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Another lawyer was more direct in his criticism
of the president’s lawyer. Mark Aronchick, who ap-
peared at the hearing virtually, was audibly harsh of
Giuliani’s allegations of fraud. “Mr. Giuliani is talk-
ing about another case, some invented case, some
fantasy world case. But the case before your honor,
they removed those allegations,” Aronchick said of
the fraud claims.
Giuliani later took issue with Aronchick’s com-
ments, but couldn’t remember the attorney’s name
and called him “the man who was very angry with
me.”
But those fraud claims didn’t hold up long under
questioning by U.S. District Judge Matthew Brann
of the Middle District of Pennsylvania, who told
Giuliani the fraud claims would have to reach a
Rudy Giuliani, former mayor of New York.

heightened standard to hold up in court. Credit: Mark Reinstein/Shutterstock.com.

“I will have to correct what I said,” Giuliani re- they were “kind of forced off the case” because their
sponded, saying the Trump campaign was instead firm “wouldn’t allow them to do it.”
alleging a “scheme” rather than outright fraud. Three more attorneys sought to withdraw from
Giuliani also stumbled with some questions Brann the case Monday night. Brann let two of the lawyers
posed about the standard he should use to review leave, but did not immediately grant attorney Linda
the case. When asked about what standard of review Kerns’ request to do the same. The judge said Tues-
should apply, Giuliani at first replied, “On a motion day that he wanted Kerns at arguments because she
to dismiss? The normal one.” had been on the case since the beginning.
And when Brann pushed on whether that means Kerns had also filed a motion for sanctions in the
he should use strict scrutiny, Giuliani sounded a bit case, after she said she received a harassing voice-
confused on what the judge meant. The lawyer ulti- mail from a Kirkland & Ellis associate not involved
mately said the judge should not use strict scrutiny in the litigation. Brann said Tuesday he listened to
for the case, which would be a high bar for the com- the voicemail but did not find it threatening, nor
plaint to clear. reaching the standard needed for him to issue sanc-
Brann sounded generally skeptical on whether tions.
the campaign or two individual voters included But he did speak on attorneys’ ability to repre-
in the lawsuit had standing to bring forward the sent the clients they want to. Brann said the Trump
case. He asked why those voters weren’t suing on campaign may not be a popular entity “in the pro-
their own behalf, and why the counties where fessional corridors of Washington, D.C.,” but he
their ballots were rejected weren’t targeted in the suspected that it may be popular in other parts of
suit. the country.
The hearing itself faced a major technical issue, as Every attorney involved in the case, the judge said,
the public line to the courtroom cut out for an hour. “have every right to represent the Trump campaign
The judge paused the proceedings while the court or anything else they want.”
worked to restore the line. ¦

Giuliani appeared in the case after two other Jacqueline Thomsen, based in Washington, is a re-
teams of attorneys dropped from the case. Lawyers porter covering D.C. federal courts and the legal
with Porter Wright Morris & Arthur last week with- side of politics. Contact her at jathomsen@alm.
drew from the lawsuit—Giuliani said Tuesday that com and follow her on Twitter @jacq_thomsen.

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