In the moments after President Donald Trump falsely declared an untimely victory early Wednesday morning, newscasters at all levels – including Fox News’ Chris Wallace – denounced his comments as “undemocratic” and potentially dangerous.
Now, as Biden’s lead in the battlefield states of Michigan and Wisconsin grows, two Fox News legal commentators argue that Trump should “tamp” his rhetoric for a very different reason.
The first was Jonathan Turley, a law professor at George Washington University who actually served as a witness for Trump during his impeachment trial late last year. After lending some credibility to the legal challenges that the Trump administration was threatening, Turley rebuffed the president’s claims that he had already won the election.
“He has to pack down the rhetoric,” said Turley at Fox anchor Sandra Smith. “It will only alienate the courts, it will inflame people on both sides. He didn’t win those states last night. These states are still in play. There are ballots that will be counted. “
While Trump could still win the election and may even have “legitimate objections” in some cases, Turley added, “We all need to take a step back here. We have an interest in counting valid ballots, including those that have not yet been counted. It will go forward.
Later, Turley was joined on the air by another Trump-friendly legal expert, former assistant U.S. attorney and frequent Fox News attorney, Andrew McCarthy. He said he would have expected Trump’s election night statement to be “correctly sworn”, but “it looked like they didn’t, and I think it was a real one. mistake not to do so.
“Because there is a preliminary issue here,” he continued, “is that the Supreme Court is master of its own role. It doesn’t need to take cases. Even before the election was “as thermonuclear as it is now,” McCarthy said the Supreme Court “didn’t want any part of this case.”
“And I believe what the President said last night is going to play into the hands of the faction of the Court who would rather say, ‘Let’s sit down and let this play out and it may be that when all the dust settles, maybe we don’t have to make a decision here, ”he added.
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