MOTION OF DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, TO INTERVENE IN HIS PERSONAL CAPACITY AS CANDIDATE FOR RE-ELECTION, PROPOSED BILL OF COMPLAINT IN INTERVENTION, AND BRIEF IN SUPPORT OF MOTION TO INTERVENE NO. 22O155, ORIGINAL In the Supreme Court of the United States STATE OF TEXAS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, STATE OF GEORGIA, STATE OF MICHIGAN, AND STATE OF WISCONSIN, Defendants.

 

https://drive.google.com/file/d/1iIkBsTCtbqD8cE_Ond7YuHN1oGTf4TXE/view?usp=sharing 

NO. 22O155, ORIGINAL 

In the Supreme Court of the United States

STATE OF TEXAS, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, STATE OF GEORGIA, STATE OF MICHIGAN, AND STATE OF WISCONSIN, Defendants. 

MOTION OF DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, TO INTERVENE IN HIS PERSONAL CAPACITY AS CANDIDATE FOR RE-ELECTION, PROPOSED BILL OF COMPLAINT IN INTERVENTION, AND BRIEF IN SUPPORT OF MOTION TO INTERVENE 

John C. Eastman Counsel of Record 

One University Dr. 

Orange, CA 92866 

(714) 628-2587 

jeastman@chapman.edu 

Counsel for Plaintiff in Intervention 

MOTION TO INTERVENE BILL OF COMPLAINT IN INTERVENTION COUNT I: ELECTORS CLAUSE PRAYER FOR RELIEF 

WHEREFORE, Plaintiff in Intervention respectfully request that this Court issue the following relief: 

A. Declare that Defendant States Pennsylvania, Georgia, Michigan, and Wisconsin administered the 2020 presidential election in violation of the Electors Clause. 

B. Declare that any Electoral College votes cast by such Electors appointed in the Defendant States Pennsylvania, Georgia, Michigan, and Wisconsin are in violation of the Electors Clause and cannot be counted. 

C. Enjoin Defendant States and their respective officials from using the constitutionally-infirm 2020 election results for the office of President to appoint Electors to the Electoral College, unless the legislatures of Defendant States review the 2020 election results and decide by legislative resolution to use those results in a manner to be determined by the legislatures that is consistent with the Constitution. 

D. If any of the Defendant States have already appointed Electors to the Electoral College using the 2020 election results, direct that such States’ legislatures, pursuant to 3 U.S.C. § 2 and U.S. CONST. art. II, §1, cl. 2, have the authority to appoint a new set of Electors in a manner that does not violate the Electors Clause, or to appoint no Electors at all. 

E. Award costs to Plaintiff in Intervention. F. Grant such other relief as the Court deems just and proper. December 9, 2020 

BRIEF IN SUPPORT OF MOTION TO INTERVENE 

  ARGUMENT 

 I. Intervention Is Warranted Because Donald Trump’s Unique Interest in the Outcome of the 2020 Election In Which He Was a Candidate Will Be Directly Affected By Any Equitable Relief Afforded or Denied By This Court. 

A. Donald Trump meets the Rule 24(a) requirements for intervention as of right. 

B. Alternatively, Donald Trump meets the Rule 24(b) requirements for permissive intervention, as applied in original jurisdiction matters. 

II. President Trump’s Proposed Complaint in Intervention Meets the Standards Set By This Court. 

A. The claims raise a “case or controversy.” 

1. Plaintiff in Intervention suffered an injury in fact. 

2. The Defendant States caused the injuries. 

3. The requested relief would redress the injuries. B. Plaintiff in Intervention also has prudential standing. 

C. Balance of Equities 

III. The Preservation of the Rule of Law Is Essential for the Preservation of Our Nation’s Belief In the Legitimacy of Self-Government 

  CONCLUSION 

Plaintiff in Intervention’s Motion to Intervene should be granted. 

December 9, 2020