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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.