Trump’s Lawsuits and the Curious Incident of the Dog in the Night

Fiction Writers and Lawyers

First of all, here’s the thing, as our future President likes to say. If you are a fiction writer, it’s fine to make shit up. That is, in fact, the point of the exercise.

If, however, you are a lawyer and if you are crafting a lawsuit. you need two things. First of all, you need a viable legal theory (for example, “my client suffered physical injury due to the defendant’s negligent driving”). Secondly, you need some facts to support your theory. Thus, it’s a fatal flaw if your client did not actually suffer any physical injury, or if the defendant was not in fact  the person driving the car.

Trump’s Legal Theory

The legal theory espoused by Trump—who did not attend law school—in his infamous 2 AM speech is that, no matter what state law provides, counting the votes must stop on election night. He failed to cite any legal precedent for this theory.

The Actual Trump Lawsuits: An Overview

The central Trump legal theory is the dog that did not bark in the night.

How many Trump lawsuits are based on the legal theory that Trump has espoused?

The answer is none, zilch, nada, bupkus.

The Actual Trump Lawsuits as of This Morning: A Closer Look

Trump has demanded a recount in Wisconsin. Whoopty-do! He has a legal right to demand a recount. They will do a recount.

In other cases, his ace legal team, led by Rudy Giuliani, who used to be a good lawyer, has picked away—going straight for the capillary, not the jugular. I am in debt to Amelia Thomson-Deveaux for the following summary:


The Trump campaign and other Republicans have filed multiple lawsuits in Pennsylvania, claiming various kinds of election-related irregularities:



    • The Trump campaign and the Georgia GOP filed a lawsuitasking a judge in Chatham County to make sure that late-arriving ballots are being properly segregated from on-time ballots. (In Georgia, ballots must be received by 7 p.m. on Election Day to count.) The campaignclaims that the countymight be mishandling ballots, but this appears to be based on a single allegation from a Republican poll observer involving a small number of ballots. In any case, the lawsuit isn’t seeking to stop on-time ballots from being counted.