Catherine Cherkasky, Opinion contributor
Published 3:15 a.m. ET Jan. 8, 2021
Delusional claims of fraud — rejected again and again by the courts — will not be a distinction of opinion. They are a conspiracy to overthrow democracy.
The rioters in Washington, D.C. this week converged on the Capitol Building within the title of protesting “election fraud” — or so they say.
As a defense lawyer and a so-called right-leaning legal commentator on Fox News, I am very sensitive to claims of unfairness or illegality in our nation’s institutions and processes, particularly in our elections. In fact, I spend much of my private practice defending clients, in part, by pointing out the breakdown or failure of processes, and arguing why it should invalidate the charges against them. I am, you could say, highly sensitive to such possibilities.
In this case, however, these violent protests are not about a breakdown in the election process rendering the outcome invalid. They are about nothing more than the bruised ego of President Donald Trump, who lost an election then failed to present any tangible legal grounds upon which it should be reversed. This is not just me saying so. This is the Supreme Court, state election officials, the president’s own attorney general, and dozens upon dozens of other courts, many with judges appointed by President Trump himself. Legally speaking: The jig is up.
Attacking the foundation of democracy
I firmly believe it is not only permissible but necessary to challenge questionable election results at any level that could involve fraud, error, or other unlawful actions. Needless to say, it is a fundamental principle of Americanism that we should feel secure in our elections and trust the outcomes. This may mean in some cases that court challenges to elections are absolutely valid. Does this mean, however, that every election must be absolutely perfect and go off without a hitch? Of course not. And the law is not so unforgiving.
Recent public discourse leads me to believe that for some Americans, there is a serious disconnect between the idea of an isolated instance of “voter fraud” and the idea that this implies the complete election must be invalidated. While this can be the desire of some, it’s merely not the state of the legislation. This is largely why President Trump’s lawsuits relating to the election had been dismissed one after one other.
There was merely not adequate proof introduced to maintain the allegations made in a courtroom of legislation in a way or a amount that will impression the result of the elections, even when these remoted incidents had been true. To this present day, Trump supporters can nonetheless be heard inexplicably crying out for “investigations” of alleged election fraud, making it clear that no investigation will fulfill them — solely their desired final result, which is supported by neither the votes nor the legislation.
Given the latest, prolonged assessment of the election processes by all of those courts and different entities, it’s apparent that President Trump and people who proceed to promulgate the baseless claims of a “stolen election” will not be doing so within the title of a authorized problem. They are doing so within the title of attacking the muse of our democracy — seeking an outcome that was not chosen by the individuals.
Once the courts rejected his election challenges, President Trump moved on to making an attempt to stress the Georgia Secretary of State to “find” votes in his favor then — unbelievably — to pressuring his own Vice President to unilaterally name the election in his favor,