MSNBC cut away from The President's remarks tonight for a fact check...
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And we continued reporting the facts and law about the counting process, and then heard from a Secretary of State about the counting process -- and the actual legal requirements for when there are legitimate legal questions regarding the vote.
There are also some important points about President Trump's current legal position - *apart* from what he claimed tonight (some of which does not bear repeating)...
#Thread ...
#Thread ...
Something telling did happen at the White House tonight.
For all the talk about "voter fraud," and Donald Trump's threats and warnings and claims, what we saw tonight failed to provide any specific legal plan to *affect* anything in the election results.
For all the talk about "voter fraud," and Donald Trump's threats and warnings and claims, what we saw tonight failed to provide any specific legal plan to *affect* anything in the election results.
So a candidate spoke -- The President -- but he did not act.
He did not outline concrete legal steps.
He did not even have a legal team of any kind there to do that.
He did not outline concrete legal steps.
He did not even have a legal team of any kind there to do that.
Trump did not outline any specific way that they would either use cases to (1) defend states where they're winning; or (2) try to change the results in states where they're losing.
Tonight The President did not seem to have a grasp on how courts are involved in American elections.
I'm not offering that as shade, but as a telling problem for a client facing an uphill legal battle with tight deadlines.
I'm not offering that as shade, but as a telling problem for a client facing an uphill legal battle with tight deadlines.
Tonight Trump falsely asserted that he's "claiming states" and so is Biden and the courts will have the last word.
That's largely wrong on the law -- as well as the fact that Biden has been referring to state results, not "calling" any prematurely.
That's largely wrong on the law -- as well as the fact that Biden has been referring to state results, not "calling" any prematurely.
But the really bad legal "news" for Trump is broader:
Under state law and federal precedent, courts do *not* tend to get involved in election results once they're certified and go through the lawful process.
Courts are generally more of a last resort.
Under state law and federal precedent, courts do *not* tend to get involved in election results once they're certified and go through the lawful process.
Courts are generally more of a last resort.
So it may be worth keeping in mind in the days ahead:
Lower courts can hear something, but no candidate (not even POTUS) can just "make" appeals courts or SCOTUS take any random complaint.
Lower courts can hear something, but no candidate (not even POTUS) can just "make" appeals courts or SCOTUS take any random complaint.
Under precedent, courts defer to a state's results, *unless* there's overwhelming evidence of a legally relevant problem, or to oversee a legally mandated recount (governed by state law when it's super close). (Super close is a legal term.) (Obv.)
So Trump is *talking* like he can definitely take any loss "to court."
But U.S. federal courts have been dealing with elections for hundreds of years -- you can't just say anything and get them to respond.
The federal courts are not Twitter.
But U.S. federal courts have been dealing with elections for hundreds of years -- you can't just say anything and get them to respond.
The federal courts are not Twitter.
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