President Donald Trump’s campaign has filed a retrial in Michigan federal court in an attempt to stop Joe Biden’s certification of victory – but experts say it won’t go much further than a Chevy Vega .
The Trump team, whose previous Rust Belt battlefield case was dismissed by the state claims court last week, filed the new action in federal court for the Western District of Michigan on Wednesday morning.
The 350-page complaint and attached affidavits sum up a litany of grievances familiar not only to the latter case, but also to lawsuits the campaign has filed in several states with little success: which official campaign observers – called ” challengers’ in Michigan – did not have sufficient access to the count, was mistreated by election workers, witnessed the addition of new names to the voters lists during the count and felt for unclear reasons that some ballots had been tampered with or double counted.
Neither the Trump campaign nor its lawyers responded to requests for comment. Rudy Giuliani, the president’s personal lawyer, tweeted Tuesday night that the trial would be enough to capsize Biden’s 146,000-vote lead in Michigan and reinstall Trump in the White House next year.
But lawyers The Daily Beast spoke to said the lawsuit was running out of juice to turn its own engine over, let alone the election results. Michigan law does not guarantee unlimited challengers unlimited access to counting facilities and allows people to register to vote until election day, letting workers add their names to the poll book during the count. These legitimate scenarios alone can explain a number of problems that Trump’s challengers have claimed to be evidence of electoral tampering.
Further, experts have said that while some of the objections raised by Trump’s challengers – often without concrete evidence – have merit, they are unlikely to explain Biden’s six-figure advance.
“It’s a lot of innuendo, a lot of assumptions, but there is no hard evidence of anything that would change the outcome of the election,” said Sam Bagenstos, professor of law at the University of Michigan. and veteran of the justice departments of Clinton and Obama. “When you push them, they’re not really based on hard evidence or even concrete claims, and can’t come close to challenging the margin.”
Bagenstos speculated that the Trump campaign filed its lawsuit in the Western District of Michigan, even though Detroit – where the irregularities allegedly took place – is in the Eastern District, due to its more conservative reputation. But he doubted he would find a receptive bench even in the Western District, and suspected that the prosecution was aimed less at trying to meet Trump’s repeated ambition that the Supreme Court would decide the winner of the race, and more on relationships. public policies.
“I don’t think there is a strategy where it ends up in the Supreme Court and they decide the outcome of the election,” he said. “I think the point is to make a lot of allegations to delegitimize the election, but to create a sort of miasma of fraud.”
Mary Massaron, of the bipartisan law firm Plunkett Cooney, also noted the breadth of Biden’s lead in the state and nationally. Recalling Supreme Court Chief Justice John Roberts’ 2018 response to Trump’s 2018 complaints about a so-called “judge Obama” – which stressed the importance of an “independent judiciary” – she expressed her optimism that federal lawyers of all stripes would reject the president’s attempts to invalidate the results in Michigan.
“Our country has always been firmly committed to the rule of law, our constitutional structure is based on the rule of law, and judges who take an oath take an oath to uphold the rule of law,” said Massaron, who has supported Democratic candidates and causes in the past, but is also a member of conservative federalist society. “I believe and hope they will decide these cases in accordance with the rule of law, recognizing the overwhelming vote and recognizing the awesome responsibility of preserving our democratic electoral process.”
The two are not alone in their assessment of Trump’s legal strategy and prospects. Several senior Republican lawyers have described his lawsuits as “garbage” and “absurd” in interviews with The Daily Beast last week, and the United States Supreme Court rejected his request to stop the counting of late ballots in Pennsylvania Friday.
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