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Legal experts say Trump’s lawsuits unlikely to change results

President Donald Trump’s election fraud claims and lawsuits are unlikely to impact the outcome of the election, according to legal experts. 

Legal experts say they do not think President Donald Trump’s election fraud-related lawsuits are likely to change the result of the election. LAURYN ALLEN/ DAILY FREE PRESS STAFF

President-elect Joe Biden won swing states, where Trump held an initial lead, after officials counted mail-in ballots that largely casted votes for Biden.

Trump has filed lawsuits challenging the validity of mail-in ballots in battleground states such as Pennsylvania, Michigan and Georgia, some of which have been dismissed by judges.

Dwight Duncan, a professor at the University of Massachusetts School of Law, said some individuals have given written statements providing evidence of fraud, but Trump would need to prove a “widespread pattern” of fraud to change the election’s outcome.

“It’s perfectly appropriate as a legal matter to bring these claims to court, which is where we turn for the peaceful resolution of disputes,” Duncan said.

Bringing these claims to court is a good idea, Duncan said, because political bosses have historically run urban areas, such as Philadelphia, Detroit and Atlanta, which had late mail-in ballot results. 

Ruth Greenwood, a lecturer at Harvard Law School, said she expects more lawsuits to be thrown out in court.

“If they’re able to identify [fraud], then of course we would want to investigate it,” Greenwood said. “But there’s no evidence of it, so I don’t imagine that these cases will go very far.”

Trump has not conceded the election, despite major news outlets declaring Biden the winner. Greenwood said cases claiming fraud and infringement of voters’ rights may go forward regardless of whether Trump concedes. 

Daniel Farbman, an assistant professor at the Boston College Law School, said Trump’s lawyers’ interests lie more in bringing the election’s validity into question than changing its outcome.

“What we’ve seen are the questions being raised without the actual substance,” Farbman said. “It’s absolutely worth their time to cast doubt on the election.”

The Trump campaign can ask for recounts in states with close counts, such as Georgia and Arizona, according to Farbman.

The Pennsylvania Supreme Court allowed mail-in ballots to be counted up to three days after Election Day, as long as there is no reason to believe they were mailed after Nov. 3.

Duncan said the U.S. Supreme Court is unlikely to review this case, because of its experience with Bush v. Gore following the 2000 election, unless there’s evidence of fraud in multiple locations. 

The Florida Supreme Court had ordered a ballot recount in 2000 after punch-card ballots were found marked incorrectly. The U.S. Supreme Court reversed this decision and stopped the recount, securing the presidency for George W. Bush.

Election fraud lawsuits could increase political polarization in the United States, Farbman said.

“The validity and trustworthiness of our electoral process are questioned,” Farbman said. “It’s going to have the effect of making some people think that something deeply unfair happened.”

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  1. These ‘experts’ seem to be missing a pretty major point – there is a broad pattern forming where the machines being used to count the votes (and it seems that it’s ONLY those made by Dominion Voting Systems) either have a ‘software glitch’ OR there’s a ‘backdoor’ into the software that’s allowing for vote tallies to be manipulated.

    This has been documented in several states, so far, and in each instance the machines are taking Trump votes DOWN and Biden votes UP by the same number .. and it’s been thousands of votes in each instance. In one particular weird circumstance, there are three counties in PA where vote totals were manipulated almost simultaneously to the tune of nearly 10,000 votes. These machines were in use in EACH of the ‘battleground’ states – WI, AZ, GA, PA, MI, etc etc .. and it sure looks like there is some manipulation to the output that needs to be addressed – and the outcome could well change the way a state has been called (there are enough instances of this anomaly in MI and GA to flip those states) – and if you’re actually paying attention, PA has been moved from won by Biden to not yet called by Real Clear Politics.

    And with the significant system issues to the side for the moment, there are many other issues too – from large numbers of questionable ballots (there are reports of thousands of people who are at/beyond 100 years of age having voted in one area of either MI or WI), to ballot harvesting (this is what was likely the source of the 140,000 ballot dump in MI, and another 100,000 dump in WI that occurred at/about 4:30a on the 4th), to the highly questionable instance where there’s a ballot only picking Biden and ignoring all the down ballot options (there’s something like 450,000 of these).

    And beyond these, there’s the matter of denying ‘poll-watchers’ in many locations (where millions of ballots were processed) in clear violation of law .. the outcome for this is likely to toss out those ballots (and before any sort of cry for disenfranchising voters is levelled, please consider which voter it is that’s being disenfranchised).

    To somehow accept that Biden is the winner, we all have to accept that he gathered MORE votes than Obama did in either of his elections … and in fact, that he would be THE TOP VOTE GETTER EVER … in a campaign that never left the basement! We all have to believe that, and only in the battleground states was, voter turnout at levels that utterly make NO SENSE! We have to accept that the rejection rate for a vote in PA in about 50-100 times less than historical averages. Etc Etc Etc.

    To summarize, this is FAR from over .. experts, including those included in this article are NO BETTER than the ‘pollsters’ who tried to disenfranchise half the country with completely BOGUS POLLING .. and nobody should be surprised to see outcomes that are quite different from the current narrative.