I’m sympathetic to POTUS’s right to challenge results, and need to demonstrate to over 71M Trump voters that election was valid. What I object to is presumption that massive fraud occurred. 1/15
I expect fraud, which always happens to some degree. Here, it’s an extraordinary concern given the unprecedented use of mail and Dems’ infuriating resistance to all measures that would shore up election integrity.2/15
So I am open-minded. There is already evidence of fraud and disparate treatment. Contrary to what some say, acknowledging that there is *evidence* is not the same as saying there’s *dispositive proof*. 3/15
There is no crisis of the regime. Most elections are not disputed, so we don’t notice that there is always a legal process that attends the announcement of a winner on Election Night. But states always canvass and have to certify a winner by mid-December. 4/15
Our law anticipates that there will be challenges and they’ll be sorted out in this 5-6 week period. If there are disputed results in states and the overall election is close, that’s what happens. That’s fine ... there’s plenty of time. 5/15
But it is not in our tradition to assume irregularities or, especially, criminal fraud. That doesn’t mean it couldn’t have happened. And where there are colorable allegations, they need to be investigated and, if appropriate, litigated. 6/15
But our constitutional and historical tradition is to assume innocence. We presume regularity. That can be overcome by convincing evidence, but unless and until that quantum of evidence materializes, we should assume the states’ reported results are the legitimate results. 7/15
This does not prejudice the president. He has every right to challenge the results and proffer evidence of fraud. But unless and until fraud is convincingly approved on a massive scale across multiple states, we must presume the reported outcome is the legit outcome. 8/15
I presume Joe Biden is President-elect, which is why I’ve called him ‘presumptive President-elect’ in columns. Until the president concedes, and as long as there are colorable challenges, that is fine. 9/15
It acknowledges that he is likely to be our next president, but that legal processes that we all respect have not yet run their course. 10/15
As a show of national unity, I’d propose 2 things. First, the president should treat Vice President Biden as the presumptive President-elect. The transition should begin, and the Trump administration should patriotically help the likely Biden administration get up to speed. 11/15
Second, presumptive President-elect Biden, without forfeiting any of his legal rights, should assist the expeditious resolution of court challenges — and should explain to the public that he is doing so to satisfy the 71M Trump voters that the election result is valid. 12/15
To wrest the presidency from Biden, Trump really needs to flip Pennsylvania and at least two other states. To say this is highly unlikely understates the matter, but it is not impossible, so we should respect the Trump team’s right to challenge. 13/15
But it is in America’s interest that the Biden team have meaningful support from the Trump admin and Trump supporters in setting up a government. 14/15
Presumptive President-elect Biden says he wants to be president of the whole country, including we tens of millions of Americans who voted against him. We need to hold him to that, but we also need to make it possible for him to keep his word. 15/15-end.
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