US election 2020: What legal challenges remain for Trump?

in news •  4 years ago 

Donald Trump is continuing his attempts to overturn the result of the US presidential election, claiming widespread fraud.

He has been dealt a series of legal blows, and the US government's top lawyer, Attorney General William Barr has said: "To date, we have not seen fraud on a scale that could have effected a different outcome in the election."

As time runs out, here's where the president's main challenges stand.

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How long can Trump's legal challenges go on?
Electors from each state meet on 14 December to formally nominate the next president, but President Trump says his election challenges are "going to continue to go forward".

There's nothing stopping Trump's legal team from filing further lawsuits, but experts say the chances of success are increasingly slim.

Legal analyst Elie Honig says: "As every step of the electoral college unfolds, the chances of success decrease - in this particular instance, from almost zero to zero itself."

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So what legal cases remain?

Series of defeats so far in Pennsylvania
This is where Mr Trump launched most of his challenges, and although Mr Biden has already been certified the winner with a margin of over 80,000 votes, the president has not given up attempts to overturn the result.

The president's legal team claimed voters in Democrat-leaning areas were given more of an opportunity to correct mistakes on their postal ballots than elsewhere.

When they initially lost the case, his lawyers took it to a federal appeals court. It was rejected there too, with the judge saying: "Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here."

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Mr Trump's team then said they would be taking the case to the US Supreme Court.

It seems unlikely the court will hear any such appeal, and legal experts say even if it did, the case would have little chance of success.

In the same lawsuit, the president''s team also alleged that more than 680,000 postal ballots were counted without proper oversight from poll watchers.

This followed a legal tussle over where these observers were allowed to position themselves during the count - the Trump team arguing that poll watchers were prevented from seeing what was going on.

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The Pennsylvania Supreme Court eventually ruled that election officials had not violated state law.

Does US postal voting lead to fraud?
No, voting machines didn't deleted millions of Trump ballots
The 'dead voters' who are still alive
The courts in Pennsylvania also rejected a string of legal challenges by the Trump campaign based on around 9,000 postal ballots they said lacked information, such as the date the ballot was cast or the voter's address.

The Trump legal team did have one a small victory over how long voters should be given to provide proof of identification if it was missing or unclear on their postal ballots. The deadline was 12 November, but following a court ruling this was reduced by three days.

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Most challenges dropped or settled in other states
A series of lawsuits in Michigan, Wisconsin, Nevada, Georgia and Arizona have so far failed to have an impact.

These are all states where Mr Biden has been certified as the winner.

In Michigan, the Trump campaign filed a federal lawsuit to block the certification of results in Wayne County, citing complaints from poll watchers - but this was dropped after a similar challenge was rejected at state-level
In Arizona, a lawsuit claimed some legal votes were rejected, citing problems with voting machines - but Arizona's Secretary of State said this was "grasping at straws", and the suit was dropped
In Georgia, an attempt was made to stop the count in Chatham County, alleging problems with ballot processing - but the lawsuit was rejected by a judge who said there was "no evidence" of improper ballot mixing
In Nevada, a suit asked that Mr Trump be named the winner in the state or that the results be void with no winner certified, alleging illegal voting. This was rejected by the state's Supreme Court, stating there was "no credible or reliable evidence" of fraud
In Wisconsin, Trump's legal team have argued around 220,000 ballots were unlawfully cast, as they seek to overturn the result there. The suit has been rejected by the state's Supreme Court
Wisconsin underwent a partial recount in Dane and Milwaukee counties, and Georgia had a state-wide recount - both confirmed Mr Biden as the winner.

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There was also a suit filed by the state of Texas, backed by President Trump, which claimed the results in Georgia, Michigan, Pennsylvania and Wisconsin were unlawful because of changes to voting procedures due to the coronavirus pandemic.

The US Supreme Court has refused to hear the bid, saying Texas didn't have legal standing to bring the case.

Could other challenges reach the Supreme Court?
President Trump has repeatedly said his legal challenges should be heard by the US Supreme Court, but he's acknowledged this could be hard.

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The most viral US vote claims debunked
With little success in the lower courts, it's unclear if the US Supreme Court would be willing to hear any of the president's legal challenges.

"There's no standard process for bringing election disputes to the Supreme Court" says Prof Richard Briffault of Columbia University Law School. "It's very unusual and it would have to involve a very significant issue."

To date, the 2000 election is the only one to be decided by the US Supreme Court.

In that year, Democrat Al Gore lost Florida state - and the presidential election - by 537 votes out of a total of almost six million cast in the state.

This was followed by a highly controversial recount process that lasted over a month - until the Supreme Court ruled to stop recounting and in favour of Republican George W Bush, who became president.

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