President Donald Trump made explicit Saturday the strategy his legal team has been hinting at for days: He wants Republican-led legislatures to overturn election results in states that Joe Biden won. “Why is Joe Biden so quickly forming a Cabinet when my investigators have found hundreds of thousands of fraudulent votes, enough to “flip” at least four States, which in turn is more than enough to win the Election?” Trump said, despite refusing to produce any such evidence either publicly or in court cases filed by his attorneys. “Hopefully the Courts and/or Legislatures will have the COURAGE to do what has to be done to maintain the integrity of our Elections, and the United States of America itself,” Trump said. Trump’s comment came after a string of legal defeats, including a rejection by a federal judge in Pennsylvania Saturday who said the Trump team presented no evidence of election fraud or misconduct, despite seeking to invalidate millions of votes. Trump’s lead lawyer in the case, Rudy Giuliani, said he intends to appeal the case to the Third Circuit and, if necessary, the Supreme Court. But with few cases pending in courts, Trump’s options have narrowed and he is becoming increasingly reliant on longshot scenarios where election results are not certified and Republican-controlled statehouses in Pennsylvania, Michigan, Arizona and Georgia intervene to declare him the winner. GOP legislative leaders in those states have not endorsed this approach. Trump summoned Michigan legislative leaders to the White House on Friday, but they later issued a statement indicating they had not seen any reason to intervene on Trump’s behalf.
Editorial: Trump’s Legal Farce Is Having Tragic Results | Richard L. Hasen/The New York Times
Even as the campaign lawsuits brought by President Trump over the 2020 election enter their death throes, many people continue to worry that Mr. Trump will find three Republican legislatures to magically snatch victory from the jaws of defeat. They are concerned that he will pull off an antidemocratic hat trick through maneuvers like delaying recounts in Wisconsin and blocking certification in Michigan to allow these legislatures to submit competing slates of electors to Congress. The goal is to prevent Joe Biden from securing the Electoral College votes he needs on Jan. 6 for Congress to declare him president. The good news is that there is no real prospect that Mr. Trump can avoid a reluctant handover of power on Jan. 20. The bad news is that Mr. Trump’s wildly unsubstantiated claims of a vast voter fraud conspiracy and the litigation he has brought against voting rights have done — and will increasingly do — serious damage to our democracy. Our problems will deepen, in particular, because Mr. Trump’s litigation strategy has led to the emergence of a voter-hostile jurisprudence in the federal courts. New judicial doctrines will put more power in the hands of Republican legislatures to suppress the vote and take voters, state courts and federal courts out of key backstop roles. Let’s start on the positive side. A federal district court opinion issued in Pennsylvania Saturday laid bare both the dangerousness and vacuousness of Mr. Trump’s litigation strategy. Rudy Giuliani, acting as one of the president’s lawyers, failed to persuade Judge Matthew Brann — an Obama-appointed Federalist Society member and former Republican official — to disenfranchise nearly seven million Pennsylvania voters and to let the state legislature name a slate of presidential electors. The court held that the Trump campaign offered a “Frankenstein’s monster” of a legal theory and that the complaint was full of nothing more than “strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence.”
Full Article: Opinion | Trump’s Legal Farce Is Having Tragic Results – The New York Times
