Donald Trump lawyer Rudy Giuliani said Tuesday the Trump campaign is ready to lose election cases in Pennsylvania and other states in a strategy he said would ultimately hand a final decision to the U.S. Supreme Court.
Giuliani made the statement amid scrutiny of Trump’s legal strategy, amid public calls for the president to provide evidence of the widespread fraud he claims resulted in a ‘rigged’ election that Trump claims he ‘won.’
The president’s personal attorney was due to appear in court remotely on Tuesday to argue one of Trump’s cases, an attempt to have hundreds of thousands of mail-in ballots removed from the count in Pennsylvania.
It was the first time since 1992 he was due to appear in federal court, and the first time since 2018 in any court room, having appeared for his alleged mistresses’ daughter in a Florida court two years ago.
‘Frankly this is a case that we would like to get to the Supreme Court. So we’re prepared in some of these cases to lose and to appeal and to get it to the Supreme Court,’ Giuliani told Fox Business host Maria Bartiromo Tuesday.
Donald Trump lawyer Rudy Giuliani said the Trump campaign is ‘prepared in some of these cases to lose’ at it seeks to get before the U.S. Supreme Court
‘You might remember in Bush v. Gore the Bush campaign lost in the state of Florida because it was a Democratic court,’ he said. ‘You’re not going to win every one of these … But in some cases you win, some cases you lose, the most important thing is this will be now our first established vehicle on our way to the Supreme Court.’
Giuliani’s comments appeared to be preparing the ground for legal setbacks – after multiple attorneys have withdrawn from representation amid public calls for Trump to accept the outcome of the election. President-elect Joe Biden is not getting secret intelligence briefings nor is an official transition underway after a Trump political appointee refused to assess that Biden was the winner.
Biden leads Trump by about 60,000 votes in Pennsylvania, so any court would have to throw out a large number of ballots to have an impact on the result.
Trump made his comments on the Fox Business Network
Trump’s new Pennsylvania lawyer Marc Scaringi cast doubt derailing a ‘Biden presidency’ through the courts immediately after Election Day
Trump spoke about the need to get nine justices on the Supreme Court before the election while attacking mail-in ballots. He is pictured with Justice Amy Coney Barrett, confirmed just weeks before Election Day
Giuliani also pointed to a Trump campaign lawsuit in Michigan.
‘That case is also another vehicle to go to the Supreme Court. He also mentioned suits in Wisconsin and Georgia. ‘Then we’ll have three more right after that.’ In all of those states, networks declared Trump the winner. There is a hand recount underway in Georgia.
Giuliani continues to argue that hundreds of thousands of Pennsylvania votes should be tossed due to what he claims was insufficient monitoring.
‘We have no idea if those 670,000 ballots were put in by Mikey Mouse or Biden’s cousin … or by some criminal who got paid money to produce ten thousand,’ he said.
‘Pennsylvania has in fat reversed an election based on absentee irregularities,’ he said.
Trump called on Giuliani to help oversee his sprawling legal efforts.
Trump in his early morning Nov. 4th statement where he claimed he ‘won’ the election said: ‘we will be going to the Supreme Court.’
Conservatives hold a 6-3 majority on the Supreme Court, but many legal experts have predicted Trump’s efforts will fail, with Biden having amassed 306 electoral votes.
Trump in September signaled he believed an election case would ultimately land before the Supreme Court, as he made the case to fill the vacancy created by the death of Justice Ruth Bader Ginsburg.
‘We need nine justices. You need that, with the unsolicited millions of ballots that they’re sending,’ he said.
A new member of Trump’s Pennsylvania team said publicly that there aren’t enough ‘bombshells’ out there that would prevent President-elect Joe Biden form taking office.
The Trump campaign brought on lawyer Marc Scaringi, who also has an AM radio show, after several other attorneys resigned under public pressure from efforts to declare the vote in Pennsylvania and other states invalid.
Scaringi himself cast doubt on the effort shortly after TV networks called the race for Biden after naming him the victor in Pennsylvania.
‘I’ve been saying since Wednesday morning that Biden would win and to my friends out there … In my opinion there really are no bombshells that are about to drop that will derail a Biden presidency, including these lawsuits,’ he said on his show Nov. 7.
‘I really don’t want to get into a discussion on any of these pending lawsuits file by the trump campaign or the state GOPs,’ he continued. ‘I will say that some of them have merit, like the lawsuits filed by our Pennsylvania Republican party … several of the other lawsuits don’t seem to have much evidence substantiated their claims,’ he said.
‘At the end of the day, in my view, the litigation will not work,’ he said. ‘It will not reverse this election.’
The Trump campaign lawyers are arguing that voters in Democratic-run counties were allowed to fix or ‘cure’ their mail-in ballots, while those in Republican-run counties were not – although the patchwork process occurred in part due to decisions by individual counties not to take guidance from a state elections officer.
The state advised county election officials the night before the election that county election boards ‘should provide information to party and candidate representatives during the pre-canvass that identifies the voters whose ballots have been rejected’ to facilitate provision ballots or contacts to allow them to ‘cure’ their ballots.