Read The Times Australia

Daily Bulletin

What's behind Trump's refusal to concede? For Republicans, the end game is Georgia and control of the Senate

  • Written by: Markus Wagner, Associate Professor of Law, University of Wollongong

The world may have expected the chaos and uncertainty of the US presidential election to end when Joe Biden was declared the winner last weekend. But these are not normal times and Donald Trump is not a conventional president.

Concessions that used to be a part of the political process have been replaced by baseless allegations of voter fraud and election stealing, loud, all-caps shouting on Twitter and plans for a “Million MAGA March” on Washington.

The courts are the proper venue for candidates to challenge the results of elections. But a legal process requires evidence of illegality — and as of yet, the Trump campaign has produced very little.

So, then, how long can Trump string things out — and, more importantly, what’s the end game?

More lawsuits are filed, with little chance of success

Lawsuits can be filed for a number of reasons after an election: violations of state law by local election officials, discrimination against voters, political manipulation of the outcome or irregularities in the ballot counting process.

The Trump campaign has filed numerous lawsuits in both state and federal courts. Some challenges in Georgia and Michigan were quickly dismissed.

Read more: Has Donald Trump had his Joe McCarthy moment?

In one case filed in Pennsylvania, Republicans sought to stop the vote count in Philadelphia on the grounds Trump campaign officials were not allowed to be close enough to the ballot-counting process.

Under questioning from the judge, the Trump campaign lawyers were forced to admit a “non-zero number” of Republican observers were present. The judge, clearly exasperated, responded by asking, “I’m sorry, then what’s your problem?”

What's behind Trump's refusal to concede? For Republicans, the end game is Georgia and control of the Senate Trump supporters demonstrate near the Pennsylvania state Capitol last weekend. Julio Cortez/AP

In another filing before a federal court in Pennsylvania, the Trump campaign alleges voting by mail runs afoul of the Constitution’s equal protection clause, a claim bound to fail.

The most interesting - and perhaps most viable - case concerns whether a state court can extend the time limit for mail-in ballots to arrive.

In this case, the Trump campaign challenged a decision by the Pennsylvania Supreme Court to allow mail-in votes received up to three days after election day to be counted.

Read more: How votes are counted in Pennsylvania: Changing numbers are a sign of transparency, not fraud, during an ongoing process

The US Supreme Court twice declined to halt the counting of these votes, but did order the ballots to be segregated, leaving the door open to a challenge after the election.

A group of Republican attorneys-general filed a brief at the US Supreme Court this week urging it to take up the case.

Amy Coney Barrett, the newly appointed Supreme Court justice, did not participate in the earlier decisions, and it remains to be seen if her vote would change the outcome should the case reach the court.

Hoever, this may all be a moot point, as there are likely not enough late-arriving ballots for Trump to make up the sizeable gap to Biden in the state.

What's behind Trump's refusal to concede? For Republicans, the end game is Georgia and control of the Senate Even with a conservative majority, the US Supreme Court is unlikely to play a role in the election outcome. Patrick Semansky/AP

Attorney-general steps into the fray

Attorney-General William Barr has also inserted the Department of Justice into the post-election drama, authorising investigations by US attorneys into alleged voter fraud across the country. The move outraged the top official in charge of voter fraud investigations, prompting him to resign.

The Department of Justice has historically stayed out of elections, a policy Barr criticised in his memo, saying

such a passive and delayed enforcement approach can result in situations in which election misconduct cannot realistically be rectified.

The department’s about-face is important for several reasons. It changes long-standing practice, as Barr himself admits. The general practice, he wrote, had been to counsel that

overt investigative steps ordinarily should not be taken until the election in question has been concluded, its results certified, and all recounts and election contests concluded.

Of course, Barr has ingratiated himself with Trump before, most notably in his 2018 memo to the Justice Department expressing concerns over the Mueller investigation.

Many had wondered why Barr had remained unusually quiet for so long on the election. It appears he is back, and willing to support Trump and the Republican cause.

The end game: Georgia and the US Senate

Given Trump and Republicans have very little chance of overturning the result through these tactics, the question remains: what is the goal?

Yes, this all could be explained simply as Trump not liking to lose. But setting such indulgences aside, the reason for this obstruction appears to be two upcoming US Senate runoff elections scheduled for January 5.

What's behind Trump's refusal to concede? For Republicans, the end game is Georgia and control of the Senate Georgia state Rep. Vernon Jones speaks at a Trump rally in Atlanta this week. Mike Stewart/AP

Under Georgia law, a runoff is required between the two candidates that came out on top if neither wins 50% of the vote in the state election.

The Republicans currently hold a 50-to-48-seat edge in the Senate, meaning control of the chamber now comes down to who wins the two Georgia runoffs.

The positions taken by Republican senators in recent days are telling — they have stood firmly behind Trump’s challenges and gone out of their way not to congratulate Biden on his victory. Republican Senator John Thune of South Dakota put it bluntly,

We need [Trump’s] voters […] we want him helping in Georgia.

The Senate plays a crucial role for the Biden presidency. If it remains in Republican hands, this could leave Biden with few avenues to implement his favoured policies on the economy, climate change or health care and would deny Democrats the ability to expand the Supreme Court.

Already, it’s clear the focus of the GOP is shifting toward Georgia. The two Republican Senate candidates this week called for the resignation of the secretary of state, a fellow Republican, repeating Trump’s baseless claims over voter fraud in Georgia.

Read more: Winning the presidency won't be enough: Biden needs the Senate too

According to the Atlanta Journal-Constitution, this was done to appease Trump

lest he tweet a negative word about them and risk divorcing them from his base ahead of the consequential runoff.

Is democracy at stake?

It appears all these efforts are aimed at one goal: energising the Trumpian base for the Georgia run-off elections by delegitimising not only Biden, but the election process itself.

The long-term implications are momentous. The US is already bitterly divided, as demonstrated by the large voter turnout on both sides in the election. This division will only deepen the more Trump presses his claims and signals he won’t go away silently.

This continued fracturing of the US would prevent Biden from achieving one of the main goals he set out in his victory speech: bringing Republicans and Democrats together.

If half the country buys into his claims of a stolen election, the real danger is the erosion of democracy in the US as we know it.

Authors: Markus Wagner, Associate Professor of Law, University of Wollongong

Read more https://theconversation.com/whats-behind-trumps-refusal-to-concede-for-republicans-the-end-game-is-georgia-and-control-of-the-senate-149903

Business News

Reducing Sales Friction Through Centralized Content Delivery

Sales friction appears whenever buyers or sales teams face unnecessary obstacles in the buying journey. It can happen when information is hard to find, when messaging feels inconsistent, when product ...

Daily Bulletin - avatar Daily Bulletin

Why Choosing the Right Bollard Supplier Matters for Australian Businesses and Public Spaces

From busy CBD streetscapes to sprawling warehouse loading docks, bollards have become one of the most essential safety and security fixtures across Australia. Whether protecting pedestrians from veh...

Daily Bulletin - avatar Daily Bulletin

Why Modular Content Is Transforming Modern Marketing Teams

Modern marketing teams are expected to produce more content than ever before. They need to support websites, landing pages, email campaigns, social channels, product pages, sales enablement material...

Daily Bulletin - avatar Daily Bulletin

Everything You Need to Know About Getting Support from Optus

Whether you've been an Optus customer for years or you've just switched over, at some point you'll probably need to contact their support team. Maybe your bill looks different from what you expected. ...

Daily Bulletin - avatar Daily Bulletin

The Marketing Strategy That’s Quietly Draining Sydney Business Owners’ Bank Accounts

Sydney businesses are investing more in digital marketing than ever before. The intention is clear. More visibility should mean more leads, more customers, and steady growth. However, many business ...

Daily Bulletin - avatar Daily Bulletin

Why Mining Hose Solutions Are Essential For High-Performance Industrial Operations

In environments where the ground itself is constantly shifting, breaking, and being reshaped, every component must be built to endure. Mining operations are among the most demanding in the industria...

Daily Bulletin - avatar Daily Bulletin

The Reason Talented Teams Underperform

If you’re in business, you might have seen it before. A team of capable and smart people just suddenly slows down, and things start spiraling out of control. On paper, everything looks perfect, but ...

Daily Bulletin - avatar Daily Bulletin

Why More Aussie Tradies Are Moving Away From Paid Ads

Across Australia, a lot of tradies are busy. There’s no shortage of demand in industries like plumbing, electrical, landscaping, and building. But being busy doesn’t always mean running a smooth or...

Daily Bulletin - avatar Daily Bulletin

Why Careers In The Defence Industry Are Growing Rapidly

The defence sector has evolved far beyond traditional roles, opening doors to a wide range of opportunities across technology, engineering, intelligence, and operations. This is where defense industry...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...

What to Look for in a Reliable Australian Engineering Partner

Choosing an engineering partner is rarely just about technical capability. Most businesses can fin...

How to Choose a Funeral Home That Supports Families with Care

Choosing a funeral home is rarely something families do under ideal circumstances. It often happen...

Why Premium Coffee Matters in Modern Hospitality Venues

In hospitality, details shape perception long before a guest consciously evaluates them.  Lightin...