Lawyer David Boies, who represented former Vice President Al Gore in the 2000 election campaign, told CNBC on Thursday that President Donald Trump’s efforts to question the election results have been unsuccessful.
When January 20th rolls around, President-elect Joe Biden will be sworn in, Boies said in an interview on Squawk Box. Trump has refused to allow the race to Biden, despite the fact that numerous media outlets, including NBC News, scheduled the election almost two weeks ago.
“There’s no way Trump can turn these election results on their head,” said Boies, chairman of the New York-based law firm Boies Schiller Flexner. He donated to Biden’s campaign.
Trump’s election campaign has led to a number of legal disputes related to the voting process or vote counting in major battlefield states. On Wednesday, she requested a partial recount to challenge Biden’s win in Wisconsin. And on Twitter, the president falsely claimed he won the election and, without producing any evidence, claimed that there was rampant electoral fraud in the United States.
The president also fired a senior federal cybersecurity officer who had repeatedly defended the integrity of the elections. And it wasn’t until Wednesday that White House press secretary Kayleigh McEnany referred to a “second Trump administration” in an appearance on Fox News as he discussed plans to combat the coronavirus pandemic.
The election results are pending and the electoral college has not yet officially cast its ballot papers. This vote is scheduled for December 14th.
Boies said he was confident that after inauguration day, Trump would no longer have a chance to stay in power.
“There is simply no way – no legal way, no political way and, as I said, certainly no military coup path – for President Trump to stay in office,” Boies said. People can continue to speculate about what might happen, Boies admitted. “But even the speculation ends with the same result, namely that President Biden … [inaugurated] Jan. 20 “
Boies defended Trump’s right to take electoral disputes to court, as did his one-time client Gore in the paper-thin 2000 elections. Challenges to the Florida results went to the US Supreme Court, which ultimately overturned a Florida Supreme Court ruling that ordered a recount of votes. Gore followed the handover of the presidential race to the then Texas Governor George W. Bush.
Boies said he was concerned about Trump’s efforts to make unfounded allegations of widespread fraud, describing them as an “unfortunate” attempt to undermine democracy. He recently co-authored a comment in the Washington Post with Bush’s attorney Theodore Olson claiming that there was a “clear result” in Biden’s favor.
The difference between Trump’s legal efforts in the 2020 election and the Bush Gore race, they wrote, is that in 2000 it had just over 500 votes in a single state. This time around, the margins are bigger in major swing states like Arizona and Michigan, according to Boies and Olson.
“Evidence of systemic or widespread fraud or miscounting in these states has simply not been found, and recounts rarely, if ever, change election results by more than a few hundred votes,” they wrote. “The sooner Trump and his supporters accept the election result, the better it will be for the nation,” added Boies and Olson.
The White House referred CNBC to the Trump campaign to comment on Boies’ remarks. In a statement to CNBC, Jenna Ellis, senior legal advisor to the Trump campaign, said that “her strategy continues to be to ensure that every legal vote is counted and every illegal vote is not.”
“We believe President Trump has a proven record of winning the election in this case,” Ellis said in a statement emailed. “Every American deserves confidence in our elections – those who voted for president and those who voted for Joe Biden.”