Biden lawyers say Trump won’t win the election in Supreme Court

Lawyers for President-elect Joe Biden derided the slew of lawsuits filed by President Trump’s campaign since Election Day, calling them “meritless,” and asserted Tuesday that Biden will take office in January.

Biden’s counsel, Bob Bauer and Dana Remus, spoke to reporters on a video conference call Tuesday afternoon about the Trump campaign’s largely unsuccessful lawsuits that have sought to stop the counting of ballots in some states, while attempting to delay the certification of the election results in others. 

“They can’t overturn the outcome of this election and Joe Biden will be inaugurated on January 20th, 2021,” Bauer said on the call.  “[The Trump campaign is] pursuing other, if you will, collateral objectives. And one of which is to attempt to instill in the minds of some portion of the populace that the election was illegitimate and also to throw obstacles in the path of the government. But the Biden-Harris transition is going forward.”

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Protests following the U.S. Presidential Election

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DETROIT, MI – NOVEMBER 4: Election challengers demand to enter to observe the absentee ballots counting but were dined after the room reached capacity during the 2020 general election in Detroit, Michigan on Wednesday, Nov. 4, 2020. (Photo by Salwan Georges/The Washington Post via Getty Images)

An elections worker rubs his head in the closing hours where absentee ballots were processed at the central counting board, Wednesday, Nov. 4, 2020, in Detroit. (AP Photo/Carlos Osorio)

Election challengers yell as they look through the windows of the central counting board as police were helping to keep additional challengers from entering due to overcrowding, Wednesday, Nov. 4, 2020, in Detroit. (AP Photo/Carlos Osorio)

Police block off traffic at the entrance to the central counting board where ballots in the general election are counted in the city at the tcf Center in Detroit, Mich., Wednesday, Nov. 4, 2020. (AP Photo/David Goldman)

Election challengers, left, wait outside after an election official, right, closed the door to the central counting board, Wednesday, Nov. 4, 2020, in Detroit. Officials were saying the challenger quotas were met by Republicans, Democrats and Independent observers. (AP Photo/Carlos Osorio)

Betsy Camardo, who supports Democratic presidential nominee and former Vice President Joe Biden, holds a sign outside the central counting board where ballots in the general election are counted in the city at the TCF Center in Detroit, Wednesday, Nov. 4, 2020. (AP Photo/David Goldman)

Absentee ballots are processed at the central counting board, Wednesday, Nov. 4, 2020, in Detroit. (AP Photo/Carlos Osorio)

Biden supporter Maceo Rhodes, left, debates with Trump supporter Bill Boring outside the central counting board where ballots in the general election are counted in the city at the TCF Center in Detroit, Wednesday, Nov. 4, 2020. (AP Photo/David Goldman)

People attend a rally calling for every vote to be counted from yesterday’s general election near the Detroit Department of Elections building in Detroit, Mich., Wednesday, Nov. 4, 2020. (AP Photo/David Goldman)

Dorothy Hawkins, from left, Nia Winston and Zinnia Patcas, supporters of Democratic presidential candidate former Vice President Joe Biden, look on their phones as news breaks that Wisconsin is called for Biden during a rally calling for very cote to be counted near the Detroit Department of Elections building in Detroit, Mich., Wednesday, Nov. 4, 2020. (AP Photo/David Goldman)

DETROIT, MI – NOVEMBER 04: Pro-President Donald Trump and pro-Joe Biden protesters argue outside the TCF Center as votes continue to be counted on November 4, 2020 in Detroit, Michigan. With ballots still being counted in Michigan, the Trump campaign has filed a lawsuit to temporarily stop the counting until the campaign can gain “meaningful access” to the processing. (Photo by Matthew Hatcher/Getty Images)

Protesters hold “Count every vote” signs outside of the TCF center where ballots are being counted in downtown Detroit, Michigan on November 4,2020. – Democratic presidential challenger Joe Biden on November 4 neared the magic number of 270 electoral votes needed to win the White House with several battleground states still in play, as incumbent President Donald Trump challenged the vote count. (Photo by SETH HERALD / AFP) (Photo by SETH HERALD/AFP via Getty Images)

Supporters of US President Donald Trump gather outside TCF Center where absentee ballots for the 2020 general election are being counted, on November 4, 2020 in Detroit, Michigan. – Democratic presidential challenger Joe Biden on November 4 neared the magic number of 270 electoral votes needed to win the White House with several battleground states still in play, as incumbent President Donald Trump challenged the vote count. (Photo by JEFF KOWALSKY / AFP) (Photo by JEFF KOWALSKY/AFP via Getty Images)

DETROIT, MI – NOVEMBER 04: A police officer separates protesters after an altercation erupted outside of the TCF center in Detroit as votes continue to be counted inside on November 4, 2020 in Detroit, Michigan. With ballots still being counted in Michigan, the Trump campaign has filed a lawsuit to temporarily stop the counting until the campaign can gain “meaningful access” to the processing. (Photo by Matthew Hatcher/Getty Images)

Supporters of US President Donald Trump gesture and chant slogans as they gather outside the room where absentee ballots for the 2020 general election are being counted at TCF Center on November 4, 2020 in Detroit, Michigan. – Democratic presidential challenger Joe Biden on November 4 neared the magic number of 270 electoral votes needed to win the White House with several battleground states still in play, as incumbent President Donald Trump challenged the vote count. (Photo by JEFF KOWALSKY / AFP) (Photo by JEFF KOWALSKY/AFP via Getty Images)

A police officer gestures to supporters of US President Donald Trump gathered outside the room where absentee ballots for the 2020 general election are being counted at TCF Center on November 4, 2020 in Detroit, Michigan. – Democratic presidential challenger Joe Biden on November 4 neared the magic number of 270 electoral votes needed to win the White House with several battleground states still in play, as incumbent President Donald Trump challenged the vote count. (Photo by JEFF KOWALSKY / AFP) (Photo by JEFF KOWALSKY/AFP via Getty Images)

Supporters of US President Donald Trump gesture and chant slogans as they gather outside the room where absentee ballots for the 2020 general election are being counted at TCF Center on November 4, 2020 in Detroit, Michigan. – Democratic presidential challenger Joe Biden on November 4 neared the magic number of 270 electoral votes needed to win the White House with several battleground states still in play, as incumbent President Donald Trump challenged the vote count. (Photo by JEFF KOWALSKY / AFP) (Photo by JEFF KOWALSKY/AFP via Getty Images)

Supporters of President Donald Trump pause for prayer during a rally outside the Maricopa County Recorders Office, Wednesday, Nov. 4, 2020, in Phoenix. (AP Photo/Matt York)

Supporters of President Donald Trump rally outside the Maricopa County Recorder’s Office, Wednesday, Nov. 4, 2020, in Phoenix. (AP Photo/Matt York)

President Donald Trump supporters rally, Wednesday, Nov. 4, 2020, outside the Maricopa County Recorders Office in Phoenix. (AP Photo/Matt York)

President Donald Trump supporters kneel as they rally, Wednesday, Nov. 4, 2020, outside the Maricopa County Recorders Office in Phoenix. (AP Photo/Matt York)

President Trump supporters gather for a voters rights rally, Wednesday, Nov. 4, 2020, at the Capitol in Phoenix. (AP Photo/Matt York)

PHOENIX, AZ – NOVEMBER 04: President Donald Trump supporters gather to protest the election results at the Maricopa County Elections Department office on November 4, 2020 in Phoenix, Arizona. The rally was organized after yesterday’s vote narrowly turned for Democrats in the presidential and senate races. (Photo by Courtney Pedroza/Getty Images)

PHOENIX, AZ – NOVEMBER 04: President Donald Trump supporters gather to protest the election results at the Maricopa County Elections Department office on November 4, 2020 in Phoenix, Arizona. The rally was organized after yesterday’s vote narrowly turned for Democrats in the presidential and senate races. (Photo by Courtney Pedroza/Getty Images)

PHOENIX, AZ – NOVEMBER 04: President Donald Trump supporters gather to protest the election results at the Maricopa County Elections Department office on November 4, 2020 in Phoenix, Arizona. The rally was organized after yesterday’s vote narrowly turned for Democrats in the presidential and senate races. (Photo by Courtney Pedroza/Getty Images)




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Biden’s team has pressed on with its transition plans even as the Trump administration, his campaign and his supporters continue to undermine the election result with unproven allegations of voter fraud that, even if true, would be unlikely to have any bearing on the outcome of the election. The General Services Administration, with 2017 Trump appointee Emily Murphy at the helm, has declined to provide Biden with the transition resources that the agency is legally required to offer an incoming president, Yahoo News’ Alexander Nazaryan reported.

Joe Biden

“For somebody to judge how this has been done in the past, they should look to the past,” Bauer said, “and with the exception of Florida 2000 (the Bush v. Gore case), which is not at all analogous to this situation, the ascertainment would have been done by now.” “Ascertainment” is a term for when the GSA establishes the winning candidate in the election, prompting the start of the transition process.

Remus, Bauer and deputy campaign manager Kate Bedingfield described the litany of frivolous lawsuits filed at the state and federal level as “noise” and “theatrics.” Bauer pointed to the multiple dismissals of lawsuits filed in Georgia, Michigan, Nevada and Pennsylvania and said he’s doubtful that the Supreme Court, which the Trump campaign hopes will consider some of its claims, will give Trump the win he’s seeking.  

“I don’t know which one of these losing cases they’re going to inflict on the Supreme Court,” Bauer said. “But they won’t win it.”

Trump’s campaign appears to be focusing on Pennsylvania, the state whose call on Saturday pushed Biden over the 270 electoral vote threshold, as a key state for litigation. The campaign has filed at least four lawsuits, most recently a federal claim that seeks to block Kathy Boockvar, Pennsylvania’s secretary of state, and several counties from certifying the election results. 

That lawsuit alleges that Pennsylvania “created an illegal two-tiered voting system for the 2020 General Election” that prioritized mail-in ballots and devalued in-person votes by maintaining more stringent requirements for mail-in ballots than in-person ballots.

Supporters of President Trump

Boockvar’s attorneys indicated Tuesday that Boockvar will seek a dismissal of the case, according to court documents.

Bauer wrote off any attempts to block or delay certification as a “procedural maneuver.” Remus agreed.

“We are fully prepared for continued suits and continued attempts to create confusion and to do everything they possibly can to slow things,” Remus said. “But at the end of the day, they have no evidence and thus they will not be able to stop this process.”

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