Trump campaign attorney Jordan Sekulow insisted on Thursday amid defeats in court that President Trump has a path to victory.
In an interview with Newsmax TV, he said the Trump campaign cases argue that there was enough fraud in the elections in swing states to cast doubt on the outcome. The remedy, he said, should be to put the outcome in the hands of the state legislatures that select electors to the Electoral College. The electors are selected Dec. 8 and the vote is Dec. 14.
The most likely path, however, he said, would be for the U.S. Supreme Court to combine cases from several states that would together determine the outcome of the election.
“That’s why we have a stay in Pennsylvania on those late incoming ballots, where the law was changed, because the court is waiting to see whether enough cases arrive at the Supreme Court that will change the outcome of the election,” he said.
Responding to critics and doubters, including Republican Sen. Lindsey Graham, Sekulow said he understands the concerns with earlier lawsuits that are more difficult to prove, “these massive fraud allegations.”
“But what we’re now seeing is very specific,” he said. “You’re starting to see the outcome of these lawsuits.”
He cited cases in Arizona, Nevada and Georgia in which judges have orders in place that are favorable to the Trump campaign.
“I understand the concern about some of these wild allegations that got made, but I encourage the senators, I encourage the critics, look at what is actually happening in court,” he said.
Sekulow said the favorable orders may be making the Biden team “a bit more nervous each day.”
“These are serious allegations, and they are starting to show the fruits of the charges and allegations that were made.”
On Tuesday, Republican lawmakers in Pennsylvania filed an emergency injunction with the U.S. Supreme Court after the Pennsylvania Supreme Court affirmed its previous rejection of their request to block certification of the state’s vote.
The case, led by Pennsylvania state Rep. Mike Kelly, R-Pa., seeks to strike down the legislature’s expanded mail ballot policy, contending it violated the state constitution.
Last Friday, a three-judge panel of the Third Circuit Court of Appeals rejected a suit by the Trump campaign to block certification of Pennsylvania’s election results. The appeals court asserted the suit lacked “specific allegations” that the election was unfair.
The Trump lawyers argue the state violated the U.S. Constitution’s guarantee of equal protection under the law when seven counties where Biden was leading allowed voters to fix errors in their ballots while other counties did not.
The Trump team has filed an appeal for an emergency injunction with U.S. Supreme Court Associate Justice Samuel Alito.
The stay by Alito to which Sekulow referred was in a separate case challenging Pennsylvania election officials’ decision to accept ballots marked up to three days after election day, in violation of state law.
Alito ordered that ballots arriving after Election Day be segregated.
‘Old-fashioned ballot stuffing’
Meanwhile, attorney Sidney Powell, who is not part of the Trump legal team, filed a lawsuit in Wisconsin on Tuesday followed by another Wednesday in Arizona challenging the results of the 2020 election.
Powell also has filed suits in Michigan and in Georgia, where a hearing is scheduled for Friday.
The Wisconsin complaint alleges “old-fashioned ballot-stuffing” among an “egregious range of conduct.” It asks a federal court to block Democratic Gov. Tony Evers from transferring the state’s certified election results to the Electoral College. And it asks Evers and the Wisconsin Elections Commission to reverse the certification, “pending a full investigation and court hearing.” Finally, it calls for an independent audit “to ensure the accuracy and integrity of the election.”
The complaint states the fraud “has now been amplified and rendered virtually invisible by computer software created and run by domestic and foreign actors for that very purpose.”
The reference to Dominion Voting Systems software mirrors Powells previous lawsuits in Georgia, Michigan and Arizona.
After a recount in the Democratic strongholds of Milwaukee and Dane counties, Biden leads by 20,682 votes in Wisconsin.
The complaint cites a statistical study concluding Biden overperforming in precincts that relied on Dominion machines by 3 to 5.6 percentage points.
“The results from ‘Dominion’ counties do not match the results from the rest of the counties in the United States,” the complaint says.
The 53-page Arizona lawsuit filed Wednesday alleges 412,000 ballots were cast illegally in the state. Dominion software, the complaint says, was able to connect to the internet, in violation of election laws.
Arizona officials certified Biden’s victory by a margin of 10,457 votes.
The complaint was accompanied by an affidavit from a former electronic intelligence analyst who concluded the Dominion software was accessed by agents from China and Iran. Powells suits claim the software originally was developed to fix elections in Venezuela for the late dictator Hugo Chavez.
Dominion has issued statements denying any wrongdoing.
“Sidney Powell’s wild and reckless allegations are not only demonstrably false, they have led to stalking, harassment, and death threats to Dominion employees,” a company statement said. “This criminal activity has been duly reported to the appropriate law enforcement agencies, and we intend to hold Ms. Powell, and those aiding and abetting her fraudulent actions, accountable for any harm that may occur as a result.”
Trump team cases
On Wednesday, the Wisconsin Supreme Court denied a request by Trump’s legal team to hear his lawsuit requesting that the state’s election results be decertified.
The complaint, the state high court said, must begin with a lower court.
The Trump legal team alleges state officials and election boards in Milwaukee and Dane counties accepted tens of thousands of illegal ballots in a state Biden won by about 20,000 votes.
Wisconsin Gov. Evers called the president’s case an “assault on democracy.”
At the White House on Wednesday, Trump pushed back on Attorney General William Barr’s remark in an Associated Press interview that the Justice Department has not seen evidence of fraud that would change the outcome of the election.
Trump argued the DOJ has not looked hard enough.
“He hasn’t done anything, so he hasn’t looked. When he looks he’ll see the kind of evidence that right now you are seeing in the Georgia senate,” Trump said in the Oval Office.
“They are going through hearings right now in Georgia and they are finding tremendous volumes,” he said. “So, they haven’t looked very hard. Which is a disappointment, to be honest with you, because it’s massive fraud.”
Sekulow, in the Thursday interview, insisted Barr’s remark was taken out of context, arguing the AG is focused on criminal matters while the complaints in swing states are civil cases.
On Wednesday, the White House posted on Twitter and Facebook an address by the president that he called possibly “the most important speech, I’ve ever made.”
Trump said that “if we are right about the fraud, Joe Biden can’t be president.”
“We’re talking about hundreds of thousands of votes. We’re talking about numbers like nobody has ever seen before,” he said.
Trump said “we used to have what was called Election Day.”
“Now we have election days, weeks and months, and lots of bad things happened during this ridiculous period of time,” he said.
“The mail and voting scam is the latest part of their four-year effort to overturn the results of the 2016 election. And it’s been like living in hell,” said Trump.
The president said he is “determined to protect our election system,” which is “now under coordinated assault and siege.”