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                                                                                                 u.s. news Diasabra 24 OctOber 2020

                          Trump, Biden lawyer up, brace for White House legal battle



              (AP)  -  President  Don-   Biden  campaign's  election
            ald  Trump's  and  Demo-     protection  program  includes
            cratic  rival  Joe  Biden's  a  special  national  litigation
            campaigns are assembling  team  involving  hundreds  of
            armies  of  powerful  law-   lawyers  led  by  Walter  Del-
            yers  for  the  possibility  linger, acting solicitor general
            that the race for the White  in  the  Clinton  administra-
            House  is  decided  not  at  tion,  and  Donald  Verrilli,  a
            the ballot box but in court.  solicitor general under Presi-
                                         dent  Barack  Obama,  among
            They have been engaging in  others.  Bob  Bauer,  a  former
            a  lawyer's  version  of  table-  White  House  counsel  to
            top war games, churning out  Obama, and Biden campaign
            draft  pleadings,  briefs  and  general counsel Dana Remus
            memos  to  cover  scenarios  are focused on protecting the
            that  read  like  the  stuff  of  a  rights  of  voters,  who  have
            law school hypothetical more  been  enduring  long  lines  at
            than a real-life case in a de-  polling  places  around  the
            mocracy.                     country on the belief that the
                                         presidential  election  will  be
            Attorneys  for  the  Republi-  decided by their ballots.
            cans  and  the  Democrats  are
            already  clashing  in  courts  Both  sides  are  informed  by
            across the U.S. over mailed-  the  experience  of  the  2000
            in ballot deadlines and other  election, which was ultimate-
            issues  brought  on  by  the  ly  decided  by  the  Supreme  The  race  is  already  thought  sands  of  volunteer  lawyers  and has become a bête noire
            coronavirus  pandemic.  And  Court  in  Bush  v.  Gore.  But  to  be  the  most  litigated  in  are  prepared  to  assist  with  of Republicans.
            as Trump tries to sow doubt  this  year,  because  Trump  American history, with some  Election Day operations and
            in the legitimacy of the Nov.  has  pushed  unsubstantiated  260 lawsuits arising from the  poll  watching  and  other  is-  “When  Democrats  want  to
            3  election,  both  sides  have  claims about the potential for  coronavirus by one tally.  sues, Riemer said.      tilt  elections  in  their  favor
            built  massive  legal  opera-  voter  fraud  with  increased                           A  group  called  Lawyers  for  outside  the  ballot  box,  who
            tions  readying  for  a  bitterly  voting by mail, sowing doubt  Behind  the  scenes,  Trump  Trump, whose advisory board  do they call? Marc Elias and
            disputed race that lands at the  about the integrity of the re-  and  Republicans  have  been  includes Texas Attorney Gen-  Perkins Coie,” an RNC web-
            Supreme Court                sult, lawyers are preparing for  putting together a legal team  eral  Ken  Paxton  and  Trump  site says.
            “We’ve  been  preparing  for  a return trip before the high  that  includes  Jay  Sekulow,  attorney  Rudy  Giuliani,  is  Republicans accuse Elias and
            this  for  well  over  a  year,"  court.                  one of the president’s lead at-  recruiting retired lawyers and  Democrats  of  trying  to  use
            Republican  National  Com-                                torneys during the impeach-  law  students.  Jones  Day  is  the coronavirus pandemic to
            mittee Chief Counsel Justin  And, in an extraordinary twist,  ment  trial  and  the  special  among the prominent global  rig the election by doing away
            Riemer  told  The  Associated  the president has pushed for  counsel’s Russia investigation  law  firms  expected  to  play  with safeguards against fraud.
            Press.                       his nominee to the Supreme  and  an  experienced  litigator  a  role.  Attorney  Will  Con-
                                         Court,  Judge  Amy  Coney  before  the  Supreme  Court.  sovoy,  who  has  represented  Elias  and  his  team  at  have
            "We’ve  been  working  with  Barrett, to be seated as soon  Republicans have hired doz-  Trump  in  such  cases  as  his  filed lawsuits seeking to force
            the  campaign  on  our  strat-  as possible if she is confirmed  ens of attorneys and retained  long-running fight to prevent  states  to  extend  mailed-in
            egy  for  recount  preparation,  as expected on Monday, say-  prominent  national  firms  to  a  top  New  York  prosecutor  ballot  collection  deadlines
            for  Election  Day  operations  ing  it's  important  to  have  a  challenge Democratic efforts  from getting his tax returns,  and  other  things.  In  one
            and  our  litigation  strategy.”  ninth  justice  to  decide  any  to expand ballot access in key  is also likely to be a key player  case, the Supreme Court this
            On the Democratic side, the  election disputes.           battleground   states.Thou-  in any election legal fights.  week  allowed  Pennsylvania
                                                                                                                                to count mailed-in ballots re-
                                                                                                   Riemer said it’s not as though  ceived up to three days after
                                                                                                   the party is going to call up a  the Nov. 3 election, rejecting
                                                                                                   random attorney on Election  a Republican bid to block the
                                                                                                   Day  and  say,  "Hey,  are  you  extension.
                                                                                                   busy? Do you want to litigate
                                                                                                   a recount?”                  Elias has long been the pub-
                                                                                                   That’s  close  to  what  hap-  lic  face  of  Democratic  legal
                                                                                                   pened  in  2000.  Barry  Rich-  contests,  serving  as  general
                                                                                                   ard, who represented Bush in  counsel  to  Hillary  Clinton’s
                                                                                                   the 2000 Florida recount, got  campaign  in  2016  and  John
                                                                                                   a  call  the  morning  after  the  Kerry’s  in  2004.  He  pushes
                                                                                                   election  asking  if  he  could  regular updates about devel-
                                                                                                   help and had to scramble to  opments  in  his  lawsuits  to
                                                                                                   quickly pull a team together,  nearly  150,000  followers  on
                                                                                                   he said.                     Twitter,  as  well  as  guidance
                                                                                                                                for voting and the occasional
                                                                                                   “Things were much different  jibe  at  the  president  and  his
                                                                                                   then.  We  had  no  history  of  Republican counterparts.
                                                                                                   candidates  lawyering  up  for
                                                                                                   presidential  elections,  so  ev-  “Being  called  a  ‘partisan
                                                                                                   erything hit the fan the night  hack’ by a lawyer for Donald
                                                                                                   of  election  night,”  Richard  Trump is a badge of honor I
                                                                                                   said.                        will wear proudly for a life-
                                                                                                   Another  team  that's  fighting  time,”  he  wrote  in  a  tweet
                                                                                                   voter  access  issues  in  courts  this week.
                                                                                                   across the country is headed
                                                                                                   by well-known election law-  But lawyers on both sides say
                                                                                                   yer Marc Elias of the law firm  they are preparing to be ready
                                                                                                   Perkins Coie, who is promi-  for  much  more  than  a  fight
                                                                                                   nent  in  Democratic  circles  on Twitter.
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