Sunday, November 8, 2020

President Trump Can't Sue His Way to a Second Term. Why He Is Trying Anyway

https://time.com/5908881/president-trump-cant-sue-his-way-to-a-second-term-why-he-is-trying-anyway/ 

Shortly after the Associated Press projected that Joe Biden would win enough electoral college votes to defeat President Donald Trump, Trump released a statement saying that his campaign would go to court Monday to fight the outcome. “Networks don’t get to decide elections,” Trump’s personal attorney, Rudy Giuliani, said later at a press event at a landscaping company in Philadelphia, “Courts do.”

That is, of course, not the case. With the notable exception of the 2000 presidential race, which was effectively decided by the Supreme Court in Bush v. Gore, it is voters who decide elections. And that, legal experts say, is the main flaw with Trump’s strategy: Biden has won too many votes for the Trump campaign to mount any legal challenge that would actually change the outcome.

For an election to be successfully litigated, experts say, the margins between the candidates have to be exceedingly close. The dispute between George W. Bush and Al Gore two decades ago, for example, hinged on just 537 votes in Florida. Election litigation is only consequential, says Nathaniel Persily, a professor at Stanford Law School, “if the number of contested ballots exceeds the margin of victory.”

 So why pursue a legal strategy that seems so clearly destined to fail? For Trump, some observers say, the goal may not be to win the election so much as to cast a pall of uncertainty over the results, thereby encouraging the perception, however unfounded, that he is the victim of fraud and remains the rightful leader of his fervent base. “This is all looking increasingly like disinformation through litigation, rather than plausible legal claims,” says Joshua Geltzer, executive director of the Institute for Constitutional Advocacy and Protection at Georgetown Law.

6 comments :

  1. Trump is doing to Biden what the Democrats did to Bush II and to him - cast a stain of illegitimacy over the incoming President which will undermine his authority. Remember that until 9/11 the only thing the Dem's seemed capable of was trying to prove that Bush II has stolen the election.
    And now the bigger hypocrisy. For four years we've been listening to the same thing over and over again - election interference! Voter suppression! The Russians! The Chinese! The Ewoks, for Heaven's sakes! No way Trump won fairly! We have to impeach him, he's so fraudulent.
    And on November 4 it suddenly turned into "We have a failsafe system. No way anyone can cheat their way to victory. Biden is a pure and true winner!"
    Oh come on, even you can't ignore that!

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  2. nope you seem to forget their was evidence that existed to support the claims again Trump. Trump has not presented evidence to support his wild claims other than stating he could only lose with a rigged election!

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  3. Again, not the point. The point is that there is evidence of ballot fraud that the media is telling us to ignore and at the same time we're being assured that there could not be any fraud because the system is foolproof!
    If the system is foolproof then there could not have been credible evidence of tampering in 2016. If there was credible evidence of tampering in 2016 then the system is not foolproof and there is now potential evidence of tampering again. Which is it?

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  4. Trump's claim is absurd and delusional. He likely doesn't believe it himself, but was expert in the art of the deal, and getting out of debt. Applying same principles to law. But it makes him look like a crackpot.

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  5. no - there is no evidence of fraud that changed the results!

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  6. And there was a Jenin Massacre, and Mo al-Dura was killed by Israeli soldiers, and Pravda and Izvestia were reliable sources of news...

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