request to block certification of votes expected to confirm a victory there for President-elect Joe Biden.
The Pennsylvania Supreme Court on Monday dealt President Donald Trump's campaign yet another legal loss, ruling that mail-in ballots cast in the state's presidential election can be counted even if a voter failed to completely fill out the envelope.
The campaign's lawsuits were focused on the fewer than 9,000 absentee and mail-in ballots that the county elections board decided to count despite possible errors on the outer envelopes. The campaign had argued that these errors, which included failing to handwrite a proper name, date or street address on the outside of the ballot-return envelope, were disqualifying. But the Supreme Court disagreed.
The court also noted that the campaign was not arguing that there was any evidence of fraud associated with these ballots.
Outside of the courtroom, Trump's lawyers and surrogates have been quick to assert sweeping allegations of fraud at a state and national level. One lawyer, Sidney Powell, claimed without evidence that an international communist-linked conspiracy was afoot to rig election software against Trump. Powell was effectively fired from the Trump campaign's legal team after making those claims, which were immediately met with heavy criticism from both sides of the political aisle.
But when standing before a judge under oath, some of the same people, such as Trump's attorney Rudy Giuliani, have declined to argue that election fraud had been committed.
"Here we conclude that while failures to include a handwritten name, address or date in the voter declaration on the back of the outer envelope, while constituting technical violations of the Election Code, do not warrant the wholesale disenfranchisement of thousands of Pennsylvania voters," Justice Christine Donohue wrote in the judgment of the court.
If the Trump campaign had won the case and invalidated the votes, it would not have been nearly enough to theoretically overcome Biden's more than 81,000-vote lead in Pennsylvania — even if all of the ballots in question had gone to Biden.
Trump now likely finds himself left with the federal case, whose loss his campaign has appealed in part, as his last legal shot to overturn Biden's electoral victory in Pennsylvania.
This is breaking news. Please check back for updates.


cnbc--2020-11-25--Trump rants about overturning the election even as administration begins transition to Biden

President Donald Trump on Wednesday called for President-elect Joe Biden 's electoral victory to be overturned , and spread unproven claims of voter fraud while falsely insisting he won a series of key swing states that went to Biden .
Facing defeat after a string of court losses , Trump made a surprise call-in appearance at a Republican state legislature hearing in Gettysburg , Pennsylvania , where he stated bluntly that `` we have to turn the election over . ''
Trump claimed his team has gathered `` all the evidence , '' even though judges in numerous states have @ @ @ @ @ @ @ halt the certification of ballots or have swaths of mail-in votes invalidated .
`` All we need is to have some judge listen to it properly , without having a political opinion or having another kind of a problem , '' Trump said from the speaker of a mobile phone held up to a microphone by Jenna Ellis , a member of his campaign 's legal team .
She sat next to Trump 's personal lawyer , Rudy Giuliani .
`` This election has to be turned around , '' Trump asserted elsewhere @ @ @ @ @ @ @ won Pennsylvania by a lot , and we won all of these swing states by a lot . ''
In fact , Pennsylvania Gov .
Tom Wolf on Tuesday announced that he had signed the `` Certificate of Ascertainment '' certifying Biden and Vice President-elect Kamala Harris as the victors in the Keystone State .
Nevada , another key state , on Tuesday also certified Biden and Harris as the winners .
Michigan and Georgia , too , have certified their votes , dragging Trump 's long-shot bid to undo the election result @ @ @ @ @ @ @ than three weeks after Election Day , and weeks after news outlets called the race for Biden , Trump has still refused to concede .
He tweeted Monday night that he `` will never concede '' to Biden , who is projected to win 306 Electoral College votes — 36 more than he needed to win the presidency .
The president 's remarks came just days after a key federal agency told Biden it would make resources available for his transition into the White House .
As Trump spoke , Biden , his @ @ @ @ @ @ @ from Wilmington , Delaware .
`` This is the moment where we need to steel our spines , redouble our efforts , and recommit ourselves to the fight '' against the coronavirus , Biden said .
`` Let 's remember , we 're all in this together . ''
`` So hang on .
Do n't let yourself surrender to the fatigue , '' Biden said , addressing a nation weary of pandemic restrictions but facing a huge spike in cases .
`` I know we can and will beat this virus .
@ @ @ @ @ @ @ war .
We 'll get our lives back , and life is going to return to normal , I promise you , '' said Biden .
`` This will not last forever . ''
The Biden transition team did not immediately respond to a request for comment from CNBC on Trump 's broadside .
The president-elect is expected to travel to his family home in Rehobeth , Delaware , later this afternoon .
Meanwhile , Harris and her husband , Doug Emhoff , made an unannounced visit to DC Central Kitchen , a @ @ @ @ @ @ @ at least 10,000 meals on Thanksgiving Day .

U.S. President Donald Trump speaks to the press in the James Brady Press Briefing Room at the White House on November 24, 2020 in Washington, DC. Trump made brief remarks about the stock market hitting 30,000. Chip Somodevilla | Getty Images
President Donald Trump on Wednesday called for President-elect Joe Biden's electoral victory to be overturned, and spread unproven claims of voter fraud while falsely insisting he won a series of key swing states that went to Biden. Facing defeat after a string of court losses, Trump made a surprise call-in appearance at a Republican state legislature hearing in Gettysburg, Pennsylvania, where he stated bluntly that "we have to turn the election over." Trump claimed his team has gathered "all the evidence," even though judges in numerous states have rejected his campaign's legal efforts to halt the certification of ballots or have swaths of mail-in votes invalidated.
watch now
"All we need is to have some judge listen to it properly, without having a political opinion or having another kind of a problem," Trump said from the speaker of a mobile phone held up to a microphone by Jenna Ellis, a member of his campaign's legal team. She sat next to Trump's personal lawyer, Rudy Giuliani. "This election has to be turned around," Trump asserted elsewhere in the speakerphone speech. "We won Pennsylvania by a lot, and we won all of these swing states by a lot." In fact, Pennsylvania Gov. Tom Wolf on Tuesday announced that he had signed the "Certificate of Ascertainment" certifying Biden and Vice President-elect Kamala Harris as the victors in the Keystone State. Nevada, another key state, on Tuesday also certified Biden and Harris as the winners. Michigan and Georgia, too, have certified their votes, dragging Trump's long-shot bid to undo the election result even further out of reach.
President-elect Joe Biden speaks at The Queen theater Wednesday, Nov. 25, 2020, in Wilmington, Del. Carolyn Kaster | AP


cnbc--2020-11-25--Trump lawyer details far-fetched strategy to reverse Pennsylvania win for Biden

President Donald Trump 's lawyer Rudy Giuliani speaks during a Pennsylvania Senate Majority Policy Committee public hearing Wednesday at the Wyndham Gettysburg Hotel to discuss 2020 election issues and irregularities on November 25 , 2020 in Gettysburg , Pennsylvania .
The Trump campaign is asking that appeals court to hear its bid to block the effect of Tuesday 's certification of a win for Biden in Pennsylvania .
The idea is buried in a footnote in a three-page letter that campaign attorney Marc Scaringi wrote to the U.S. Court of Appeals for the 3rd Circuit .
That far-fetched strategy would @ @ @ @ @ @ @ 's certification of its election results , and then get the state 's General Assembly to agree to send Trump electors to the Electoral College .
A lawyer for President Donald Trump 's campaign on Wednesday revealed that the campaign could be relying on pulling off a complicated — and possibly unprecedented — legal and legislative trick shot to undo President-elect Joe Biden 's victory in Pennsylvania and possibly in other states .
That state has 20 votes in the Electoral College .
Barring any court or legislative intervention , Biden will get @ @ @ @ @ @ @ several other states , have given him 36 more electoral votes than he would need to win the presidency .
The Electoral College is set to vote Dec. 14 .
Scaringi 's letter says U.S. courts can decertify the certification of Pennsylvania 's election , and thus invalidate the ascertainment of those results , which he wrote was `` allegedly issued '' by Gov .
Tom Wolf on Tuesday .
There is nothing alleged about Wolf 's ascertainment of the certified election results , which the governor announced in a tweet that day @ @ @ @ @ @ @ say , `` Moreover , the Pennsylvania General Assembly has the power to appoint the Commonwealth 's presidential electors . ''
`` A decision by the District Court that President Trump won the legal votes may have significant impact on the General Assembly , '' the lawyer wrote .
Scaringi 's letter explicitly details the strategy that the Trump campaign has hinted around for weeks , ever since Biden was projected as the winner of the national election .
That strategy is to cobble together enough successful legal challenges to Biden 's victory @ @ @ @ @ @ @ , or , if necessary , get enough Republican-controlled state legislatures to overrule the popular vote wins for Biden and send Trump electors to the Electoral College .
As part of that strategy , Trump campaign lawyers have repeatedly made allegations of widespread voting fraud .
But they have not provided any evidence of such fraud .
And the campaign and its allies have repeatedly lost or withdrawn court cases that would achieve that goal via lawsuits .
Last week , the GOP leaders of Michigan 's legislature , after a meeting at @ @ @ @ @ @ @ said that they would not overturn their state 's certification of its vote results .
Days later , Michigan certified that Biden had won that state , which has 16 electoral votes .
Despite that , the Trump campaign has said it has hopes that the U.S. Supreme Court , which has three Trump-appointed justices , ultimately will hear its claims .
Even as it pursues that course , Trump earlier this week approved the General Services Administration 's release of $ 7 million in federal funds to Biden to facilitate his transition @ @ @ @ @ @ @ was filed after the Trump campaign suffered a major loss in U.S. District Court in the state .
Federal Judge Matthew Brann on Saturday rejected the campaign 's efforts to block Pennsylvania 's certification of millions of voters .
Brann , in a searing opinion , called the campaign 's claims `` without merit , '' and said that Trump 's legal team , led by former New York City Mayor Rudy Giuliani , failed to present `` compelling legal arguments and factual proof of rampant corruption '' in the state 's mail-in @ @ @ @ @ @ @ Trump campaign did not request that Brann 's ruling be reversed .
Instead , the campaign asked the 3rd Circuit to allow the campaign to file an amended version of its legal complaint , to `` restore claims which were inadvertently deleted '' from a previous version .
Brann 's ruling effectively denied the request to add back in numerous claims that the Trump campaign previously cut from its own lawsuit .
Those included the claim that Pennsylvania elections officials had obstructed Trump 's supporters from observing the counting of mail-in ballots .
@ @ @ @ @ @ @ President Donald J. Trump , '' Scaringi 's letter said .
`` The Campaign 's claims should be heard on the merits , and not dismissed for perceived procedural irregularities . ''
Scaringi 's letter Wednesday also asked the 3rd Circuit to allow Giuliani to make oral arguments in the appeal .
Giuliani is not currently admitted to argue in that court , and `` has not been able to obtain the necessary certifications due to Covid-19 complications with government entities in New York , '' Scaringi wrote .
Lawyers for the Democratic @ @ @ @ @ @ @ parties who have joined the appeal case in opposition to the Trump campaign , did not immediately respond to CNBC 's requests for comment on Scaringi 's letter .
But Biden 's campaign on Tuesday scoffed at the Trump campaign 's refusal to acknowledge that the president lost .
`` It 's readily apparent to everyone besides Donald Trump , Rudy Giuliani , and [ campaign senior legal advisor ] Jenna Ellis that this election is over and that Joe Biden won resoundingly , '' said Bob Bauer , the Biden campaign 's @ @ @ @ @ @ @ everything he could to disenfranchise voters and stop the results from being certified in Pennsylvania , including filing over 15 unsuccessful lawsuits — most recently producing one of the more embarrassing courtroom performances of all time , with the judge in the case ruling that their arguments were 'without merit ' and 'unsupported by evidence , ' '' Bauer said .
`` Trump did not succeed in Pennsylvania and he will not succeed anywhere else .
Trump 's lawsuits will continue to fail , as they have in over 30 cases since election @ @ @ @ @ @ @ their results , and Joe Biden will be sworn in as President on January 20 , 2021 . ''
Raffi Melkonian , an appellate lawyer based in Houston , told CNBC in a phone call that the argument put forward in the footnote looks `` made up . ''
Melkonian disputed that a case cited by Scaringi in that footnote actually suggests that `` federal courts may order the result of the Election decertified '' once a governor has signed off on it .
But the appellate lawyer said the Trump campaign has @ @ @ @ @ @ @ this point : `` I mean , everything else is moot . ''
Melkonian said the letter itself is `` strange . ''
`` You 're not supposed to sort of sneak in arguments that you did n't make in your brief , '' he said .
It 's unclear if the appeal will allow arguments , as Scaringi is requesting .
Melkonian said he does n't know if the circuit court will `` have interest in hearing Rudy Giuliani ineptly argue the case . ''
`` If they do , I assume @ @ @ @ @ @ @ time , '' Melkonian said .

President Donald Trump's lawyer Rudy Giuliani speaks during a Pennsylvania Senate Majority Policy Committee public hearing Wednesday at the Wyndham Gettysburg Hotel to discuss 2020 election issues and irregularities on November 25, 2020 in Gettysburg, Pennsylvania.
The Trump campaign is asking that appeals court to hear its bid to block the effect of Tuesday's certification of a win for Biden in Pennsylvania.
The idea is buried in a footnote in a three-page letter that campaign attorney Marc Scaringi wrote to the U.S. Court of Appeals for the 3rd Circuit.
That far-fetched strategy would require a federal court to invalidate Pennsylvania's certification of its election results, and then get the state's General Assembly to agree to send Trump electors to the Electoral College.
A lawyer for President Donald Trump's campaign on Wednesday revealed that the campaign could be relying on pulling off a complicated — and possibly unprecedented — legal and legislative trick shot to undo President-elect Joe Biden's victory in Pennsylvania and possibly in other states.
That state has 20 votes in the Electoral College. Barring any court or legislative intervention, Biden will get those votes, which, along with several other states, have given him 36 more electoral votes than he would need to win the presidency. The Electoral College is set to vote Dec. 14.
Scaringi's letter says U.S. courts can decertify the certification of Pennsylvania's election, and thus invalidate the ascertainment of those results, which he wrote was "allegedly issued" by Gov. Tom Wolf on Tuesday.
There is nothing alleged about Wolf's ascertainment of the certified election results, which the governor announced in a tweet that day.
Scaringi's footnote went on to say, "Moreover, the Pennsylvania General Assembly has the power to appoint the Commonwealth's presidential electors."
"A decision by the District Court that President Trump won the legal votes may have significant impact on the General Assembly," the lawyer wrote.
Scaringi's letter explicitly details the strategy that the Trump campaign has hinted around for weeks, ever since Biden was projected as the winner of the national election.
That strategy is to cobble together enough successful legal challenges to Biden's victory in enough states to undo that victory, or, if necessary, get enough Republican-controlled state legislatures to overrule the popular vote wins for Biden and send Trump electors to the Electoral College.
As part of that strategy, Trump campaign lawyers have repeatedly made allegations of widespread voting fraud. But they have not provided any evidence of such fraud.
And the campaign and its allies have repeatedly lost or withdrawn court cases that would achieve that goal via lawsuits.
Last week, the GOP leaders of Michigan's legislature, after a meeting at the White House with Trump, pointedly said that they would not overturn their state's certification of its vote results.
Days later, Michigan certified that Biden had won that state, which has 16 electoral votes.
Despite that, the Trump campaign has said it has hopes that the U.S. Supreme Court, which has three Trump-appointed justices, ultimately will hear its claims.
Even as it pursues that course, Trump earlier this week approved the General Services Administration's release of $7 million in federal funds to Biden to facilitate his transition into office.
The appeal in Pennsylvania was filed after the Trump campaign suffered a major loss in U.S. District Court in the state.
Federal Judge Matthew Brann on Saturday rejected the campaign's efforts to block Pennsylvania's certification of millions of voters.
Brann, in a searing opinion, called the campaign's claims "without merit," and said that Trump's legal team, led by former New York City Mayor Rudy Giuliani, failed to present "compelling legal arguments and factual proof of rampant corruption" in the state's mail-in ballots.
In its appeal, the Trump campaign did not request that Brann's ruling be reversed.
Instead, the campaign asked the 3rd Circuit to allow the campaign to file an amended version of its legal complaint, to "restore claims which were inadvertently deleted" from a previous version.
Brann's ruling effectively denied the request to add back in numerous claims that the Trump campaign previously cut from its own lawsuit.
Those included the claim that Pennsylvania elections officials had obstructed Trump's supporters from observing the counting of mail-in ballots.
"Over 70 million Americans voted for President Donald J. Trump," Scaringi's letter said. "The Campaign's claims should be heard on the merits, and not dismissed for perceived procedural irregularities."
Scaringi's letter Wednesday also asked the 3rd Circuit to allow Giuliani to make oral arguments in the appeal.
Giuliani is not currently admitted to argue in that court, and "has not been able to obtain the necessary certifications due to Covid-19 complications with government entities in New York," Scaringi wrote.
Lawyers for the Democratic National Committee, one of the many parties who have joined the appeal case in opposition to the Trump campaign, did not immediately respond to CNBC's requests for comment on Scaringi's letter.
But Biden's campaign on Tuesday scoffed at the Trump campaign's refusal to acknowledge that the president lost.
"It's readily apparent to everyone besides Donald Trump, Rudy Giuliani, and [campaign senior legal advisor] Jenna Ellis that this election is over and that Joe Biden won resoundingly," said Bob Bauer, the Biden campaign's senior legal advisor.
"Trump did everything he could to disenfranchise voters and stop the results from being certified in Pennsylvania, including filing over 15 unsuccessful lawsuits — most recently producing one of the more embarrassing courtroom performances of all time, with the judge in the case ruling that their arguments were 'without merit' and 'unsupported by evidence,'" Bauer said.
"Trump did not succeed in Pennsylvania and he will not succeed anywhere else. Trump's lawsuits will continue to fail, as they have in over 30 cases since election day, states will continue to certify their results, and Joe Biden will be sworn in as President on January 20, 2021."
Raffi Melkonian, an appellate lawyer based in Houston, told CNBC in a phone call that the argument put forward in the footnote looks "made up."
Melkonian disputed that a case cited by Scaringi in that footnote actually suggests that "federal courts may order the result of the Election decertified" once a governor has signed off on it.
But the appellate lawyer said the Trump campaign has few other legal avenues to pursue at this point: "I mean, everything else is moot."
Melkonian said the letter itself is "strange."
"You're not supposed to sort of sneak in arguments that you didn't make in your brief," he said.
It's unclear if the appeal will allow arguments, as Scaringi is requesting. Melkonian said he doesn't know if the circuit court will "have interest in hearing Rudy Giuliani ineptly argue the case."
"If they do, I assume they'll give him an extremely hard time," Melkonian said.


cnbc--2020-11-25--DOJ appeals ruling that kept Trump as defendant in E. Jean Carroll rape claim case

E. Jean Carroll visits 'Tell Me Everything ' with John Fugelsang in the SiriusXM Studios on July 11 , 2019 in New York .
The U.S. Justice Department on Wednesday appealed a federal judge 's decision that kept President Donald Trump as the defendant in a defamation lawsuit filed by the writer E. Jean Carroll , who claims he raped her two decades ago .
The judge , Lewis Kaplan , last month barred the Justice Department from having the U.S. government replace the presumptive lame-duck president as a defendant in the lawsuit .
Attorney General William Barr has said @ @ @ @ @ @ @ as a defendant , as he wanted it to be , then the case would be tossed out because the government had not waived sovereign immunity , as the protection from the government being sued is known as .
The Justice Department has argued that Trump was acting as a government employee when he said Carroll was lying and motivated by money with her allegation that he attacked her in a dressing room the Bergdorf Goodman department store in 1995 or 1996 .
`` The President of the United States is not an @ @ @ @ @ @ @ of the relevant statutes , '' Kaplan wrote in a 59-page ruling released in U.S. District Court in Manhattan on Oct. 27.. '' Even if he were such an employee , President Trump 's allegedly defamatory statements concerning Ms. Carroll would not have been within the scope of his employment , '' Kaplan wrote .
`` Accordingly , the motion to substitute the United States in place of President Trump is denied . ''
Carroll had tweeted after the ruling , `` This win is for every woman in the country ! ''
@ @ @ @ @ @ @ filed in the U.S .
Circuit Court of Appeals for the 2nd Circuit , according to its filing in Manhattan federal court .
Carroll 's lawyer Robbie Kaplan , who is not related to the judge , said `` We are not at all surprised that the current Department of Justice , which filed its motion to intervene in E Jean Carroll 's case at the request of the White House , is appealing Judge Kaplan 's decision . ''
`` From the very start of this case , Donald Trump 's number @ @ @ @ @ @ @ and cause delay , '' said Kaplan in a statement .
`` It remains to be seen whether the new Attorney General will agree that Trump was acting within the scope of his employment as President when he defamed our client .
In any event , we are confident that the Second Circuit will affirm the District Court 's comprehensive and well-reasoned opinion . ''
A Justice Department spokeswoman did not immediately return a request for comment .
Carroll 's lawsuit was pending in New York state court , where Trump was represented @ @ @ @ @ @ @ year before the Justice Department intervened and had the case removed to federal court , as it sought to substitute the government for the president as a defendant .
The departments move came shortly after rulings by a state judge that would have compelled Trump to submit to questioning in a deposition by Carroll 's lawyers .
Trump also would have to submit to a DNA test to see if his genetic material is on a dress that Carroll has said she wore during the alleged attack , according to the state court @ @ @ @ @ @ @ Ask E. Jean '' advice column in Elle magazine for more than a quarter century beofore magazine fired her in early 2020 , Her past writing for NBC 's Saturday Night Live , '' garnered her an Emmy nomination .
She is also the author of a biography about gonzo journalist Hunter S. Thompson , as well as a book that included her claim about Trump , entitled `` What Do We Need Men For : A Modest Proposal . ''
Carroll first made her claim of being raped by Trump in a @ @ @ @ @ @ @ 2019 .
Trump responded by claiming he had `` never met this person , '' and also said that Carroll was trying `` to get publicity '' and `` sell a book '' with her allegations .
But photographs show Trump greeting Carroll at an event some time before the encounter happened .
Multiple other women have accused Trump of sexual misconduct .
He has denied each of their accusations .
But shortly before the 2016 presidential election , a 2005 recording of the show `` Access Hollywood , '' surfaced and revealed @ @ @ @ @ @ @ without their consent .

E. Jean Carroll visits 'Tell Me Everything' with John Fugelsang in the SiriusXM Studios on July 11, 2019 in New York.
The U.S. Justice Department on Wednesday appealed a federal judge's decision that kept President Donald Trump as the defendant in a defamation lawsuit filed by the writer E. Jean Carroll, who claims he raped her two decades ago.
The judge, Lewis Kaplan, last month barred the Justice Department from having the U.S. government replace the presumptive lame-duck president as a defendant in the lawsuit.
Kaplan's ruling effectively saved Carroll's lawsuit from dismissal.
Attorney General William Barr has said that if the government was swapped in as a defendant, as he wanted it to be, then the case would be tossed out because the government had not waived sovereign immunity, as the protection from the government being sued is known as.
The Justice Department has argued that Trump was acting as a government employee when he said Carroll was lying and motivated by money with her allegation that he attacked her in a dressing room at the Bergdorf Goodman department store in 1995 or 1996.
Kaplan flatly rejected that argument.
"The President of the United States is not an employee of the Government within the meaning of the relevant statutes," Kaplan wrote in a 59-page ruling released in U.S. District Court in Manhattan on Oct. 27.
"Even if he were such an employee, President Trump's allegedly defamatory statements concerning Ms. Carroll would not have been within the scope of his employment," Kaplan wrote.
"Accordingly, the motion to substitute the United States in place of President Trump is denied."
Carroll had tweeted after the ruling, "This win is for every woman in the country!"
The Justice Department's appeal is being filed in the U.S. Circuit Court of Appeals for the 2nd Circuit, according to its filing in Manhattan federal court.
Carroll's lawyer Robbie Kaplan, who is not related to the judge, said, "We are not at all surprised that the current Department of Justice, which filed its motion to intervene in E Jean Carroll's case at the request of the White House, is appealing Judge Kaplan's decision."
"From the very start of this case, Donald Trump's number one goal has been to avoid discovery and cause delay," Kaplan said in a statement.
"It remains to be seen whether the new Attorney General will agree that Trump was acting within the scope of his employment as President when he defamed our client. In any event, we are confident that the Second Circuit will affirm the District Court's comprehensive and well-reasoned opinion."
A Justice Department spokeswoman did not immediately respond to a request for comment.
Carroll's lawsuit was pending in New York state court, where Trump was represented by private attorneys, for nearly a year before the Justice Department intervened and had the case removed to federal court, as it sought to substitute the government for the president as a defendant.
The department's move came shortly after rulings by a state judge that would have compelled Trump to submit to questioning in a deposition by Carroll's lawyers.
Trump also would have to submit to a DNA test to see if his genetic material is on a dress that Carroll has said she wore during the alleged attack, according to the state court rulings.
Carroll had written the "Ask E. Jean" advice column in Elle magazine for more than a quarter century before the magazine fired her in early 2020.
Her past writing for NBC's "Saturday Night Live" garnered her an Emmy nomination.
She is also the author of a biography about gonzo journalist Hunter S. Thompson, as well as a book that included her claim about Trump, "What Do We Need Men For: A Modest Proposal."
Carroll first made her claim of being raped by Trump in a New York magazine article published in July 2019.
Trump responded by claiming he had "never met this person" and also said that Carroll was trying "to get publicity" and "sell a book" with her allegations.
But photographs show Trump greeting Carroll at an event some time before the encounter happened.
Multiple other women have accused Trump of sexual misconduct. He has denied each of their accusations.
But shortly before the 2016 presidential election, a 2005 recording of the show "Access Hollywood" surfaced and revealed Trump bragging about grabbing women's genitals without their consent.


cnbc--2020-11-25--Another Trump campaign advisor tests positive for coronavirus, as Giuliani heads to Gettysburg

Trump Campaign Senior Legal Advisor Jenna Ellis speaks as Trump campaign advisor Boris Epshteyn whispers to former New York City Mayor Rudy Giuliani , personal attorney to President Donald Trump , during a news conference about the 2020 U.S. presidential election results at Republican National Committee headquarters in Washington , November 19 , 2020 .
A top advisor to President Donald Trump 's campaign said Wednesday that he has tested positive for the coronavirus , six days after attending a controversial press conference led by Trump 's lawyer Rudy Giuliani .
The disclosure of the Covid-19 diagnosis by Boris Epshteyn @ @ @ @ @ @ @ who led that press conference , headed to Gettysburg , Pennsylvania , for what was being called a hearing by the Pennsylvania Senate Majority Policy Committee on the state 's election .
Giuliani 's son , Andrew , who also attended his father 's press conference Thursday at the Republican National Committee headquarters in Washington , revealed last Friday that he tested positive for the coronavirus .
Andrew Giuliani is a White House special assistant to Trump .
The Gettysburg hearing comes a day after Pennsylvania certified its election results showing a win @ @ @ @ @ @ @ former Democratic vice president .
Epshteyn in a tweet said , `` I am experiencing mild symptoms , and am following all appropriate protocols , including quarantining and contact tracing . ''
Jenna Ellis , a senior legal advisor to the campaign , who also was at the press conference , tweeted about a half hour before Epshteyn 's tweet that she was `` Headed to Gettysburg , PA with @ RudyGiuliani . ''
The campaign has said that the hearing , called by Republican state senators , will hear testimony from people @ @ @ @ @ @ @ aware of election fraud .
Epshteyn , a former special assistant to Trump , was physically very close to both Giuliani and Ellis during the press conference , where those two lawyers and then-campaign lawyer Sidney Powell made broad claims of election fraud for which they have offered no evidence .

Trump Campaign Senior Legal Advisor Jenna Ellis speaks as Trump campaign advisor Boris Epshteyn whispers to former New York City Mayor Rudy Giuliani, personal attorney to President Donald Trump, during a news conference about the 2020 U.S. presidential election results at Republican National Committee headquarters in Washington, November 19, 2020.
A top advisor to President Donald Trump's campaign said Wednesday that he has tested positive for the coronavirus, six days after attending a controversial press conference led by Trump's lawyer Rudy Giuliani.
The disclosure of the Covid-19 diagnosis by Boris Epshteyn came as Giuliani, the Trump lawyer who led that press conference, headed to Gettysburg, Pennsylvania, for what was being called a hearing by the Pennsylvania Senate Majority Policy Committee on the state's election.
Giuliani's son, Andrew, who also attended his father's press conference Thursday at the Republican National Committee headquarters in Washington, revealed last Friday that he tested positive for the coronavirus. Andrew Giuliani is a White House special assistant to Trump.
The Gettysburg hearing comes a day after Pennsylvania certified its election results showing a win there for President-elect Joe Biden, the former Democratic vice president.
Epshteyn in a tweet said, "I am experiencing mild symptoms, and am following all appropriate protocols, including quarantining and contact tracing."
Jenna Ellis, a senior legal advisor to the campaign, who also was at the press conference, tweeted about a half hour before Epshteyn's tweet that she was "Headed to Gettysburg, PA with @RudyGiuliani."
The campaign has said that the hearing, called by Republican state senators, will hear testimony from people who have submitted affidavits claiming they were aware of election fraud.
Epshteyn, a former special assistant to Trump, was physically very close to both Giuliani and Ellis during the press conference, where those two lawyers and then-campaign lawyer Sidney Powell made broad claims of election fraud for which they have offered no evidence.


cnbc--2020-11-25--Biden team meets with former U.S. media agency leaders, including some ousted by Trump appointee

Former leaders of the U.S. Agency for Global Media have been meeting with members of Joe Biden 's transition team to discuss what has taken place at the federal media agency under President Donald Trump — and what 's to come for the organization under the new regime .
Biden 's USAGM transition team leader is Richard Stengel , an MSNBC political analyst and former managing editor at Time magazine .
He also served as under secretary of State for public diplomacy and public affairs while a member of President Barack Obama 's administration .
These agency review teams `` @ @ @ @ @ @ @ each agency , ensuring a smooth transfer of power , and preparing for President-elect Biden and Vice President-elect Harris and their cabinet to hit the ground running on Day One , '' the Biden transition website says .
`` By the close of business on Tuesday , agency review teams made contact or met with over 50 agencies and commissions including each of the major offices within the executive office of the president , '' Jen Psaki , a Biden transition advisor , told reporters on Wednesday .
A Biden transition spokesperson did @ @ @ @ @ @ @ .
Stengel did not respond to a request for comment through his NBC email .
The preliminary conversations suggest that Biden is looking to reverse much of what was done to the agency in the latter stages of the Trump administration .
The president-elect has previously committed to removing Michael Pack , the Trump-appointed USAGM CEO .
Stengel and other members of Biden 's USAGM review team have spoken with some of the former agency heads who were ousted by Pack , according to people with direct knowledge of the matter .
Shortly @ @ @ @ @ @ @ this summer , Pack purged the USAGM 's network board members and leaders at Radio Free Europe/Radio Liberty , the Middle East Broadcasting Network and Radio Free Asia .
Those who declined to be named did so in order to speak freely .
The way the agency has been run , both under Pack and CEOs before him , has come up in these discussions , these people added .
The focus on Pack has , in part , turned to the importance of bringing back the so-called `` firewall '' that Pack @ @ @ @ @ @ @ firewall '' legislation , according to USAGM network Voice of America , was `` designed to shelter journalists from interference that could undermine their credibility . ''
Beyond the removal of key USAGM leaders , Pack has been under siege by critics ever since he became the agency 's leader .
National Public Radio recently put together a detailed list of problems that the agency has faced , including lawsuits and claims of anti-Trump bias against VOA 's White House bureau chief .
Trump himself has publicly taken aim at VOA .
Prior @ @ @ @ @ @ @ Pack was a conservative filmmaker and had ties to former White House chief strategist Steve Bannon , as the two worked on two documentaries together .
Another Pack-related concern that was brought up to the Biden team is the `` interest in restoring stability '' by the incoming administration , according to one of the people with direct knowledge .
Names to replace Pack that have been floated to Biden agency review members include Grant Turner , who was once USAGM 's acting CEO , this person said .
There has also been @ @ @ @ @ @ @ other media heads who were removed during Pack 's initial purge , this person added .
Stengel himself could also be the next USAGM leader after heading the transition review team .
Former USAGM CEO John Lansing , who is currently president of National Public Radio , is among the people who engaged with Stengel 's team , according to the people .
Lansing left before Pack arrived .
The Biden team also conferred with Steve Capus , a former senior advisor at USAGM , who was ousted at the start of Pack @ @ @ @ @ @ @ the agency , Capus had a 20-year career at NBC , with stints as the president of NBC News and as an executive producer of NBC Nightly News with Tom Brokaw .
He later was an executive producer at CBS News , his LinkedIn page says .
A spokeswoman for NPR did not deny that Lansing spoke to Biden 's transition team and declined to comment further .
Capus did not respond to repeated requests for comment .
One of the documents that was given to Stengel 's team is titled the `` @ @ @ @ @ @ @ .
It details , among other things , the morale at Voice of America just before Pack took over the agency .
The document , reviewed by CNBC , suggests that morale was skyrocketing at the network prior to Pack 's confirmation .
A person familiar with the outreach to the Biden transition argued that morale , something Pack promised to raise to new heights , has hit new lows .

Former leaders of the U.S. Agency for Global Media have been meeting with members of Joe Biden's transition team to discuss what has taken place at the federal media agency under President Donald Trump — and what's to come for the organization under the new regime.
Biden's USAGM transition team leader is Richard Stengel, an MSNBC political analyst and former managing editor at Time magazine. He also served as under secretary of State for public diplomacy and public affairs while a member of President Barack Obama's administration.
These agency review teams "are responsible for understanding the operations of each agency, ensuring a smooth transfer of power, and preparing for President-elect Biden and Vice President-elect Harris and their cabinet to hit the ground running on Day One," the Biden transition website says.
"By the close of business on Tuesday, agency review teams made contact or met with over 50 agencies and commissions including each of the major offices within the executive office of the president," Jen Psaki, a Biden transition advisor, told reporters on Wednesday.
A Biden transition spokesperson did not respond to a request for comment. Stengel did not respond to a request for comment through his NBC email.
The preliminary conversations suggest that Biden is looking to reverse much of what was done to the agency in the latter stages of the Trump administration. The president-elect has previously committed to removing Michael Pack, the Trump-appointed USAGM CEO.
Stengel and other members of Biden's USAGM review team have spoken with some of the former agency heads who were ousted by Pack, according to people with direct knowledge of the matter. Shortly after he was confirmed by the Senate this summer, Pack purged the USAGM's network board members and leaders at Radio Free Europe/Radio Liberty, the Middle East Broadcasting Network and Radio Free Asia.
Those who declined to be named did so in order to speak freely.
The way the agency has been run, both under Pack and CEOs before him, has come up in these discussions, these people added. The focus on Pack has, in part, turned to the importance of bringing back the so-called "firewall" that Pack has moved to repeal. The "firewall" legislation, according to USAGM network Voice of America, was "designed to shelter journalists from interference that could undermine their credibility."
Beyond the removal of key USAGM leaders, Pack has been under siege by critics ever since he became the agency's leader. National Public Radio recently put together a detailed list of problems that the agency has faced, including lawsuits and claims of anti-Trump bias against VOA's White House bureau chief.
Trump himself has publicly taken aim at VOA. Prior to taking the helm at USAGM, Pack was a conservative filmmaker and had ties to former White House chief strategist Steve Bannon, as the two worked on two documentaries together.
Another Pack-related concern that was brought up to the Biden team is the "interest in restoring stability" by the incoming administration, according to one of the people with direct knowledge. Names to replace Pack that have been floated to Biden agency review members include Grant Turner, who was once USAGM's acting CEO, this person said. There has also been discussion about bringing back many of the other media heads who were removed during Pack's initial purge, this person added.
Stengel himself could also be the next USAGM leader after heading the transition review team.
Former USAGM CEO John Lansing, who is currently president of National Public Radio, is among the people who engaged with Stengel's team, according to the people. Lansing left before Pack arrived. The Biden team also conferred with Steve Capus, a former senior advisor at USAGM, who was ousted at the start of Pack's tenure.
Before his role at the agency, Capus had a 20-year career at NBC, with stints as the president of NBC News and as an executive producer of NBC Nightly News with Tom Brokaw. He later was an executive producer at CBS News, his LinkedIn page says.
A spokeswoman for NPR did not deny that Lansing spoke to Biden's transition team and declined to comment further. Capus did not respond to repeated requests for comment.
One of the documents that was given to Stengel's team is titled the "VOA Transformation," another person explained. It details, among other things, the morale at Voice of America just before Pack took over the agency. The document, reviewed by CNBC, suggests that morale was skyrocketing at the network prior to Pack's confirmation.
A person familiar with the outreach to the Biden transition argued that morale, something Pack promised to raise to new heights, has hit new lows.


cnbc--2020-11-25--Op-ed: IRS tax-refund backlog adds to Americans' hardship during Covid-19 pandemic

Every year , Americans know that they must file their taxes on a deadline or face serious consequences .
They have the right to expect that the Internal Revenue Service ( IRS ) will hold up its end of the bargain by promptly and professionally processing returns and issuing refunds .
However , right now the IRS is lagging badly behind , with over 3 million pieces of unopened mail and one million unprocessed tax returns in their hands .
This year has posed a hardship for millions of Americans , and delays and confusion in the agency that handles @ @ @ @ @ @ @ that stress .
During my time as North Dakota Tax Commissioner , I learned firsthand the importance of quickly and efficiently processing tax returns .
When tax payments sit in envelopes , their value depreciates and funding for critical public priorities is held up .
President Donald Trump came to government promising that he would bring competence by running agencies like businesses .
Unfortunately for the American people , he 's been running the IRS like one of his businesses .
As a result , Americans are in the dark about their tax @ @ @ @ @ @ @ .
To be fair , the IRS has been underfunded , understaffed , and struggling to do its job for years .
Treasury Secretary Steven Mnuchin promised to run the IRS like a business and fix the inefficiencies .
At Mnuchin 's confirmation hearing , he acknowledged the agency 's lack of resources and enforcement of the tax laws .
He promised to `` adequately staff and modernize the IRS '' and to `` work with the Commissioner and Congress to improve the performance of the IRS , including advocating for resources .
@ @ @ @ @ @ @ .

Every year, Americans know that they must file their taxes on a deadline or face serious consequences. They have the right to expect that the Internal Revenue Service (IRS) will hold up its end of the bargain by promptly and professionally processing returns and issuing refunds.
However, right now the IRS is lagging badly behind, with over 3 million pieces of unopened mail and one million unprocessed tax returns in their hands. This year has posed a hardship for millions of Americans, and delays and confusion in the agency that handles our money and taxes are only compounding that stress.
During my time as North Dakota Tax Commissioner, I learned firsthand the importance of quickly and efficiently processing tax returns. When tax payments sit in envelopes, their value depreciates and funding for critical public priorities is held up.
President Donald Trump came to government promising that he would bring competence by running agencies like businesses. Unfortunately for the American people, he's been running the IRS like one of his businesses. As a result, Americans are in the dark about their tax returns and still waiting on stimulus checks.
To be fair, the IRS has been underfunded, understaffed, and struggling to do its job for years. Treasury Secretary Steven Mnuchin promised to run the IRS like a business and fix the inefficiencies.
At Mnuchin's confirmation hearing, he acknowledged the agency's lack of resources and enforcement of the tax laws. He promised to "adequately staff and modernize the IRS" and to "work with the Commissioner and Congress to improve the performance of the IRS, including advocating for resources." Mnuchin didn't keep this promise.


cnbc--2020-11-24--Biden to begin receiving classified presidential daily briefings

WASHINGTON — President-elect Joe Biden will begin receiving the classified presidential daily briefing , a spokesman for the Office of the Director of National Intelligence confirmed to NBC News on Tuesday .
`` Following the statutory direction of the Presidential Transition Act , ODNI will provide requested support to the transition team , '' said the spokesman .
`` This afternoon the White House approved ODNI to move forward with providing the PDB as part of the support to the transition . ''
The PDB , as the briefing is known , is both a statutory requirement and a rite @ @ @ @ @ @ @ the first step toward the transfer of responsibility for the nation 's most sensitive national security secrets from one presidential administration to the next .
Typically , presidents-elect begin to receive the PDB within days of winning the election .
But this year , President Donald Trump 's refusal to accept his defeat was manifested in a nearly three-week delay of the start of the formal transition process .
Trump only agreed to authorize the start of the transition process late Monday — allowing the General Services Administration to provide federal funds to @ @ @ @ @ @ @ falsely insisting that the election was not yet decided and continuing to litigate the results in several states .
`` What does GSA being allowed to preliminarily work with the Dems have to do with continuing to pursue our various cases on what will go down as the most corrupt election in American political history ? ''
Trump tweeted Monday night .
`` We are moving full speed ahead .
Will never concede to fake ballots & 'Dominion ' , '' he added , referring to baseless conspiracy theories .

WASHINGTON — President-elect Joe Biden will begin receiving the classified presidential daily briefing, a spokesman for the Office of the Director of National Intelligence confirmed to NBC News on Tuesday.
"Following the statutory direction of the Presidential Transition Act, ODNI will provide requested support to the transition team," said the spokesman. "This afternoon the White House approved ODNI to move forward with providing the PDB as part of the support to the transition."
The PDB, as the briefing is known, is both a statutory requirement and a rite of passage for presidents-elect. It is the first step toward the transfer of responsibility for the nation's most sensitive national security secrets from one presidential administration to the next.
Typically, presidents-elect begin to receive the PDB within days of winning the election. But this year, President Donald Trump's refusal to accept his defeat was manifested in a nearly three-week delay of the start of the formal transition process.
Trump only agreed to authorize the start of the transition process late Monday — allowing the General Services Administration to provide federal funds to the Biden transition team — while still falsely insisting that the election was not yet decided and continuing to litigate the results in several states.
"What does GSA being allowed to preliminarily work with the Dems have to do with continuing to pursue our various cases on what will go down as the most corrupt election in American political history?" Trump tweeted Monday night. "We are moving full speed ahead. Will never concede to fake ballots & 'Dominion'," he added, referring to baseless conspiracy theories.