President Trump’s attempt to throw out millions of votes because officials allegedly didn’t follow state law in administering the election is “not merely implausible, it is profoundly anti-democratic and contrary to the rule of law,” Gov. Tony Evers’ argues.
The brief from Evers’ attorney yesterday was one of several motions to dismiss Trump’s federal lawsuit. Defendants from the city of Milwaukee and various municipal officials named in the suit also filed motions to dismiss on various grounds.
Trump’s lawsuit alleges officials made decisions in how the election was administered that weren’t approved by the Legislature and thus usurped lawmakers’ authority. It asks a federal judge to overturn the results and then remand the election to the GOP-controlled Legislature for a remedy that could include lawmakers selecting the state’s electors.
Evers’ motion to dismiss argues the “assorted grievances” Trump raised shouldn’t be aired in federal court, but in a state court, where a case is currently pending.
The suit also argues the state Legislature could’ve acted before the election if it believed Wisconsin officials were breaking the law in how they were administering the election. Likewise, Trump could’ve filed a suit prior to the election.
Instead, he waited until the election had been completed and certified.
“President Trump did not challenge the Wisconsin election rules, practices and administrative guidance underlying his complaint before Election Day, but instead chose to lay in the weeds while millions of voters cast their votes,” the brief says as it argues the suit is barred by laches. Laches refers to an unreasonable delay.
Meanwhile, several motions to quash subpoenas have been filed. Trump listed seven witnesses he wanted to call at tomorrow’s hearing. They include Madison Clerk Maribeth Witzel-Behl, Milwaukee Mayor Tom Barrett, Milwaukee Election Commission Executive Director Claire Woodall-Vogg, and Meagan Wolfe, administrator for the Wisconsin Elections Commission.
The motions to quash subpoenas for all four will be considered at a pretrial conference today.
Judge Brett Ludwig indicated in online court records that he’s directed the parties to see if they can reach a set of stipulated facts that would alleviate the need for the witnesses’ testimony.
Read Evers’ brief in support of the motion to dismiss:
Read Milwaukee’s brief in support of its motion to dismiss:
Read the motion to dismiss filed by various municipal officials who were sued: