Trump’s Lawyers Claim the Conspiracy To Steal the Election Is Both ‘Easily Provable’ and Impossible to Prove
Rudy Giuliani, who has been leading the Trump campaign’s legal challenge to Joe Biden’s election, says the vast criminal conspiracy that supposedly denied the president his rightful victory is “easily provable.” Yet he and other Trump supporters have not come close to proving it in court, where they have either failed to present credible evidence or failed even to allege the sort of massive fraud that could have changed the outcome of the election. Trump’s motion to intervene in Texas v. Pennsylvania, a last-ditch effort to prevent Biden from taking office, continues that pattern.
Texas Attorney General Ken Paxton is asking the Supreme Court to rule that Pennsylvania, Georgia, Michigan, and Wisconsin violated the Constitution by changing election procedures without authorization from their state legislatures. Seeking to join that lawsuit, Trump attorney John Eastman acknowledges the lack of evidence to support the president’s conspiracy theories.
“Despite the chaos of election night and the days which followed, the media has consistently proclaimed that no widespread voter fraud has been proven,” Eastman writes. “But this observation misses the point. The constitutional issue is not whether voters committed fraud but whether state officials violated the law by systematically loosening the measures for ballot integrity so that fraud becomes undetectable.”
According to this account, the scheme to fraudulently anoint Biden as the president-elect, far from being “easily provable,” was so clever that it was “undetectable.” That argument completely contradicts everything that Trump, Giuliani, and pro-Trump lawyers such as Sidney Powell have been saying for weeks.
They claim the anti-Trump plot left many obvious clues, including statistically impossible vote tallies, “thousands and thousands” of clearly phony absentee ballots delivered in plain sight, illegal directives from election officials, and blatant, pervasive irregularities in accepting and processing votes. “The evidence is overwhelming,” Trump insisted during the 46-minute rant he posted on Facebook last week. “Everyone is saying, ‘Wow, the evidence.'” But state and federal judges have not been wowed, and Trump’s own attorney general says the Justice Department has not seen evidence of “fraud on a scale that could have effected a different outcome in the election.”
Never mind all that, Eastman says. The real problem is that state officials illegally changed the rules in ways that made any conspiracy to steal the election impossible to document. “The unlawful actions of election officials effectively destroy the evidence by which the fraud may be detected,” he writes.
In response to a lawsuit by the Democratic Party of Georgia, for example, the Republican secretary of state, Brad Raffensperge
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