A man with ties to the Berkshires, billed to Congress and the nation as “the most prominent Republican lawyer” dealing with voting cases, said on Monday that the Trump campaign had failed completely to make its case. irregularities in the 2020 elections.
Attorney Benjamin L. Ginsberg was questioned for approximately seven minutes by a member of the House panel investigating the January 6, 2021, uprising at the United States Capitol. He then joined a CNN panel at 1:30 p.m. for a recap of the day’s topic.
“They didn’t accept defeat. And that’s a big part of the trauma the country continues to go through today,” he said on CNN. “In my mind, it’s not there yet as a criminal case.”
Ginsberg, who worked as a reporter for The Berkshire Eagle from 1975 to 1977, briefed the committee on the Trump campaign’s efforts to overturn President Joe Biden’s victory in November 2020.
In an exchange, U.S. Representative Zoe Lofgren, D-California, asked Ginsberg if a court had found merit in the campaign’s election fraud allegations.
“No, there never was that example,” Ginsberg said.
The following is a transcript of Ginsberg’s appearance before the panel:
Zoe Lofgren“We have a renowned legal expert here to deal with Trump campaign activities in court. Mr. Ginsberg, you have spent your entire career representing Republicans in election-related litigation. … I think it’s fair to say that you’re the most prominent Republican lawyer who has argued in the election field and you’ve analyzed the Trump campaign litigation quite carefully.
“What is the normal procedure for post-election litigation? How is the Trump campaign different from the kinds of post-election litigation you’ve been involved in and know about? »
Benjamin Ginsberg“In the normal course of things, any campaign on election night, and in the days after, will do a couple of different things. and they will send people to those ridings to ask more questions.
“Second, all campaigns will have poll workers and observers in the polling station. And so the campaigns will speak to these people [and ask] if they saw any irregularities that could cause problems in the election.
“Now the Trump campaign was talking before the election about having 50,000 poll workers, so presumably they had their eyes on the ground in all those places.
“And so, in the normal course of things, a campaign will analyze the reports that come in. The Trump campaign has had some basic problems, however.
“First, the 2020 elections were not close. In 2000, it was 537 [votes in Florida] and close. In this election, the narrowest margin was 10,000-something in Arizona, and you just don’t make up those kinds of numbers in recounts.
“And when the allegations of fraud and impropriety were made, you heard very compelling testimony from [former Trump campaign manager Bill] Stepien…about those claims and the fact that they didn’t believe that put the Trump campaign through some kind of a case filing process without the actual evidence that you need to have that the process is designed to bring out.
Zoe Lofgren“So are you aware of any case where a court has found the Trump campaign’s allegations of fraud to be credible?
Benjamin Ginsberg“No, there’s never been that instance. In all the cases that have been brought – I’ve looked at the over 60 that include over 180 counts – and no, the simple fact is that the Trump campaign did not make its case.
Zoe Lofgren“The select committee identified 62 post-election lawsuits filed by the Trump campaign and its allies between November 4, 2020 and January 6, 2021. These cases resulted in 61 casualties. … Despite those 61 casualties, President Trump and his allies say the courts refused to hear them — and as a result, they never had their day in court.
“Mr. Ginsburg, how about the claims that Mr. Trump didn’t have a chance to provide the evidence they had of voter fraud? [and] that they actually had their day in court?
Benjamin Ginsberg: “They’ve had their day in court. About half of those cases you mentioned were dismissed at the procedural stage for lack of standing [or]the right people didn’t bring the case or there wasn’t enough evidence and it was dismissed on motion to dismiss.
“There were discussions on the merits of the complaints and in no case did a court find that the accusations of fraud were real.
“It should also be noted that while the Trump campaign has complained that it has not had its day in court, there have been post-election reviews in each of the six battleground states that could have made the difference. [In] each of these instances, there was no credible evidence of fraud produced by the Trump campaign or its supporters.
Zoe Lofgren:Now, as Mr. Ginsberg explained, there are no instances where the Trump campaign was able to convince a court that there was widespread fraud or irregularities in the 2020 election.
“Time and time again, Democratic- and Republican-appointed judges have directly rebutted this false narrative. They decried the Trump campaign’s lack of evidence for its claims.
“And the judges have done this even in cases where they could have simply dismissed the lawsuit without writing a word.
“As we just heard from the most prominent Republican election lawyer in recent history, the Trump campaign’s unprecedented effort to overturn its election laws in court was a deeply damaging abuse of the judicial process. As United States District Court Judge David Carter said, it was “a coup in search of legal theory”.