Archive for November, 2020

Who are the Biden and Trump lawyers slugging it out? – Deccan Herald

By Jenna Greene

When it comes to celebrity supporters, Joe Biden dominates the A List. Think Taylor Swift.

Among lawyer nerds, the same thing could be said about Biden's stand-out legal team, with former White House counsel Bob Bauer, former deputy White House counsel Dana Remus and election law giant Marc Elias at the helm.

Also on board are former solicitors general Walter Dellinger III and Donald Verrilli Jr., plus former Attorney General Eric Holder.

The Trump campaign, by contrast, has tapped less prominent lawyers in filing election-related challenges, although we can't overlook William Consovoy and Jay Sekulow, who've risen to prominence during his presidency. Also on board is Mark Thor Hearne II, former President George WBushs national legal election counsel.

Also read:Could US election be decided in the courts?

But overall, the bigger legal names are in the Biden camp.

To be clear, Im not suggesting that any attorneys arent up to the task at hand or for that matter, that having lawyers who are household names is any guarantee of success.

David Boies, arguably the most famous lawyer in America, couldnt save presidential candidate Al Gore in the court battle with George W. Bush in the 2000 election. And Elias was general counsel to Hillary Clinton, for all the good it did her when she lost the presidential election to Trump in 2016.

Filing frenzy

For Trumps team, while its lawyers might not be famous, they are certainly busy.

In Georgia, for example, the Trump campaign and the Georgia Republican Party on November 4 sued to stop the counting of absentee ballots in Chatham County.

The suit was filed by lawyers from Robbins Ross Alloy Belinfante Littlefield as well as Taylor English Duma in Georgia. Neither is among the largest or best-known firms nationally.

However, former deputy White House counsel Stefan Passantino, now a partner at 242-lawyer Michael Best & Friedrich, adds additional muscle to the complaint.

On Thursday, Chatham County Superior Court Judge James Bass Jr. threw out the lawsuit, finding no evidence that local election officials failed to comply with the law.

Passantino and Vincent Russo of Robbins Ross did not respond to requests for comment.

Michigan litigation

In Michigan, Hearne, of four-lawyer True North Law, sued in Michigan to stop vote counting and demand greater access to the tabulation process.

Michigan Court of Claims Judge Cynthia Stephens tossed the suit on Thursday.

Hearne in an interview said the campaign would make a decision whether to appeal once they see the judges written decision.

Also read:Trump faces tough road in getting Supreme Court to intervene

In the event of a recount, he said, the key issue to ensure transparency and oversight and observation for the various stakeholders will be crucial.

I couldn't agree more.

In Nevada, the campaign on Thursday said it planned to file a federal suit to stop vote counting, citing what it called voting irregularities. An earlier suit was filed in state court by lawyers from the small firms of Marquis Aurbach Coffing, the OMara Law Firm and Harvey & Binnall, seeking greater access for election observers.

Keeping track of the Trump campaign litigation is general counsel Matt Morgan, a former deputy assistant to the president and deputy chief of staff to the vice president.

Included in that litigation are multiple lawsuits pending in Pennsylvania, led by perhaps the Trump campaign's biggest guns, Consovoy, of Consovoy McCarthy, and Sekulow. They've asked the US Supreme Court to intervene in a fight over counting absentee ballots that they say are "untimely and unlawful."

Biden response

Biden lawyers are pushing back. Bauer told reporters on Thursday that the legal challenges were a meritless distraction and part of a broader misinformation campaign that involves some political theater.

As for Elias, who did not respond to a request for comment, post-election litigation is familiar ground.

The Perkins Coie partner previously served as lead counsel for former Democratic Senator Al Franken in the 2008 US Senate election recount in Minnesota; for Virginia Attorney General Mark Herring in a 2013 recount fight and for former Senator Harry Reid in connection with his 1998 recount.

Elias came under fire in 2016 for hiring Fusion GPS on behalf of the Clinton campaign to conduct research on Trumps ties to Russia. Fusion then hired former British spy Christopher Steele to dig up dirt.

As the Biden campaigns litigation point person, Elias has kept up a steady stream of Tweets sharing case updates in real time. Trump is losing in court, because his claims have no merit, Elias tweeted on Thursday.

The Trump campaign, meanwhile, is fundraising on its website for its legal election defense fund. We need your help to ensure we have the resources to protect the results and keep fighting even after Election Day.

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Who are the Biden and Trump lawyers slugging it out? - Deccan Herald

Sixty Days of Chaos Will Follow Election Day – City Watch

POST ELECTION 2020-It aint over til its over, saidYogi Berra, but the widening lead for Joe Biden in recent polls suggests it might not be too early to start thinking about what to expect in the 78 days from November 3 to January 3.

It will not be pretty, but it will be better than the alternative if the polls are right.

Uncertainty

It is now a near certainty that Republicans will challenge election results even if the Democratic ticket wins in a landslide. Trump and Biden are both hiring lawyers and preparing for a lengthy legal battle, one that could put the 2000 election to shame. Expect challenges to millions of votes cast by mail. Also expect allegations of ballot-box stuffing, stolen ballots, and more. All this is likely to last at least a month and perhaps longer if Trump declines to concede defeat.

Unrest

Members of Proud Boys and Boogaloo may not vote themselves but will be out in force if Trump suffers a colossal loss. Riots and looting could be widespread, especially if Trump expresses support or encouragement for it. Protests against election results could get violent if they conflict with anticipated celebrations of Bidens win.

Celebration

Expect dancing in front of the White House unless Trump sends in federal troops to stop it. Similar celebrations, some spontaneous and others organized by progressive groups, are likely across the country. Among those celebrating will be Black Lives Matter supporters, womens rights, climate change supporters, and people just happy that the Trump era is over.

As noted above, a clash between celebrants and protestors could make the night of November 3 and the morning of November 4 a particularly troubling period.

Cabinet Appointees

Those looking for a clear indication of how far left the Biden administration might go will be watching cabinet nominations closely. Expect prominent announcements that will please Bernie Sanders and Elizabeth Warren for Secretaries for Interior, Treasury, Homeland Security, Attorney General, and the EPA.

Also, expect an exceptionally diverse cabinet. Women could be the majority. People of color will also be well-represented.

Open questions include whether Elizabeth Warren would like to serve as Treasury Secretary. Could Eric Holder return as AG? What job will Susan Rice get?Also, President Biden will choose a teacher to head the Department of Education.

A Quick Start

Rumors suggest the Biden transition team is already at work reviewing resumes for the thousands of Presidential appointees. Between now and election day, he will quietly step up the pace. Biden will send hundreds of nominees to the Senate days after Inauguration Day.

A Democratic Senate

The anticipated scope of Trumps defeat will give Democrats a majority in the Senate. Charles Schumer (D-NY) will become Majority Leader. Expect the Senate to hit the ground running. Major legislation, including another stimulus bill, some initial Green Deal bills, and similar legislation could be law by the end of February.

Disappearing Trump Voters

While Trumpism will, unfortunately, not be dead, it will be difficult in some circles to find anyone who will admit they voted for Trump. Small business owners who liked the Trump tax and deregulation initiatives will continue to approve his tax legislation and judge appointments but disavow other aspects of Trumps behavior.

The Republican party is already starting to realize the 2020 Trump campaigns damage to their party. A new generation of Republicans will step up to steer the party away from the worst, most controversial Trump policies. It is far from clear that they will be successful. Will those disgusted with Trumpism but not ready to move left establish a new centrist party?

The Risk of Predictions

Predictions have a way of haunting those who make them. Donald Trump surprised pollsters and pundits in 2016. While unlikely, it could happen again, the inherent evil of polls suggesting a Biden landslide is that they could encourage some of us, even in battleground states, to stay home. If that happens, it is time to weep for America.

(John Dean is a Washington policy wonk, writer, blogger, and lover of nature, music, and Goldendoodles. This piece appeared on Medium.com. Photo: joebiden.com.) Prepped for CityWatch by Linda Abrams.

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Sixty Days of Chaos Will Follow Election Day - City Watch

Virginia Voters Approve Redistricting Reforms Reason.com – Reason

Virginia's state lawmakers won't be able to draw their own districts without some input from the public anymore.

Nearly two-thirds of Virginian voters approved Question 1, which establishes a bipartisan redistricting commission to redraw state and federal legislative districts after this year's census. Previously, the governor and the Virginia General Assembly handled the once-per-decade redistricting.

The new commission will include eight legislators and eight citizens, evenly split between Republicans and Democrats. Each new mapone for the state's congressional districts, one for the state Senate, and one for the state House of Delegatesrequires the approval of at least 12 commissioners, including six of the legislators and six of the citizens. The latter two types of districts also require a majority of the senators or delegates, respectively, to approve the proposed districts.

The change comes after a legal battle over the maps drawn in 2011, which federal courts ruled unconstitutional for packing black voters into specific congressional districts. The districts were redrawn by a special representative appointed by the courts.

Republicans proposed the redistricting commission after Democrats took control of the state government in 2018, but support for the initiative cuts across party lines. The Virginia Democratic Party and the Virginia Legislative Black Caucus were opposed to the amendment, but some prominent Democrats, such as former U.S. Attorney General Eric Holder, endorsed the proposal. So did Sen. Tim Kaine (DVa.) and several voting rights organizations, including the American Civil Liberties Union and the League of Women Voters.

This is part of a broader trend toward redistricting reform across the country. The Cook Political Report reports that there are already 125 congressional districts whose borders are drawn in either a nonpartisan or a bipartisan fashion, through similar commissions.

Those commissions have a mixed record when it comes to solving the self-interested problems of gerrymandering. Still, including the public in the process makes it less likely that lawmakers are picking their voters instead of the other way around.

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Virginia Voters Approve Redistricting Reforms Reason.com - Reason

These are the big law firms Trump and Biden could tap if the election ends up in court – Financial News

The tight presidential race between Democratic challenger Joe Biden and Republican incumbent Donald Trump looks like it could end up in the courtroom.

The Trump campaign filed lawsuits on 4 November in Georgia, Michigan and Pennsylvania over the counting of ballots, the start of what could be a prolonged legal brawl.

The close race, with neither side yet able to claim victory, could end up in the Supreme Court.The country's highest court determined the outcome of the 2000 election between George W Bush and Al Gore by ruling in Bushs favour.

Political law experts told Financial News that they expected to see ongoing legal challenges in states with close election counts over the next month.

Craig Engle, head of political law at Washington D.C. law firm Arent Fox, said he expected a messy state-by-state legal fight initially.

READForget Biden Blue Wave and Trump Train heres the real winner that will drive stocks

"Things are going to play out slowly, and differently in each state with parties probably arguing contradictory points depending on the state."

Elliot Berke, a political and election law lawyer for Berke Farah in Washington D.C., said: "We will continue to see a barrage of legal challenges in four or five states at least up until the Electoral College delegations meet on 14 December."

Both sides have already spent millions on major international law firms throughout the campaign and could spend millions more before the election is settled.

Team Trump

The law firm most closely associated with the Trump presidency is US M&A and litigation powerhouse Jones Day. The firm has billed the Trump campaign more than $4.5m during the current election cycle, according to analysis of federal data by the Center for Responsive Politics.

Jones Day has received payments of $13.3m during the current election cycle, including $3.5m from the Republican National Committee and $1.6m from the National Republican Senatorial Committee, the analysis shows.

Trump relied heavily on Jones Day for his 2016 campaign and appointed Jones Day partner Don McGahn as his top lawyer in the White House on his inauguration. McGahn in turn brought a string of Jones Day partners and lawyers into the administration.

READJPMorgan boss Dimon tells US staff to have faith in democracy

McGahn rejoined Jones Day in 2019 with reports that he had fallen out with Trump over his co-operation with The Mueller Report on the investigation into Russian interference with the 2016 presidential election.

Federal records show that other major law firms used by the Trump campaign include King & Spalding and Winston & Strawn.

Team Biden

Biden has turned to Washington DC-headquartered law firm Covington & Burling to act as his campaign counsel. Covington has billed the Biden campaign more than $800,000 already this year, according to Federal filings.

The firm is home to former attorney general Eric Holder who re-joined as a partner after his six years in the Obama White House.

Covington fields a 15-strong election and political law group that advises political and corporate clients on lobbying, campaign finance and government ethics issues.

The firm had revenue of nearly $1.2bn in 2019 and profit per equity partner of $1.8m, according to Am Law data.

READWhy Deutsche Bank has stopped shorting the US dollar following the tight presidential election

Seattle, Washington, law firm Perkins Coie could also play a role in any upcoming election litigation thanks to its role as counsel to the Democratic National Convention.

The firms political law group includes more than 50 lawyers and advises a range of companies, trade unions, PACs and Super PACs on political issues.

Its former head Bob Bauer is acting as a senior legal advisor to Biden and was formerly White House counsel to Obama.

Perkins Coie had revenue of $934m last year and profit per equity partner of nearly $1.4m, Am Law data showed.

To contact the author of this story with feedback or news, email James Booth

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These are the big law firms Trump and Biden could tap if the election ends up in court - Financial News

Who can and can’t vote in the 2020 US Election? – AS English

Just two days until Tuesday 3 November when voters will have their last chance to cast a vote in the 2020 US Election. President Donald Trump has made questioning the validity of the outcome, what votes should count and who can cast them a pilar of his campaign drawing accusations of trying to suppress the vote.

President Trump has been outspoken in his attacks on mail-in ballots with unsubstantiated claims that they are prone to fraud. Among his claims he has used an anecdote about a friend of his whose son had tragically passed away but received a voting card. More recently that votes for him in Philadelphia were thrown out. These tactics are not new to Trump, in the past he said illegal immigrants were pouring over the border to vote en masse for Hillary Clinton in 2016 and said busloads of out of state voters were driven to New Hampshire to cast illegal votes in 2016.

In previous elections Republican voters have taken advantage of mail-in ballots in larger numbers than their Democrat compatriots so Republican politicians seeing that it was suppressing their own voters tried belatedly to encourage the use of mail-in ballots. Michigans Secretary of State and Eric Holder have now advised against sending a ballot by mail as there is no longer enough time as Republicans in various states are fighting to block the counting of ballots postmarked before the election but that arrive after Election Day from being counted which has been a normal practice in some but not all the states.

Trump uses this strategy mostly to raise question marks if he loses but it also makes some people question their own right to vote. This muddying of the waters has been successful for Trump in the past and has led us to a post-truth world, nobody knowing what is actually true and what is a lie.

So who can vote in the presidential elections in 2020?

The best place to check is the government's own website. If you are 18 years old on or before election day, you can vote for the outcome of the presidential elections in 2020. In almost every state, you can register to vote before you turn 18 if you will be 18 by Election Day according to the government website. See a table of voter registration age requirements by state.

If you are homeless, you are allowed to vote. In all 50 of the United States, you can register to vote if you are experiencing homelessness.

Most states have some duration of residency requirements for voter registration for example, having resided for 30 days or more before the Election Day in the state or county. Contact your local elections officials to find out what the rules are in your state.

If you have a felony, you can't vote in some states but you should check your state's laws on this. Again, depending on the state, some people who ar mentally incapacitated are not allowed to vote. Check your state's laws on this issue. For example, in some states, you can not vote if you are declared an idiot or legally incompetent or legally insane.

You can also not vote if you are not a citizen of the United States even if you are a permanent legal resident.

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Who can and can't vote in the 2020 US Election? - AS English