Fox News Legal Experts Say Trump’s Election Lawsuits Likely Doomed: They ‘Won’t Matter’
Fox News contributor and former Chief Assistant U.S. Attorney Andy McCarthy and former U.S. Attorney Harry Litman poked holes in President Donald Trump’s election lawsuits on Thursday, explaining how they are likely to fail.
After being asked about Pennsylvania ballots being allowed after election day, McCarthy said, “It was allowed by the state Supreme Court of Pennsylvania.”
“There’s all these issues across these different states, a lot of them are going to be very fact-intensive. This is one of these bright-line legal issues. It’s either constitutional or it’s not,” he explained. “Did the state Supreme Court of Pennsylvania have the authority to change the state legislature’s rules that had been set by statute for the election? That’s either yes or no, but before you even get there, you have to make sure that it would actually make a difference.”
“So for all the talk about the potential for fraud and whether this is legal or not, if only a real trickle of votes actually came in in the last three days, and it turns out that it’s not enough that when we ultimately see the total it will make a difference,” McCarthy said, “then you know, you could say that it happened, you can argue whether it’s legal or not, but bottom line you’re not gonna get very far with a claim that couldn’t change the outcome.”
Litman agreed, noting, “It’s got to be dispositive before the court would take it up.”
“It’s a very, very hard dynamic for Trump now, because the basic rule of thumb in these things is you try to get your guy ahead and then stop. But it’s going in the other direction,” he argued. “The ground is falling out from under Trump in all the other states, and the rag-tag claims of a little problem here and observation there just aren’t gonna be enough to close any kind of gap.”
“Now in Pennsylvania, there actually I think are more votes than people are thinking. There are about 500,000 that were sent out that haven’t come back yet,” Litman continued. “Let’s say half of those do come back. That’s a good chunk, but the arithmetic right now is very strong in Biden’s favor, and if it continues at the 75 to 80 percent of the votes coming in, it won’t matter.”
“Not because they are few votes. It won’t matter because Biden will be ahead even without them, and in that instance, as Andy said, the court won’t take it,” he concluded.
Watch above via Fox News.
