The Columbus Dispatch

Trump’s latest suit DOA, legal experts say

- Kevin Mccoy, Kristine Phillips, Dennis Wagner and Donovan Slack

President Donald Trump’s campaign launched its broadest challenge yet to the results of the election that appears destined to push him from office, accusing Pennsylvan­ia officials of running a “two-tiered” voting system – in-person and mail – that violates the U.S. Constituti­on.

Legal experts said the case has little chance of succeeding, for a variety of reasons: Courts are wary of invalidati­ng legally cast ballots. The issues raised, even if true, don’t represent a constituti­onal question. And mail voting, used in many states, is both common and constituti­onal.

The suit has “lots of complaints about different things, and it’s not easy to see how they all fit together,” said Kermit Roosevelt, a professor at the University of Pennsylvan­ia Law School who focuses on constituti­onal law.

“This has a very ‘throw it all at the wall and see what sticks’ feel,” he said.

Late Monday, Attorney General William Barr authorized U.S. attorneys to pursue any “substantia­l allegation­s” of voting irregulari­ties during the election, contradict­ing longstandi­ng Justice Department practice of not taking steps that could affect election results.

“Such inquiries and reviews may be conducted if there are clear and apparently-credible allegation­s of irregulari­ties that, if true, could potentiall­y impact the outcome of a federal election in an individual State,” Barr said in a memo to federal prosecutor­s.

The memo prompted Richard

Pilger, who oversees election crime investigat­ions within the Justice Department, to step down from his post.

The Trump campaign’s lawsuit alleges that Pennsylvan­ia’s mail voting system, used in a general election for the first time last week, was fatally flawed by mismanagem­ent and improper changes or interpreta­tions of election laws, which enabled votes to be cast and counted with virtually no oversight.

It claims Trump campaign observers were blocked from the access needed to detect and challenge inadequate verification of voters’ identities and other alleged impropriet­ies.

But as with other lawsuits filed by the Trump campaign and its allies, the federal complaint offered little evidence to back its claims.

Most mail ballots in Pennsylvan­ia favored Joe Biden, the Democratic challenger who has been projected the winner. The lawsuit argues that in-person voting, which favored Trump, had stricter safeguards, including adequate verification of voters’ identities and monitoring by observers.

Erwin Chemerinsk­y, dean of the University of California-berkeley School of Law, said in an email that he could not imagine federal courts citing insufficient oversight of ballot counting “as the basis for disallowin­g votes.”

“What is crucial is that courts are very reluctant to disqualify ballots that were lawfully cast,” Chemerinsk­y said.

Rick Hasen, an election law expert from the University of California-irvine, said the lawsuit is “extremely unlikely” to change the outcome in Pennsylvan­ia or the national outcome favoring Biden.

“Its key claim, that there’s some inequality in the treatment of mail-in ballot and in-person ballots, could have been brought months ago,” Hasen said. “It does not seem calculated to get any relief other than delay.”

“Neither Trump nor (Democratic presidenti­al candidate Hillary Clinton) raised questions then,” said David Becker, executive director and founder of the Center for Election Innovation and Research.

“We literally have done mail-in voting all over the country for almost 200 years. This is not a new thing.”

 ?? MANDEL NGAN/AFP VIA GETTY IMAGES, FILE ?? Attorney General William Barr, left, has authorized a probe into any possible election irregulari­ties.
MANDEL NGAN/AFP VIA GETTY IMAGES, FILE Attorney General William Barr, left, has authorized a probe into any possible election irregulari­ties.

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