March 13, 2023

In Case You Missed It - Judge Patricia McCullogh At Mastriano's NAR Rally

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Kira Resistance has a snippet:

What the good Judge failed to mention to Mastriano's crowd is this:

The Pennsylvania Supreme Court on Saturday rejected a last-ditch bid from Republicans including Rep. Mike Kelly (Pa.) to halt the certification of the 2020 election results in the Keystone State. 

The court’s decision delivered the latest blow for Republicans, President Trump and his campaign to overturn election results in a battleground state that President-elect Joe Biden won by more than 1 percentage point. 

In an order released Saturday night, the Pennsylvania Supreme Court vacated a preliminary order by the Commonwealth Court and dismissed the case.

Judge McCullough's decision was dated November 25, 2020. That decision was overturned 3 days later by the Pennsylvania Supreme Court:

AND NOW, this 28th day of November, 2020, pursuant to 42 Pa.C.S. § 726,1 we GRANT the application for extraordinary jurisdiction filed by the Commonwealth of Pennsylvania, Governor Thomas W. Wolf, and Secretary of the Commonwealth Kathy Boockvar (“Commonwealth”), VACATE the Commonwealth Court’s order preliminarily enjoining the Commonwealth from taking any further action regarding the certification of the results of the 2020 General Election, and DISMISS WITH PREJUDICE the petition or review filed by the Honorable Mike Kelly, Sean Parnell, Thomas A. Frank, Nancy Kierzek, Derek Magee, Robin Sauter, and Wanda Logan (“Petitioners”). All other outstanding motions are DISMISSED AS MOOT.
The Court describes what that case was trying to do:

Petitioners filed the petition for review in Commonwealth Court on November 21, 2020, setting forth a facial challenge to those provisions of Act 77 of 2019, establishing universal mail-in voting in the Commonwealth of Pennsylvania. Petitioners sought a declaration that the aforementioned provisions were unconstitutional and void ab initio, and injunctive relief prohibiting the certification of the results of the General Election held on November 3, 2020. As a remedy, Petitioners sought to invalidate the ballots of the millions of Pennsylvania voters who utilized the mail-in voting procedures established by Act 77 and count only those ballots that Petitioners deem to be “legal votes.” Alternatively, Petitioners advocated the extraordinary proposition that the court disenfranchise all 6.9 million Pennsylvanians who voted in the General Election and instead “direct[] the General Assembly to choose Pennsylvania’s electors.” [Emphasis added.]

Sound familiar?

The Court's next sentence sums up the decision to dismiss:

Upon consideration of the parties’ filings in Commonwealth Court, we hereby dismiss the petition for review with prejudice based upon Petitioners’ failure to file their facial constitutional challenge in a timely manner. 

And we read from Justice Wecht's concurring decision, after point out the huge burden of proof needed to overturn an election:

Petitioners cannot carry their enormous burden. They have failed to allege that even a single mail-in ballot was fraudulently cast or counted. Notably, these Petitioners sought to intervene in a federal lawsuit in which the campaign of President Donald J. Trump—an ostensible beneficiary of Petitioners' efforts to disenfranchise more than one-third of the Commonwealth's electorate—explicitly disclaimed any allegation of fraud in the conduct of Pennsylvania's General Election. See Donald J. Trump for President, Inc. v. Secretary Commonwealth of Pennsylvania, No. 20-3371, 830 Fed.Appx. 377, 381-82 (3d Cir. Nov. 27, 2020) ("[A]s [Trump Presidential Campaign] lawyer Rudolph Giuliani stressed, the Campaign `doesn't plead fraud. ... [T]his is not a fraud case.'" (quoting Mot. To Dismiss Hr'g Tr. 118:19-20, 137:18)). The absence of fraud allegations from this matter—not to mention actual evidence of fraud—alone is fatal to Petitioners' claims.

This is how Judge Patricia McCullough's decision was dismissed - and all other motions dismissed as moot.

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