Friday, 20 November 2020

Litigating Democracy

In the aftermath of his defeat, Trump is alleging, without any evidence, that Biden has stolen this election from him.

And his lawyers are filing lawsuits in various courts to challenge ballot counting, or to stop the process of ballot counting, or to allege impropriety or illegality.

And his supporters believe him.

The truth is, Trump has lost.

He's just playing a role that 71 million voters (his supporters) require.

If the Democrats are so clever as to win the Presidency fraudulently, why didn't they win the Senate as well? If the Democrats could control the outcome of the election, in what universe would they allow Mitch McConnell and Lindsey Graham to win and win so comfortably?

If the Democrats had the power to control to election, why did they lose seats in the lower House (House of Representatives)?

Trump has no chance of changing the outcome of the election.

The lead Biden has in various states are insurmountable.

Trump has not filed suit in ALL the states he needs to give himself a chance of reversing the vote count or litigating a victory in the courts.

First of all, his lawsuits are frivolous, and insubstantial. His lawyers offer no evidence, or non-evidence (not admissible) to substantiate his claims, or else asks for legal remedies that are out of proportion to the damage done (if they could prove it) or is not directly relevant to the alleged harm. For example, one unsubstantiated case was a woman who claimed that she was not given the opportunity to vote. She therefore wanted the court to order the vote counting to stop. Which was not proportional to the harm she allegedly suffered, nor a relevant remedy.

For states where there may be a recount, there is no chance the recount would turn up enough miscounts to turn the results in his favour. In most recount the number of votes that might change would be in the hundreds. A thousand on the outside. But Biden leads by over 10,000 votes in all those states. Some have leads of over 100,000 votes. Recounts will not help Trump.

And as their litigation hopes evaporate, Trumps other options is to stir up enough doubts and block the certification of the states' election results such that the states' legislative bodies might just call the election in favour of Trump. Or choose sympathetic electors (in the electoral college) to vote for Trump in defiance of the voter's wishes ("Faithless electors").

This is Trump in desperation.

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