Subterms
Images of mayhem from the heart of Washington shocked many supporters but others felt extreme action was justifiedEven some of Donald Trump’s enduring supporters have had enough. Continue reading… More
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Attorneys general from both parties reject baseless allegations in case filed with US supreme courtGeorgia, Michigan, Pennsylvania and Wisconsin on Thursday urged the US supreme court to reject a lawsuit filed by Texas and backed by Donald Trump seeking to undo Joe Biden’s victory, saying the case has no factual or legal grounds and makes “bogus” claims.“What Texas is doing in this proceeding is to ask this court to reconsider a mass of baseless claims about problems with the election that have already been considered, and rejected, by this court and other courts,” Josh Shapiro, Pennsylvania’s Democratic attorney general, wrote in a filing to the nine justices. Continue reading… More
For a man obsessed with winning, Donald Trump is losing a lot.In the month since the election, the president and his legal team have come no closer in their frantic efforts to overturn the result, notching up dozens of losses in courts across the country, with more rolling in by the day.According to an Associated Press tally of roughly 50 cases brought by Trump’s campaign and his allies, more than 30 have been rejected or dropped, and about a dozen are awaiting action.The advocacy group Democracy Docket put Trump’s losses even higher, tweeting on Friday that Trump’s team had lost 46 post-election lawsuits following several fresh losses in several states on Friday.Trump has notched just one small victory, a case challenging a decision to move the deadline to provide missing proof of identification for certain absentee ballots and mail-in ballots in Pennsylvania.Five more losses came on Friday. The Trump campaign lost its bid to overturn the results of the election in Nevada and a Michigan appeals court rejected a case from his campaign. The Minnesota supreme court dismissed a challenge brought by GOP lawmakers. And in Arizona, a judge threw out a bid to undo Biden’s victory there, concluding that the state’s Republican party chairwoman failed to prove fraud or misconduct and that the evidence presented at trial wouldn’t reverse Trump’s loss. The Wisconsin supreme court also declined to hear a lawsuit brought by a conservative group over Trump’s loss.Trump’s latest failings came as California certified Joe Biden as the official winner in the state, officially handing him the electoral college majority needed to win the White House. Secretary of State Alex Padilla’s formal approval of the state’s 55 pledged electors brought Biden’s tally so far to 279, according to a count by the Associated Press – just over the 270 threshold needed for victory.The Republican president and his allies continue to mount new cases, recycling the same baseless claims, even after Trump’s own attorney general, William Barr, declared this week that the justice department had uncovered no widespread fraud.“This will continue to be a losing strategy, and in a way it’s even bad for him: he gets to re-lose the election numerous times,“ said Kent Greenfield, a professor at Boston College Law School. “The depths of his petulance and narcissism continue to surprise me.”Trump has refused to admit he lost and this week posted a 46-minute speech to Facebook filled with conspiracy theories, misstatements and vows to keep up his fight to subvert the election.Judges in battleground states have repeatedly swatted down legal challenges brought by the president and his allies. Trump’s legal team has vowed to take one Pennsylvania case to the US supreme court even though it was rejected in a scathing ruling by a federal judge, as well as an appeals court.After recently being kicked off Trump’s legal team, the conservative attorney Sidney Powell filed new lawsuits in Arizona and Wisconsin this week riddled with errors and wild conspiracy claims about election rigging. One of the plaintiffs named in the Wisconsin case said he never agreed to participate in the case and found out through social media that he had been included.In his video posted Wednesday, Trump falsely claimed there were facts and evidence of a mass conspiracy created by Democrats to steal the election, a similar argument made by his lawyer Rudy Giuliani and others before judges, which have been largely unsuccessful.Most of their claims are rooted in conspiracy theories about voting machines, as well as testimony from partisan poll watchers who claimed they didn’t get close enough to see ballots being tallied because of Covid safety precautions.“No, I didn’t hear any facts or evidence,“ tweeted the Pennsylvania attorney general, Josh Shapiro, a Democrat, after watching the video Wednesday night. “What I did hear was a sad Facebook rant from a man who lost an election.” More
AdvertisementContinue reading the main storySupported byContinue reading the main storyWisconsin’s Top Court Rejects Trump Lawsuit as His Election Push FadesThe Supreme Court in the state narrowed yet another legal path for the Trump campaign as it tries to overturn his loss to Joe Biden.Observers watched last month as votes were recounted by hand in Milwaukee. The Trump campaign has pushed to invalidate ballots from the state’s most Democratic areas.Credit…Nam Y. Huh/Associated PressBy More
Wisconsin’s supreme court has refused to hear Donald Trump’s lawsuit attempting to overturn his loss to Joe Biden in the battleground state, sidestepping a decision on the merits of the claims and instead ruling that the case must first wind its way through lower courts.
The defeat on a 4-3 ruling on Thursday was the latest in a string of losses for Trump’s post-election lawsuits. Judges in multiple battleground states have rejected his claims of fraud or irregularities. Dissenting conservative justices said the decision would forever “stain” the outcome of the election.
Trump asked the conservative-controlled court to disqualify more than 221,000 ballots in the state’s two biggest Democratic counties, alleging irregularities in the way absentee ballots were administered. His lawsuit echoed claims that were earlier rejected by election officials in those counties during a recount that barely affected Biden’s winning margin of about 20,700 votes.
Trump had wanted the court to take the case directly, saying there wasn’t enough time to wage the legal battle by starting first with a lower court given the looming 14 December date when presidential electors cast their votes. But attorneys for the Democratic governor, Tony Evers, and the state department of justice argued the lawsuit had to start with lower courts.
The swing justice Brian Hagedorn joined three liberal justices in denying the petition without weighing in on Trump’s allegations.
Hagedorn said the law was clear that Trump must start his lawsuit in lower courts where factual disputes can be worked out.
“We do well as a judicial body to abide by time-tested judicial norms, even – and maybe especially – in high-profile cases,” Hagedorn wrote. “Following this law is not disregarding our duty, as some of my colleagues suggest. It is following the law.”
It was not immediately known if Trump would still pursue the case through lower courts. His campaign spokeswoman did not immediately return a message seeking comment. Trump filed a similar lawsuit in federal court on Wednesday.
Chief Justice Patience Roggensack, in her dissent, said she would have taken the case and referred it to lower courts for factual findings, which could then be reported back to the supreme court for a ruling.
The conservative justice Rebecca Bradley wrote that the court “forsakes its duty” by not determining whether elections officials complied with the law and the inaction will undermine the public’s confidence in elections.
“While some will either celebrate or decry the court’s inaction based upon the impact on their preferred candidate, the importance of this case transcends the results of this particular election,” she wrote in a dissent joined by Roggensack and Justice Annette Ziegler. “The majority’s failure to act leaves an indelible stain on our most recent election.”
Trump’s lawsuit challenged procedures that have been in place for years and never been found to be illegal.
He claimed there were thousands of absentee ballots without a written application on file. He argued that the electronic log created when a voter requests a ballot online – the way the vast majority are requested – doesn’t meet the letter of the law.
He also challenged ballots where election clerks filled in missing address information on the certification envelope where the ballot is inserted – a practice that has long been accepted and that the state elections commission told clerks was OK.
Roggensack said the supreme court owed it to the public to determine whether that advice was correct, especially for future elections.
“However, doing so does not necessarily lead to striking absentee ballots that were cast by following incorrect WEC advice,” she wrote. “The remedy Petitioners seek may be out of reach for a number of reasons.”
Trump also challenged absentee ballots where voters declared themselves to be “indefinitely confined”, a status that exempts them from having to show photo identification to cast a ballot, and one that was used much more heavily this year due to the pandemic. The court in March ruled that it was up to individual voters to determine their status.
Two other lawsuits filed by conservatives are still pending with the court seeking to invalidate ballots. In addition to Trump’s federal lawsuit, there is another one in federal court with similar claims from Sidney Powell, a conservative attorney who was removed from Trump’s legal team.
Wisconsin this week certified Biden’s victory, setting the stage for a Democratic slate of electors chosen earlier to cast the state’s 10 electoral votes for him. More
Joe Biden’s victories in the US presidential election battlegrounds of Arizona and Wisconsin were officially recognised on Monday, handing Donald Trump six defeats out of six in his bid to stop states certifying their results.The finalised vote counts took Biden a step closer to the White House and dealt yet another blow to Trump’s longshot efforts to undermine the outcome.The certification in Wisconsin followed a partial recount that only added to Biden’s nearly 20,700-vote margin over Trump, who has promised to file a lawsuit seeking to undo the results.“Today I carried out my duty to certify the November 3rd election,” Wisconsin’s governor, Tony Evers, said in a statement. “I want to thank our clerks, election administrators, and poll workers across our state for working tirelessly to ensure we had a safe, fair, and efficient election. Thank you for all your good work.”Trump is mounting a desperate campaign to overturn the results by disqualifying as many as 238,000 ballots in the state, and his attorneys have alleged without evidence that there was widespread fraud and illegal activity.Trump paid $3m for recounts in Dane and Milwaukee counties, the two largest Democratic counties in Wisconsin, but the recount ended up increasing Biden’s lead by 74 votes.Wisconsin’s Democratic attorney general, Josh Kaul, said in a statement on Monday: “There’s no basis at all for any assertion that there was widespread fraud that would have affected the results.”Kaul noted that Trump’s recount targeted only the state’s two most populous counties, where the majority of Black people live. “I have every confidence that this disgraceful Jim Crow strategy for mass disenfranchisement of voters will fail. An election isn’t a game of gotcha.”And even if Trump were successful in Wisconsin, where he beat Hillary Clinton four years ago, the state’s 10 electoral college votes would not be enough to undo Biden’s overall victory, as states around the country certify results declaring him the winner.Trump’s legal challenges have also failed in other battleground states, including Georgia, Michigan, Nevada and Pennsylvania. States are required to certify their results before the electoral college meets on 14 December.Earlier on Monday, Arizona officials certified Biden’s narrow victory in that state. Biden won by about 11,000 votes, a slim margin, although a significant victory nonetheless as in past election cycles Arizona has trended reliably toward Republicans. The 2020 election is over again, with certifications today in Arizona and Wisconsin. After last week’s certifications in Georgia, Michigan, Pennsylvania, and Nevada. all of the states where Trump has launched spurious claims against the outcome have now certified Biden’s victory.— Susan Glasser (@sbg1) November 30, 2020
Arizona’s Democratic secretary of state, Katie Hobbs, and Republican governor, Doug Ducey, both vouched for the integrity of the election before signing off on the results.“We do elections well here in Arizona. The system is strong,” Ducey said.Hobbs said Arizona voters should know that the election “was conducted with transparency, accuracy and fairness in accordance with Arizona’s laws and election procedures, despite numerous unfounded claims to the contrary”.Biden is only the second Democrat in 70 years to win Arizona. In the final tally, he beat Trump by 10,457 votes, or 0.3% of the nearly 3.4m ballots cast.Even as Hobbs, Ducey, the state attorney general and chief justice of the state supreme court certified the election results, Trump’s lawyers Rudy Giuliani and Jenna Ellis met in a Phoenix hotel ballroom a few miles away to lay out claims of irregularities in the vote count in Arizona and elsewhere. But they did not provide evidence of widespread fraud.Trump phoned into the meeting and described the election the “greatest scam ever perpetrated against our country”. When he mentioned Ducey’s name, the crowd booed. He accused the governor of “rushing to sign” papers certifying Democratic wins, adding: “Arizona won’t forget what Ducey just did.”Trump also berated Ducey on Twitter, asking: “Why is he rushing to put a Democrat in office, especially when so many horrible things concerning voter fraud are being revealed at the hearing going on right now.”For his part, Ducey, who has previously said his phone’s ringtone for calls from the White House is “Hail to the Chief”, was seen in a viral video clip receiving a call with that ringtone but rejecting it without answering.Trump’s denials of political reality have left him increasingly isolated as a growing number of Republicans acknowledge the transition and Biden moves ahead with naming appointments to his administration.There is no evidence of widespread fraud in the 2020 election. In fact, election officials from both political parties have stated publicly that the election went well and international observers confirmed there were no serious irregularities.Chris Krebs, former director of the Cybersecurity and Infrastructure Security Agency, told CBS’s 60 Minutes programme on Sunday: “There is no foreign power that is flipping votes. There’s no domestic actor flipping votes. I did it right. We did it right. This was a secure election.” More
Arizona and Wisconsin on Monday certified President-elect Joseph R. Biden Jr. as the winner in their presidential elections, formalizing his victory in two additional battleground states as President Trump’s effort to overturn the results of the election continued to fall short.Such certifications would be an afterthought in any other year. But in a political environment where Mr. Trump’s false claims of sweeping voter fraud have created an alternate reality among his die-hard backers in the West Wing and beyond, the results have closed off yet another path to victory for him.Although Mr. Trump has infused daily drama into the normal postelection bureaucratic process by urging his Republican allies to push to block the certification of results or to overturn them entirely in battleground states won by Mr. Biden, the proceedings on Monday were staid affairs.In Arizona, Katie Hobbs, the Democratic secretary of state, formalized her state’s results while sitting at a long table with three Republicans who signed the election documents: Gov. Doug Ducey; the state’s attorney general, Mark Brnovich; and the chief justice of the Arizona Supreme Court, Robert M. Brutinel.Ann Jacobs, the chairwoman of the Wisconsin Elections Commission, signed a document during a three-minute video conference in which she narrated herself certifying Mr. Biden’s victory.“I am now signing it as the official state determination of the results of the Nov. 3, 2020, election and the canvass,” Ms. Jacobs said before holding the document up to the camera. Later Monday afternoon, Gov. Tony Evers of Wisconsin, a Democrat, announced that he had signed the state’s Certificate of Ascertainment appointing Mr. Biden’s slate of electors to represent Wisconsin at the Electoral College.Mr. Trump, buoyed by his legal team and supporters in the conservative news media, has held out hope that he could somehow prevail in Wisconsin and Arizona, as well as Georgia, where Republican officials on Monday firmly refused to challenge Mr. Biden’s victory there. In all three states, along with Michigan and Pennsylvania, the other two states that flipped from voting for Mr. Trump in 2016 to Mr. Biden this year, the Trump campaign has sought to undermine the results through legal and public relations efforts aimed at delivering the president Electoral College votes.But as has been the case elsewhere, elections officials from both parties in Arizona and Wisconsin declined to undercut their state laws to overturn the popular vote in their states.“We do elections well in Arizona,” Mr. Ducey said on Monday as he signed documents certifying Mr. Biden’s Arizona victory and awarding him the state’s 11 Electoral College votes. “The system is strong.”In Wisconsin, Ms. Jacobs chose to certify Mr. Biden’s victory there one day before the state’s Dec. 1 deadline to do so.Ms. Jacobs’s certification followed the conclusion of recounts, requested and subsidized with $3 million from Mr. Trump’s campaign, in Dane and Milwaukee Counties that found Mr. Biden had added 87 votes to his statewide margin.Ms. Jacobs, a Democrat from Milwaukee, said that certifying the result of the presidential election came at her discretion and that she expected the move to kick-start legal challenges from the Trump campaign.“The power to do this is vested solely in the chair,” Ms. Jacobs said in an interview on Monday.All states must exhaust legal challenges by Dec. 8. Electoral College delegates will meet in their states on Dec. 14, sending the results to Congress, which is scheduled to resolve any final disputes and certify the Electoral College vote on Jan. 6.Unlike in other states where the Trump campaign has claimed, without producing any evidence, that widespread fraud led to Mr. Biden’s victories, Mr. Trump’s legal strategy in Wisconsin is predicated on an effort to throw out hundreds of thousands of absentee ballots on what amounts to a technicality.The Trump campaign has argued in its recount petition that all ballots cast at in-person absentee voting sites before Election Day should be disqualified. The campaign claimed incorrectly that those absentee ballots had been issued without each voter submitting a written application requesting the ballot, but the top line of the absentee ballot applications that voters filled out at early voting sites read: “official absentee ballot application/certification.”That argument would throw out hundreds of thousands of ballots across Wisconsin, including those cast by prominent Trump supporters, such as several state legislators and a top lawyer for the president in Wisconsin, Jim Troupis, according to The Milwaukee Journal Sentinel.On Twitter on Monday, Mr. Trump called for Gov. Brian Kemp of Georgia, a Republican, to “overrule” Brad Raffensperger, the Republican secretary of state. The president also claimed baselessly that there had been “total election corruption” in Arizona. The Trump campaign has yet to identify any systemic voter fraud in its court challenges.Ms. Jacobs’s certification of the Wisconsin results represents the opening of a window for legal challenges from the Trump campaign, which has argued that the president should have carried the state and its 10 Electoral College votes despite the fact that he lost to Mr. Biden there by 20,682 votes.Two weeks ago, the Trump campaign requested recounts in Dane and Milwaukee, the state’s two largest and most Democratic counties, in an effort to build a legal case against Mr. Biden’s statewide victory. The Trump campaign is also likely to sue to challenge Ms. Jacobs’s certification.Republicans on Wisconsin’s six-member bipartisan elections commission had said that they hoped Ms. Jacobs would wait to certify the presidential election results until after the Trump campaign had exhausted its legal challenges. But the Trump campaign has not filed any lawsuits in Wisconsin; it had nothing to challenge until Ms. Jacobs certified the results of the election.The Trump campaign and Wisconsin Republicans are also expected to challenge Ms. Jacobs’s authority to certify the election results on her own. State law gives her, as the elections commission chair, clear authority and responsibility to certify the election, though other parts of the Wisconsin elections code mention the entire six-member bipartisan commission certifying presidential election results.Glenn Thrush contributed reporting. More
