Why Trump's election challenges have a better chance than most of succeeding
Whenever someone comes on TV introduced as a "national expert on American election law," change the channel, because no such person exists. We have 50 very different sets of state laws that govern elections and just as many sets of courts with different ideas on how they work. Each state has to be considered by itself, taking into account what a contest or recount there might actually entail.
For example, Michigan has a unique law that excludes precincts with mistaken paperwork from official recount totals. These are not necessarily fraudulent, but often the work of sloppy, inept officials who give out ballots without securing signatures and properly counting them. It happens every time in most of the Detroit precincts. How well do you suppose Biden would do in a Michigan recount if half of Detroit is tossed out at the start?
Right now, Republican lawyers in each close state are gathering evidence and researching the options. The Trump team ought to take at least the 37 days Al Gore used to fight the 2000 election. The nominal date to wrap up election challenges is December 8, and the Electoral College doesn't vote until the 14th.
If at the end Mr. Trump cannot prevail in the recounts and the courts, then so be it. But never give the current opposition any shred of respect or legitimacy. The Obama/Pelosi/Biden/Big Tech Democrats have forfeited all that.
They say that when a bear fights an alligator, the most important thing is if it's in the forest or the swamp. Mr. Trump unfortunately has been fighting the last four years in the greatest swamp of them all. Just about all the people he brought with him either meant well but were clueless, like Steve Bannon and Jeff Sessions, or were quick to betray him to the Deep State — Rod Rosenstein, Dan Coats, and a host of others.
At least now, the fight is back in the forests, where Republican state parties will put their best election lawyers to work in venues they understand and under rules they know. These are the real experts in their respective jurisdictions, and they may have some surprises in store.
As a general rule, election recount contests rarely succeed, but that's because even in close races, the loser is usually tapped out financially and emotionally exhausted from the campaign. Spending months fighting in court is daunting. That doesn't fit Mr. Trump. He loves the fight. And this one might actually be somewhat fair.
There's also a huge public relations element that will be crucial. "President" Biden is promising to toughen the national lockdown and add mask mandates. Gov. Cuomo, when told of the Pfizer vaccine, is actually trying to stop its distribution. The lefty Democrats are who they are; the virus empowers them, and they won't give it up.
As people are now seeing what these swine are up to, even some Biden voters are going to be cheering on Trump's recount and his vaccine.
Frank Friday is an attorney in Louisville, Ky.