Rick Hasen: “This is exactly the playbook that Republicans used when Kentucky Gov. Matt Bevin sought to get the Kentucky Legislature to take away his Democratic opponent Andy Beshear’s victory in the 2019 governor’s race. Bevin alleged fraud without providing proof. GOP leaders in the Kentucky Legislature gave Bevin a few days to come up with the proof. When he produced nothing, they got impatient, and Bevin eventually conceded, blaming the ‘urban vote’ on his way out the door. The same thing is likely to happen with Trump.”
“Biden has a wide enough Electoral College lead, and a wide lead in enough states, that it is impossible to see Trump litigating his way to reversing a Biden victory unless facts come to light about a major failure in vote counting across multiple states. Trump has plenty of claims he can bring and every right to bring them. But the claims will not amount to anything substantial. He can ask for a recount in Wisconsin, for example, but the chances of overcoming a 20,000 vote deficit are practically impossible when the average statewide recount moves numbers by about 300 votes. Some have suggested the legal process gives Trump a way to save face, claiming fraud cost him the election on his way out the door. Others have said that the legal process just gives Trump time for psychological acceptance of the loss.”