White House allies secretly wrote the Texas lawsuit asking the Supreme Court to overturn Biden's win
By Nov. 12, former President Donald Trump's team of election lawyers knew he had lost his re-election bid, that despite Trump's tweets and public comments, "there was no substantial evidence of election fraud, and there were nowhere near enough 'irregularities' to reverse the outcome in the courts," The New York Times reports. But their protestations just made Trump turn to allies telling him what he wanted to hear, so Nov. 12 was also the day "Trump's flimsy, long-shot legal effort to reverse his loss turned into something else entirely — an extralegal campaign to subvert the election, rooted in a lie so convincing to some of his most devoted followers that it made the deadly Jan. 6 assault on the Capitol almost inevitable."
Trump's experienced legal team either quietly faded away or was sidelined by Rudy Giuliani, Sidney Powell, Lin Wood, and other lawyers "ready to push forward with propagandistic suits that skated the lines of legal ethics and reason," the Times reports. That eventually included "the vast majority of Republican attorneys general, whose dead-on-arrival Supreme Court lawsuit seeking to discard 20 million votes was secretly drafted by lawyers close to the White House."
Before Thanksgiving, Trump's allies — including Kris Kobach, a voting restrictions activist who previously led Trump's "election integrity" commission; former North Carolina Supreme Court Chief Justice Mark Martin; and Lawrence Joseph, a lawyer who had worked to shield Trump's tax returns — started working on a new lawsuit that while "short on legal or factual merit" was "rich in the sort of sensational claims" sure to spread across conservative media, the Times reports. The argument was that Trump states could ask the Supreme Court to throw out 20 million votes in certain states President Biden won because, they claimed, those Biden states effectively cheated.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
"Only one type of lawyer can take a case filed by one state against another directly to the Supreme Court: a state attorney general," the Times reports. "The president's original election lawyers doubted that any attorney general would be willing to do so," but Texas Attorney General Ken Paxton jumped at the chance. When the Texas solicitor general refused to be involved in the suit, Paxton hired Joseph as a special outside counsel, not disclosing to the court that Joseph and other outside Trump advisers had written the brief. Read more about Trump's extralegal campaign at The New York Times.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
UK gynaecological care crisis: why thousands of women are left in pain
The Explainer Waiting times have tripled over the past decade thanks to lack of prioritisation or funding for women's health
By Harriet Marsden, The Week UK Published
-
'The Hum': the real-life noise behind The Listeners
In The Spotlight Can some of us also hear the disturbing sound that plagues characters in the hit TV show – and where is it coming from?
By Chas Newkey-Burden, The Week UK Published
-
The Week Unwrapped: Are we any closer to identifying UFOs?
Podcast Plus, will deals with Tunisia and Kurdistan help Labour? And what next for the Wagner Group?
By The Week Staff Published
-
Judge blocks Louisiana 10 Commandments law
Speed Read U.S. District Judge John deGravelles ruled that a law ordering schools to display the Ten Commandments in classrooms was unconstitutional
By Peter Weber, The Week US Published
-
ATF finalizes rule to close 'gun show loophole'
Speed Read Biden moves to expand background checks for gun buyers
By Peter Weber, The Week US Published
-
Hong Kong passes tough new security law
Speed Read It will allow the government to further suppress all forms of dissent
By Peter Weber, The Week US Published
-
France enshrines abortion rights in constitution
speed read It became the first country to make abortion a constitutional right
By Peter Weber, The Week US Published
-
Texas executes man despite contested evidence
Speed Read Texas rejected calls for a rehearing of Ivan Cantu's case amid recanted testimony and allegations of suppressed exculpatory evidence
By Peter Weber, The Week US Published
-
Supreme Court wary of state social media regulations
Speed Read A majority of justices appeared skeptical that Texas and Florida were lawfully protecting the free speech rights of users
By Peter Weber, The Week US Published
-
Greece legalizes same-sex marriage
Speed Read Greece becomes the first Orthodox Christian country to enshrine marriage equality in law
By Peter Weber, The Week US Published
-
Trump and his lawyer Alina Habba have a rough day in defamation court
Speed Read Trump's audible grousing as E. Jean Carroll testified earned him a warning he could be thrown out of court, and Habba showed she 'doesn't know what the hell she's doing'
By Peter Weber, The Week US Published