Trump lost 60+ cases trying to reverse the 2020 election. He has yet to produce evidence that it was “rigged.”
Trump’s DOJ has lost at least 20 cases seriatum trying to get voter rolls from states that refuse to bend the knee. (Texas did early on, then had to tell DHS it’s “analysis” had massive errors, and Texas didn’t make any changes pursuant to that DHS “finding.”)
Trump not only has no “right” to declare a national emergency over elections, he has no authority under statute or the Constitution to do so. “National security” is not a secret Presidential superpower that brushes away all legal opposition; otherwise his ballroom would be out of the ground by now, and Trump would be declaring all his EO’s national security measures.
Trump can make all the declarations he wants about the midterms. He can’t get 50 states to go along with him, and the example of Texas is that few would be foolish enough to suspend, or substantially alter, their voting procedures this close to Election Day. After all, even Texas refused to purge their rolls when DHS alleged Texas needed to. Performative actions are one thing; actual performance is where the rubber meets the road. Even the Congress wasn’t willing to give Trump what he wanted in January, 2021. A few said they’d oppose accepting the results, but that’s because they knew it was a futile gesture. They didn’t really want to be responsible for throwing the presidential election into chaos.
Trump’s DOJ is so hollowed out and useless, it makes the legal teams led by Giuliani in late 2020 look like legal juggernauts.
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