Legal expert weighs in on Trump campaign lawsuit

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WILKES-BARRE, LUZERNE COUNTY (WBRE/WYOU) – Pennsylvania is ground zero for efforts by the Trump campaign to challenge the 2020 election process.

They filed a federal lawsuit seeking to block certification of the vote count in the commonwealth alleging widespread voter fraud without evidence.

Late Friday afternoon, two attorneys who were handling the Trump lawsuit withdrew from the case, but it is still unclear how the withdrawal of those attorneys will impact the lawsuit.

The hearing on the lawsuit is scheduled for Tuesday in Williamsport.

Eyewitness News spoke with a local attorney, who has decades of experience in handling cases in federal court, about the Trump campaign’s lawsuit.

“When one files some type of legal acton the bottomline is tey have to somehow prove that down the road,” said Attorney Joe D’Andrea, from Dunmore.

The Lackawanna County-based lawyer says an election challenge is like any other lawsuit.

“Well if this lawsuit involves the allegations of election fraud the parties that are alleging it has to show that actually happened. They have to prove that. They have to show that something is happening,” said Attorney D’Andrea.

Among the claims made by the Trump campiagn, the lawsuit alleges widespread voter fraud in Pennsylvania, poll watchers being denied access to polling places to observe the process, as well as allegations that the mail-in ballot process was flawed and that led to fraud. Thus far, none of the claims have been proven to be true.

On Friday, Pennyslvania Attorney General Josh Sharpiro weighed in, saying he hasn’t seen any evidence of widespread fraud.

“Without supporting uour claim with evidence real evidence all claims will fail. I’m not taking a side I’m just telling ou what the legal process is,” said Attorney D’Andrea.

D’Andrea says a legal filing does not necessalry contain the entire case that will be presented before a judge. So, it remains to be seen what willl happen once the lawyers, for both sides, square off in the courtroom.

“If there is fraud which I don’t know if there is they have to prove it, if they prove it, they might have a sympathetic Judge. If they don’t they might have a problem,” said Attorney D’Andrea.

Copyright 2020 Nexstar Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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