Judges Stephanos Bibas, Michael Chagares and D. Brooks Smith of the 3rd Circuit Court of Appeals rejected appeal to throw out millions of votes in Pennsylvania
New York.- By Apostolos Zoupaniotis
On Friday, November 27, the three-judge 3rd Circuit Court of Appeals panel rejected the Trump’s campaign appeal of a district court ruling, against an effort to throw out millions of Pennsylvania ballots, declaring the allegations of the legal team of Rudy Giuliani of misconduct meritless and its suggested remedies as “breathtaking” and undercut by a lack of evidence.
The panel was composed entirely of GOP appointees and the opinion was delivered by Judge Stephanos Bibas, a Greek American and a deacon of the Greek Orthodox Church. He was appointed to the bench by President Donald Trump in 2017.
Trump’s personal lawyer Rudy Giuliani and the President himself have indicated their intention to bring this suit to the Supreme Court. Campaign attorney Jenna Ellis confirmed this in a Twitter post on Friday.
“Voters, not lawyers, choose the President. Ballots, not briefs, decide elections,” Judge Stephanos Bibas wrote for the 3rd Court of Appeals.
Judge Bibas repeatedly emphasized that Giuliani and the campaign never actually alleged voter fraud in this suit, despite their heated public rhetoric.
“Tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised,” Judge Bibas wrote. He was joined by two George W. Bush appointees, D. Brooks Smith and Michael Chagares, was is also a Greek American, born in Pittsburgh Pensylvania. His family is very active with the Cathedral of St. Nicholas.
The question before the Third Circuit was whether the district court judge, Matthew Brann, erred by denying the campaign a chance to file a third version of its lawsuit. Brann, using similarly pointed language about lack of evidence, picked apart the Trump campaign’s claims and rejected its effort, denying its suit in the process.
The court also rejected a request from the campaign for an injunction to block Pennsylvania’s certification of Biden’s victory, which Secretary of State Kathy Boockvar did earlier this week.
Judge Bibas said that many of the campaign’s claims had already been heard and rejected in state court.
““[I]ts alchemy cannot transmute lead into gold.The Campaign never alleges that any ballot was fraudulent or cast by an illegal voter. It never alleges that any defendant treated the Trump campaign or its votes worse than it treated the Biden campaign or its votes. Calling something discrimination does not make it so.”
Trump’s lawyer Jenna Ellis called the Court “activist judicial machinery” accusing it for “covering up the allegations of massive fraud.”.
“We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature.”
JUDGE MICHAEL CHAGARES
Chagares began his legal career from 1987 to 1988 as a law clerk for Judge Morton Greenberg on the Third Circuit. He now occupies the same seat Greenberg once held. Chagares was in private practice the next two years before joining the United States Department of Justice as an Assistant United States Attorney in 1990. He rose to become chief of the Civil Division for the U.S. Attorney’s Office for the District of New Jersey in 1999, but left the Justice Department in 2004 to return to private practice in New Jersey.
Chagares was nominated to the Third Circuit by President George W. Bush on January 25, 2006 to fill the seat vacated by Michael Chertoff. Chagares’s nomination moved unusually swiftly through the United States Senate, and he was confirmed just over two months later on April 4, 2006 by a vote of 98-0.
JUDGE STEPHANOS BIBAS
He assumed office on November 20, 2017, appointed by President Donald Trump.
He was born in Queens, NY, in 1969. Married to Juliana Denise Bibas, with four children.
Education Columbia University (BA), Oxford University (BA, MA)
Yale Law School (JD). Bibas was a professor of law and criminology and director of the Supreme Court clinic at the University of Pennsylvania Law School. He is a noted scholar of criminal procedure with expertise in criminal charging, plea bargaining, and sentencing
Bibas spent summers growing up working for his father, a Greek immigrant who survived the occupation of Greece during World War II, in his family’s restaurants. In high school, he became involved in debate and public speaking. He graduated high school at the age of 15 and entered Columbia University.
At Columbia, Bibas was a member of the Philolexian Society and participated in Parliamentary debate. He graduated from Columbia when he was 19 with a Bachelor of Arts (1989) in political theory, summa cum laude. He then went on to attend Oxford University, graduating two years later with a Bachelor of Arts and Master of Arts (1991) in jurisprudence. While at Oxford, Bibas won the 1st place speaker award in the World Debate Championships.
Before beginning his academic career, Bibas was an Assistant United States Attorney for the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal Tiffany windows from cemeteries.
From 1994–1995, Bibas clerked for Judge Patrick Higginbotham of the United States Court of Appeals for the Fifth Circuit. He also clerked for Supreme Court Associate Justice Anthony Kennedy from 1997–1998, where he was a co-clerk with Raymond Kethledge.
Bibas has made several donations to Republicans. He and his wife Juliana Denise Bibas, a writer, have four children. He was a member of the Federalist Society from 1991 to 2017. He has also served as a deacon of the Orthodox Church since 2015.
*** With information from Wikipedia