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What will happen to Trump legal challenges after Biden transition formally begins?

2020-11-24 | 🔗
Trump administration authorizes Biden transition, vows lawsuits will go forward; reaction from constitutional law professor Jonathan Turley.
This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Brian president, Trump allowing Brian President Trump allowing President Elect Joe Bidens transition to modify forward while insisting his election legal challenges will prevail. Steve this after the Pennsylvania Supreme Court rejected his campaigns. Lawsuits calling for the dismissal of more than eight thousand absentee ballots in Allegheny County Ainsley here to discuss is George Washington LAW, Professor Jonathan Turley, good morning to you Jonathan, good morning, Ainsley. What does this mean when the GSA chief, Emily Murphy, tells Joe Biden? He can formally start the transition process? Dolls that mean she is acknowledging that he is going to be the president. No, it means that he has ascertained as the winner. These challenges will go forward. This has no impact on the president challenging the results in various states, even though those challenges are not going particularly well. He can continue along that line and he says that he will do so. What this does is allow the
Biden transition team to get not only federal funding but also resources to start the process, including FBI, background checks and coordinating with these different agencies, its the right thing to do its a responsible move to make sure that whoever is president, we will have a government ready to go in January in Pennsylvania, the judge rejected the president. Yesterday I looked at his protest about seven thousand ballots. Signatures missing addresses missing dates, missing Jonathan. I thought those are the things that judges stop. That would be pushed out. We always heard you make one mistake: thats the risk with mail in ballots, whats going on here. Well, the problem that the Trump campaign is facing is really two fold. First of all, they are not making a pass motion to dismiss
stage not getting access to additional evidence, biggest problem, the disconnect between the violations, and in some cases they have proven that votes were improperly handled or not counted and the relief where they were asking to stop stinks. That was the problem in the Pennsylvania earlier case. Judge said this is too much of a sticker shock. You are asking me to he said these voters made a case that their votes were in fact properly rejected. Instead of asking me to count their votes. You are asking me not to count the other votes. He says I wont do that. That seems to be the approach of most of the courts in these states, so they are facing this very uphill battle. Brian only thing I just say Jonathan there has got to be rules. If you make a mistake, the smartest person in the world can make a mistake, not sign the ballot not address the ballot, not put a date on the ballot. That ballot should be null and void.
Thats true, but these judges are also conveying look. We are not in this for recreation. You need to show us that you have enough ballots at issue here to change the outcome. Steve right, you need to give us a form of relief that doesnt disenfranchise everyone else. The Trump team is still struggling with that they say they have evidence that theyre still going to bring forward. Once again, as we said earlier, they are running out of runway Steve right. Jonathan lets talk a little bit about whats, going on in the world regarding covid in the common wealth of Kentucky there, the governor has ordered schools to do virtual classes, but now the attorney general is filing the restraining order against him because of essentially a religious question because he is trying to they are trying to keep the religious schools open. The attorney general Danielle Cammeron tweeted. Earlier this year, we issued guidance stating that closing religious schools during the pandemic would risk violating the U Dot S constitution
and state law as well in his latest school closure order, the guidance. As a result, we filed a lawsuit new federal court, challenging the governors order in person learning at religious schools. The ability to provide and receive religious education is one of the freedoms protected by the first amendment. So who is right? Well, this is a really interesting case. First of all, have you got the governor and the attorney general in the state at really loggerheads and both have very good arguments to Mangeght. The Kentucky governor just recently won a unanimous decision from the Kentucky Supreme Court, which was a huge blow to his critics, but the thing to remember about that is that opinion really dealt with his ability to issue pandemic orders. The court itself said that this largely focuses on property rights that are subject to a lower standard, called the rationale, interest test or
rational basis test, I should say, and what the attorney general is trying to do- is kick this into a higher level of scrutiny. The strict scrutiny standard, if it does, if he succeeds in doing that, then the governor is going to have quite a challenge on his hands, because the Kentucky attorney generals Brief is filled with references to scientific studies, the approach of other countries, the CDC all rejecting the closure of schools for young children. So he is actually citing the science as much as the law, so its going to depend a lot on this question of what the standard of review will be under strict scrutiny. They have its a very difficult standard to satisfy if the.
Transcript generated on 2020-11-24.