Saturday, November 21, 2020

The Most Irresponsible Performance By Presidential Lawyers

(The image of Trump's election attorney, Rudy Giuliani, was painted by Jim Carrey.)

Donald Trump is the biggest sore loser in this nation's history. Instead of conceding defeat and helping the incoming administration (as all presidents in the past have done), he has whined, lied, and even gone to court numerous times to have the election results overturned.

All of those efforts have failed, and many of his election attorneys have resigned. Trump has replaced them with the clownish and incompetent Rudy Giuliani -- a man who seems determined to completely destroy his already besmirched reputation and image.

On Thursday, Giuliani held a news conference, spewing lies and making outrageous claims for which he has no proof. Calling that "news" conference ludicrous would be a vast understatement.

The Republicans in Congress won't speak up to stop this ridiculous charade. But that is not true of everyone on the right-wing. The following is part of an editorial from the National Review -- the prestigious conservative magazine started by William Buckley.

The Rudy Giuliani–led press conference at the RNC yesterday was the most outlandish and irresponsible performance ever by a group of lawyers representing a president of the United States.

If Giuliani’s charge of a “national conspiracy” to produce fraudulent votes in Democratic cities around the country wasn’t far-fetched enough, attorney Sidney Powell ratcheted it up with the allegation that Communist-designed election machinery was used to change the vote from a Trump landslide to a narrow Biden victory. An obvious question is why, if you can manipulate the vote count via machine, you’d need to bother with old-fashioned fraudulent ballots. Powell’s story is that the surprisingly strong Trump turnout “broke the algorithm” of the corrupted machines, and then the fraudulent ballots were desperately hauled in to make up the difference.

This is lawyering worthy of the comments section of Breitbart News.

If there’s serious evidence for any of this, Giuliani and co. need to produce it immediately. Waving around affidavits at a press conference without allowing anyone to examine them doesn’t count. . . .

This magazine has always taken voter fraud seriously, and we hope that any that occurred in this election is exposed and prosecuted. But it’s important to recognize that the broad contours of the 2020 presidential vote make sense. At the RNC press conference, Giuliani made much of how the count switched against Trump after he established initial leads on Election Night in key states. Yet this was expected and a function of the fact that same-day ballots strongly favoring Republicans were counted first, and early votes strongly favoring Democrats were counted last.

Across the country, the basic picture is the same, without any notable anomalies — Trump excelled in rural areas, got wiped out in urban areas but often by slightly smaller margins than in 2016, and lost soundly in suburban counties, which proved decisive. . . .

Getting nowhere in court, the White House appears to be shifting to a political strategy based on blocking the certification of results and getting state legislatures to appoint Trump electors in states Trump lost. This is a profoundly undemocratic gambit that, if it were to enjoy any success, would precipitate a major constitutional crisis. The Constitution gives state legislatures the power to appoint electors, but it has been the norm for legislatures to appoint those electors on the basis of state elections for about 200 years. For any legislature to turn around now — solely because its party’s candidate lost and refuses to accept the result — and appoint electors in defiance of the public will would lack all legitimacy. It’d also be legally dubious, at best, to bypass state laws establishing elections as the mechanism for selecting presidential electors.

The most obvious way to prevent this travesty is for Republican state legislators to continue to reject it, the way almost all have done to this point. But they haven’t yet experienced a potential full-court press from Trump and his supporters (the Republican leaders of the Michigan state senate and house have been summoned to a White House meeting today). It’s also important for Republican senators to speak out against this effort and make it clear that they won’t stand for it when it comes time for Congress to consider electors. Finally, it’d be best of all if the president reconsidered going down this route.

He’s turning a narrow election defeat into a bid for infamy.

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