Biden lawyers say Trump won’t win the election in Supreme Court

Lawyers for President-elect Joe Biden derided the slew of lawsuits filed by President Trump’s campaign since Election Day, calling them “meritless,” and asserted Tuesday that Biden will take office in January.

Biden’s counsel, Bob Bauer and Dana Remus, spoke to reporters on a video conference call Tuesday afternoon about the Trump campaign’s largely unsuccessful lawsuits that have sought to stop the counting of ballots in some states, while attempting to delay the certification of the election results in others.

“They can't overturn the outcome of this election and Joe Biden will be inaugurated on January 20th, 2021,” Bauer said on the call. “[The Trump campaign is] pursuing other, if you will, collateral objectives. And one of which is to attempt to instill in the minds of some portion of the populace that the election was illegitimate and also to throw obstacles in the path of the government. But the Biden-Harris transition is going forward.”

Biden’s team has pressed on with its transition plans even as the Trump administration, his campaign and his supporters continue to undermine the election result with unproven allegations of voter fraud that, even if true, would be unlikely to have any bearing on the outcome of the election. The General Services Administration, with 2017 Trump appointee Emily Murphy at the helm, has declined to provide Biden with the transition resources that the agency is legally required to offer an incoming president, Yahoo News’ Alexander Nazaryan reported.

Joe Biden
President-elect Joe Biden in Wilmington, Del., on Tuesday. (Carolyn Kaster/AP)

“For somebody to judge how this has been done in the past, they should look to the past,” Bauer said, “and with the exception of Florida 2000 (the Bush v. Gore case), which is not at all analogous to this situation, the ascertainment would have been done by now.” “Ascertainment” is a term for when the GSA establishes the winning candidate in the election, prompting the start of the transition process.

Remus, Bauer and deputy campaign manager Kate Bedingfield described the litany of frivolous lawsuits filed at the state and federal level as “noise” and “theatrics.” Bauer pointed to the multiple dismissals of lawsuits filed in Georgia, Michigan, Nevada and Pennsylvania and said he’s doubtful that the Supreme Court, which the Trump campaign hopes will consider some of its claims, will give Trump the win he’s seeking.

“I don't know which one of these losing cases they’re going to inflict on the Supreme Court,” Bauer said. “But they won’t win it.”

Trump’s campaign appears to be focusing on Pennsylvania, the state whose call on Saturday pushed Biden over the 270 electoral vote threshold, as a key state for litigation. The campaign has filed at least four lawsuits, most recently a federal claim that seeks to block Kathy Boockvar, Pennsylvania’s secretary of state, and several counties from certifying the election results.

That lawsuit alleges that Pennsylvania “created an illegal two-tiered voting system for the 2020 General Election” that prioritized mail-in ballots and devalued in-person votes by maintaining more stringent requirements for mail-in ballots than in-person ballots.

Supporters of President Trump
Supporters of President Trump protest outside the Pennsylvania Convention Center in Philadelphia on Tuesday. (Rebecca Blackwell/AP)

Boockvar’s attorneys indicated Tuesday that Boockvar will seek a dismissal of the case, according to court documents.

Bauer wrote off any attempts to block or delay certification as a “procedural maneuver.” Remus agreed.

“We are fully prepared for continued suits and continued attempts to create confusion and to do everything they possibly can to slow things,” Remus said. “But at the end of the day, they have no evidence and thus they will not be able to stop this process.”


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