“Axios reported on Sunday that ‘President Trump has told confidants he’ll declare victory on Tuesday night if it looks like he’s ‘ahead,’ according to three sources familiar with his private comments.’ This is largely in line with Republican lawsuits this election season, including a request over the weekend by Texas Republicans for a federal judge to throw out more than 100,000 ballots, which is likely to fail. Any such effort to continue this ploy after election night would be a disgusting attempted coup to try to stop the counting and manipulate public opinion, but the good news is it is also very unlikely to work.”
“Trump’s blatant telegraphing of this strategy through leaks to Axios is a blessing in disguise. The public is now going to be hearing from the media about Trump’s plans over the next few days and learn more about why election night vote totals are not likely to reflect the final results if the election is close. The strategy is not going to work. The networks and news organizations are prepared for this and Americans have learned to discount anything the president says. Most are inoculated from his lies about voting. And assuming there are no major foul-ups in how the rest of election day voting goes, it is hard to imagine any legal strategy that will lead courts to order a halt to the counting of ballots that have arrived before election day (even if there could still be litigation over late arriving ballots). So far, all of the Trump and Republican suits aimed at stopping the easing of voting rules during the pandemic on grounds of a risk of fraud have failed miserably, and any post-election attempt on these grounds should fail too. The mantra for the next few days is: Count all the ballots arriving legally under state law. Ignore premature victory statements. Take a deep breath” – Rick Hasen, Slate.