On Tuesday, U.S. District Judge Mark Cohen of the Northern District of Georgia rejected a lawsuit from the Trump team in which the president sought the decertification of the election outcome in the state, where Biden won. Trump’s team wanted the state legislature (or members of Congress) to select new members of the electoral college for the state, despite the fact that all certified members of the electoral college, including those representing Georgia, have long since cast their official votes. Congress is scheduled to meet and certify the electoral college outcome on Wednesday — the day after Cohen rejected Trump’s lawsuit.
Of course, there’s no particular indication that Trump will let up with his relentless crusade against the election outcome after Congress certifies the electoral college outcome on Wednesday. Despite the fact that a significant number of Republicans have indicated plans to object to Biden’s clearly documented election victory, throwing out any electoral votes would require the agreement of majorities of both houses of Congress, and Democrats currently lead the House.
Trump’s newly rejected Georgia lawsuit named Governor Brian Kemp and Secretary of State Brad Raffensperger, both of whom are Republicans, as defendants. Trump has repeatedly targeted both officials in public criticism, claiming that they’re complicit in the imaginary election-rigging scheme that Trump delusionally claims robbed him of his victory.
Raffensperger and Kemp’s attorneys responded to this recent Trump lawsuit by noting that Georgia’s presidential election is long over, commenting as follows:
‘The election, certification, and casting of ballots are final and over. The matter is now before Congress as set forth in 3 U.S.C. § 15 to count the certified votes. Georgia has completely complied with all requirements under the United States Constitution, federal and state election law. Moreover, Plaintiff’s allegation that he has been injured because his election contest has not yet been heard in state court is also not the result of any action by the Defendants. Defendants complied with their statutory obligations to certify the presidential electors in a timely manner. Any delay in the hearing of Plaintiff’s election contest was caused by Plaintiff’s own dilatory actions in pursuing his claim and his improvidently-filed appeal.’
Cohen appears to have agreed with the idea that Trump’s lawsuit emerged far too late to have any meaningful impact, although there’s no immediate indication that Cohen would have ruled in the Trump team’s favor if they had brought their lawsuit at an earlier point.
Cohen clarifies that after certification of electoral college slate (the electors themselves), only congress can act. Again, the challenge is now too late.
— dr. mondilator, esq. (@mondilator) January 5, 2021