Ted Cruz Recycles Election Fraud Claims Already Rejected by the Courts
Senator Ted Cruz and a group of ten other GOP senators have issued a statement calling on Congress to refuse to certify the 2020 election results unless Congress first creates a commission to investigate President Trump’s unsubstantiated allegations of “voter fraud, violations and lax enforcement of election law, and other voting irregularities.” The statement claims that the commission is needed because courts have supposedly failed to address these claims: “Ideally, the courts would have heard evidence and resolved these claims of serious election fraud. Twice, the Supreme Court had the opportunity to do so; twice, the Court declined.”
It’s true that the Supreme Court has declined to hear these claims on the merits, instead dismissing them on procedural grounds. But, as GOP Senator Pat Toomey points out, Cruz and his allies “fail to acknowledge that these allegations have been adjudicated in courtrooms across America and were found to be unsupported by evidence.”
Toomey is right. The Trump campaign and its supporters have had numerous opportunities to adjudicate these issues in both state and federal court. And they have repeatedly either failed to present any evidence of fraud or other illegality, or—as in the case of Sidney Powell’s “kraken” lawsuits—the “evidence” was so risible that it was quickly laughed out of court.
Consider this ruling by the US Court of Appeals for the Third Circuit, where Trump-appointed Judge Stephanos Bibas wrote an opinion for a unanimous panel emphasizing that “calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here.” Bibas also noted the Trump campaign’s failure to present any evidence or even allegations of fraud, when they had the opportunity to do so. Or consider this more recent ruling, by the Seventh Circuit, in which Judge Michael Scudder,
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