Trump lawsuits unlikely to impact outcome of U.S. election, experts say

By Tom Hals

WILMINGTON, Del. (Reuters) – President Donald Trump called in his lawyers to shore up his dimming re-election prospects, but legal experts said the flurry of lawsuits had little chance of changing the outcome but might cast doubt on the process.

As Trump’s paths to victory narrowed, his campaign on Thursday was ramping up legal challenges and said it was planning to file its latest case in Nevada.

On Wednesday, the campaign sued in Michigan, Pennsylvania and Georgia and asked to join a pending case at the U.S. Supreme Court.

Experts said the litigation serves to drag out the vote count and postpone major media from declaring Biden the victor, which would have dire political implications for Trump.

“The current legal maneuvering is mainly a way for the Trump campaign to try to extend the ball game in the long-shot hope that some serious anomaly will emerge,” said Robert Yablon, a professor at the University of Wisconsin-Madison Law School. “As of now, we haven’t seen any indication of systematic irregularities in the vote count.”

Trump campaign manager Bill Stepien said in a statement Wednesday the lawsuits were aimed at ensuring legal votes were counted.

“The lawsuits are meritless,” said Bob Bauer, who is part of Biden’s legal team. “They’re intended to give the Trump campaign the opportunity to argue the vote count should stop. It is not going to stop.”

Ultimately, for the lawsuits to have an impact, the race would have to hang on the outcome of one or two states separated by a few thousand votes, according to experts.

In Michigan and Pennsylvania, Trump asked courts to temporarily halt the vote counts because the campaign’s observers were allegedly denied access to the counting process.

The Michigan case was dismissed on Thursday but a Pennsylvania court ordered that Trump campaign observers be granted better access to counting process in Philadelphia.

At the Supreme Court, the campaign is seeking to invalidate mail-in votes in Pennsylvania that are postmarked by Election Day but arrive by the end of Friday.

In Georgia, the Trump campaign asked a judge to require Chatham County to separate late-arriving ballots to ensure they were not counted, but the case was dismissed on Thursday.

“There is no consistent strategy there,” said Jessica Levinson, a professor at Loyola Law School in Los Angeles. She said the campaign was “throwing theories at a wall to see if anything sticks for long enough to muck up the waters.”

Edward Foley, who specializes in election law at the Moritz College of Law, said the cases might have merit but only affected a small number of ballots and procedural issues.

“But merit in that sense is very different from having the kind of consequence that Bush v. Gore did in 2000,” said Foley.

In that case, the Supreme Court reversed a ruling by Florida’s top court that had ordered a manual recount and prompted Democrat Al Gore to concede the election to Republican George W. Bush.

The 2000 election improbably close, with a margin of 537 votes in Florida deciding the outcome.

The campaign is still challenging late arriving mail-in ballots in Pennsylvania, which according to media reports numbered in the hundreds so far, likely too few to have a meaningful impact.

In addition, it appears increasingly likely Biden can win the race even if he loses the state.

Danielle Lang, who advocates for voting rights at Campaign Legal Center, said Trump has a long history of attempting to whip up mistrust in our electoral system.

“Allegations of ‘irregularities’ — backed up by lawsuits, even frivolous ones — could potentially serve that narrative,” she said.

Experts said the lawsuits and claims of fraud might be aimed at softening the sting of being bounced from office by calling the process into question.

“The litigation looks more like an effort to allow Trump to continue rhetorically attempting to delegitimize an electoral loss,” said Joshua Geltzer, a professor at Georgetown Law’s Institute for Constitutional Advocacy & Protection.

(Reporting by Tom Hals in Wilmington, Delaware; Editing by Noeleen Walder and Aurora Ellis)

Trump and Biden protesters duel outside vote-counting centers in cliffhanger election

By Mimi Dwyer and Joseph Tanfani

PHOENIX/PHILADELPHIA (Reuters) – Backers of President Donald Trump, some carrying guns, ramped up demonstrations on Thursday night against what he has baselessly called a rigged election, in battleground states where votes were still being counted.

The demonstrations were largely peaceful, although Trump supporters occasionally shouted with counter protesters. Trump says the election is being stolen but there has been no evidence of fraud.

In Arizona, one of the closely contested states in the too-close-to-call race between Trump and Democratic challenger Joe Biden, Trump and Biden supporters briefly scuffled outside the Maricopa County Elections Department in Phoenix.

Several heavily armed right-wing groups assembled on the site as election workers counted votes inside, but the protests remained mostly peaceful despite mounting tension.

Local election officials continued to tabulate ballots across the country, in some cases processing an unprecedented number of mail-in ballots that accumulated as a preferred voting option during the coronavirus pandemic.

In Philadelphia, police said they arrested one man and seized a weapon as part of an investigation into a purported plot to attack the city’s Pennsylvania Convention Center, where votes were being counted.

But otherwise the scene in Philadelphia was less confrontational – festive, even – where pro-Trump and pro-Biden demonstrators were separated by waist-high portable barriers under a strong police presence.

With the future of the presidency in the balance, restive encounters also unfolded in New York and Washington as well as swing-state cities such as Milwaukee, Wisconsin; Las Vegas, Nevada; Detroit, Michigan; and Atlanta, Georgia.

On the internet, Facebook removed a fast-growing group in which Trump supporters posted violent rhetoric, as it and other social media companies tackled baseless claims and potential violence.

Trump supporters took their cue from the president, who has repeatedly and falsely claimed that mail-in votes are especially prone to fraud.

In Phoenix, Trump supporters briefly chased a man who held up a sign depicting the president as a Nazi pig behind a stage where right-wing conspiracy theorist Alex Jones was speaking.

Police intervened and broke up the altercation after the man and his small group of counterdemonstrators were surrounded by Trump activists.

“They are trying to steal the election but America knows what happened and it’s fighting back,” Jones told the throng of some 300 people.

PHILADELPHIA FREEDOM

As mail-in ballots in Pennsylvania cut into Trump’s lead, Philadelphia demonstrators danced. Two people wearing postal box costumes bounced to pulsating music while carrying a banner that read, “The battle isn’t over.” Others, backed by a live drum corps, marched behind the sign, “Union members fight to count every vote.”

Trump activists waved flags and carried signs saying, “Vote stops on Election Day,” and “Sorry, polls are closed.” Biden backers showed their support for the civil servants who were at work inside.

“We can’t allow the ballot counters to be intimidated,” said Bob Posuney, 70, a retired social worker. “We’re not going to create a disturbance, or get anybody hurt.”

In Milwaukee, some 50 Trump supporters gathered for a “Stop the Steal” rally in front of a city building where votes were being counted, blasting country music, waving flags and carrying signs reading “Recount” and “Rigged”.

At least one man had a gun in holster.

Roughly a dozen counter protesters arrived later, shouting “Black lives matter” and “say their names,” referring to victims of police brutality. Others threw eggs at the Trump supporters from a passing car.

“My country’s future is what brings me out here tonight,” said Mitchell Landgraf, a 21-year-old construction worker who cast his first vote in a presidential election for Trump. “I’m afraid if it goes one way that this country will go downhill fast.”

At least 400 protesters gathered outside the Clark County Election Department in Las Vegas. Loud patriotic anthems blared over speakers as people waved giant Trump and American flags.

In Detroit, a Black Trump supporter and a Black Democratic supporter faced off for a yelling match. Earlier, police tried to separate Black Lives Matter-aligned protesters from the Trump group but soon relented, allowing them to mingle and shout at each other.

One woman carrying a holstered pistol she said she represented the Michigan Home Guard, a right-wing militia.

“I’m not going to violently burn the city down, but I’m going to continue to fight for election integrity,” said Michelle Gregoire, 29, in a state where election returns showed Trump with a lead on election night that turned into a Biden victory on Wednesday. “It’s not OK what they’re doing in there.”

(Reporting by Mimi Dwywer in Phoenix, Joseph Tanfani in Philadelphia, Nathan Layne in Harrisburg, Pennsylvania, Maria Caspani and Jonathan Allen in New York, Katanga Johnson in Atlanta, Brad Brooks in Las Vegas, Gabriella Borter in Milwaukee, Michael Martina in Detroit, Dan Whitcomb in Los Angeles and Kanishka Singh in Bengaluru; Writing by Daniel Trotta; Editing by Peter Graff)

Which states could tip U.S. election and when will they report results?

(Reuters) – Democratic candidate Joe Biden’s margins over Republican President Donald Trump in Pennsylvania and Georgia grew on Friday, as the vote counts in five battleground states trickled in.

To capture the White House, a candidate must amass at least 270 votes in the Electoral College. Edison Research gave Biden a 253-214 lead over the incumbent.

Here is the state of play in the five states. The vote counts are supplied by Edison Research.

PENNSYLVANIA (20 electoral votes)

Biden has a lead of 13,558 votes, or a 0.2 percentage point margin, as of 2 p.m. ET (1900 GMT) Friday, with 96% of the estimated vote counted. Under Pennsylvania law, a recount is automatic if the margin of victory is less than or equal to 0.5 percentage point of the total vote.

In Philadelphia, the state’s largest city, about 40,000 ballots remained to be counted, the majority of them provisional and military ballots, according to Pennsylvania’s election commissioner, who said the final count could take several days.

Friday is the last day that Pennsylvania can accept mail-in ballots postmarked on or before Election Day.

GEORGIA (16 electoral votes)

Biden is ahead of Trump by 1,554 votes as of 2 p.m. ET (1900 GMT) Friday, with 99% of votes counted according to Edison. Trump needs both Pennsylvania and Georgia to win a second term.

Brad Raffensperger, Georgia’s secretary of state, said he expects the margin to be just a few thousand votes, which would trigger an automatic recount. A recount must wait until Georgia’s results are certified, expected on or before Nov. 20.

About 9,000 military and overseas ballots were still outstanding and could be accepted if they arrive on Friday as long as they were postmarked Tuesday or earlier.

ARIZONA (11 electoral votes)

Biden has 50.0% versus Trump at 48.6%, a lead of 43,779 votes, with 93.0% of the expected vote tallied as of 2 p.m. (1900 GMT).

Maricopa County, which includes heavily populated Phoenix, has 142,000 early ballots left to count, as well as some provisional ballots. Biden has a 3.2 percentage point lead in the county, with 92.2% of the estimated vote counted.

The majority of Maricopa’s votes could be tallied as soon as Saturday, said Megan Gilbertson, the communications director for the county’s elections department.

NEVADA (6 electoral votes)

Biden led Trump by 20,137 votes, or 1.6 percentage points, with about 8% of the vote left to be counted.

The state’s biggest county, Clark, which includes Las Vegas, has 63,000 ballots remaining to be counted. The next update of the vote count is expected at around 7 p.m. ET (0000 GMT) and the majority of mail-in ballots is expected to be counted by Sunday.

NORTH CAROLINA (15 electoral votes)

Trump led by 76,737 votes, or 1.4 points, with about 5% of the vote left to counted.

State officials have said a full result would not be known until next week. The state allows mail-in ballots postmarked by Tuesday to be counted if they are received by Nov. 12.

(Reporting by Leela de Kretser and Tiffany Wu; Editing by David Clarke and Leslie Adler)

Philadelphia police probe alleged plot to attack vote counting venue

By Kanishka Singh

(Reuters) – Philadelphia police said on Friday they were investigating an alleged plot to attack the city’s Pennsylvania Convention Center, where votes from the hotly contested U.S. presidential election were being counted.

Local police received a tip about a Hummer truck with people armed with firearms driving toward the vote counting venue late on Thursday, a Philadelphia Police spokesman said in an emailed statement.

Police arrested two men and seized their firearms as well as the Hummer truck about which they had received the tip, the spokesman said, adding the probe was being conducted by the police and the FBI.

“The males acknowledged that the silver Hummer was their vehicle, and an additional firearm was recovered from the inside the Hummer,” the spokesman added.

No injuries were reported and no further details about the alleged plot were disclosed.

Video footage broadcast by Action News, an ABC affiliate, showed a number of police officials at the scene late in the night.

On Thursday, supporters of both Republican President Donald Trump and Democratic challenger Joe Biden held rallies in Philadelphia as election staffers slowly counted thousands of mail-in ballots that could decide Pennsylvania’s crucial 20 Electoral College votes.

A state appellate court ruled on Thursday that more Republican observers could enter the building in Philadelphia where poll workers were counting ballots.

The U.S. Postal Service said about 1,700 ballots had been identified in Pennsylvania at processing facilities during two sweeps late on Thursday and were being delivered to election officials.

Trump has said repeatedly without evidence that mail-in votes are prone to fraud, although election experts say that is rare in U.S. elections.

A federal judge in Philadelphia denied an emergency request from Trump’s campaign to stop ballot counting in Philadelphia so long as Republican observers were not present. The campaign had sued Philadelphia County’s Board of Elections on Thursday to seek an emergency injunction.

(Reporting by Kanishka Singh in Bengaluru; Editing by Lincoln Feast and Jonathan Oatis)

Trump campaign loses lawsuit seeking to halt Michigan vote count

By Jan Wolfe

(Reuters) – A judge in Michigan on Thursday tossed out a lawsuit brought by U.S. President Donald Trump’s campaign in hopes of halting vote-counting in the battleground state.

Democratic presidential candidate Joe Biden is the projected winner in Michigan, which Trump, a Republican, carried in 2016.

Michigan Court of Claims Judge Cynthia Stephens made the ruling during a court hearing on Thursday. She said she planned to issue a written ruling on Friday.

Campaign officials for Trump have said they filed the suit to stop the counting in Michigan and gain greater access to the tabulation process. A Trump campaign spokeswoman did not immediately respond to requests for comment.

The lawsuit was a “messaging exercise,” said Bob Bauer, senior adviser on Biden’s campaign.

“It has no other purpose than to confuse the public about what’s taking place and to support their baseless claims of irregularity,” Bauer said in a call with reporters.

Nationally, Biden inched closer to victory on Thursday in an exceedingly close U.S. election hinging on razor-thin margins in a handful of states.

Trump has launched a flurry of lawsuits across the country.

In another setback for Trump on Thursday, a judge in Georgia denied a request by his campaign for an order requiring Chatham County to separate and secure late-arriving ballots to ensure they are not counted.

In Michigan, Trump campaign lawyers had requested an order directing Secretary of State Jocelyn Benson to require “meaningful access” for campaign poll watchers to the counting of ballots, plus access to surveillance videotapes of ballot drop boxes.

Judge Stephens said it was local election officials who were for the most part able to deliver the relief requested by the campaign.

“The relief that is being requested is in substantial part unavailable through the Secretary of State,” Stephens said.

Regarding the request for access to videotapes, there was “no basis to find that there is a substantial likelihood of success on the merits,” the judge added.

(Reporting by Jan Wolfe and Karen Freifeld, Editing by Franklin Paul, Diane Craft, Sonya Hepinstall and Cynthia Osterman)

In cities across U.S., dueling protests sprout up as vote-counting drags on

By Nathan Layne, Maria Caspani and Katanga Johnson

HARRISBURG, Pa. (Reuters) – A second day of sometimes dueling demonstrations over the integrity of the U.S. presidential election started early on Thursday in Philadelphia and other cities as ballot counting dragged on in a handful of states that would decide the outcome.

Some groups, mainly Democrats, rallied around the slogan to “count every vote,” believing a complete tally would show former Vice President Joe Biden had beaten Republican President Donald Trump.

Ardent Trump supporters countered with cries to “protect the vote” in support of his campaign’s efforts to have some categories of ballots, including some votes submitted by mail, discarded.

Both factions appeared outside a vote-counting center in Philadelphia on Thursday morning. A group of Trump supporters holding Trump-Pence flags and signs saying “vote stops on Election Day” gathered across the street from Biden supporters who danced to music behind a barricade. Similar rallies were planned later in the day in Harrisburg, Pennsylvania’s capital.

Scott Presler, a pro-Trump activist, said he organized the “Stop the Steal” rally in Harrisburg to ensure that only legal ballots are counted.

“I want to bring national attention for people to take action, for them to call their state legislators,” Presler said in a phone interview while en route to Harrisburg. “I want them to demonstrate and show up in force, that we are not going to allow this election to be stolen by any fraudulent ballots.”

In Washington, a procession of cars and bicycles, sponsored by activists from a group called Shutdown DC, paraded slowly through the streets of the capital to protest “an attack on the democratic process” by Trump and his “enablers,” according to its website.

Most demonstrations in cities around the country have been peaceful and small — sometimes amounting only to a few dozen people with signs standing in a city center — as Biden’s path to victory looks a bit more assured than Trump’s, even though either outcome remains possible.

On Wednesday, a few demonstrations led to clashes with police. The demonstrations were triggered in part by Trump’s comments following Tuesday’s Election Day in which he demanded that vote counting stop and made unsubstantiated, conspiratorial claims about voter fraud.

Police in New York City, Denver, Minneapolis and Portland, Oregon, all reported they had arrested some protesters, often on charges of blocking traffic or similar misdemeanors.

On the second floor of Atlanta’s State Farm Arena, county election officials sat at six tables steadily processing a few thousand remaining mail-in ballots on Thursday morning, some pausing only to order coffee.

Some Republican and Democratic ballot-counting watchers took notes as officials sorted each batch of 400 ballots one by one, ensuring signatures matched between envelopes and ballots.

Hoping to avoid Election Day crowds during the coronavirus pandemic, more than 100 million Americans submitted ballots during early voting this year, a record-breaking number.

The counting in Atlanta was far calmer than in Phoenix where a crowd of Trump supporters, some armed with rifles and handguns, gathered outside a counting center on Wednesday after unsubstantiated rumors that Trump votes were deliberately not being counted.

(Reporting by Nathan Layne in Harrisburg, Pennsylvania; Maria Caspani in New York; Katanga Johnson in Atlanta; Additional reporting by Kanishka Singh in Bengaluru and Michael Martina in Detroit; Writing by Jonathan Allen; Editing by Simon Cameron-Moore, Peter Graff and Jonathan Oatis)

Exclusive: WHO-led COVID drug scheme doubles down on antibodies, steroids and shuns remdesivir

By Francesco Guarascio

BRUSSELS (Reuters) – A World Health Organization-led scheme to supply COVID-19 drugs to poor countries is betting on experimental monoclonal antibody treatments and steroids but is shunning Gilead’s remdesivir blockbuster therapy, an internal document shows.

The WHO draft document, seen by Reuters and dated Oct. 30, says the priorities are to secure monoclonal antibodies in a tight market and to boost purchases and distribution of cheap steroid dexamethasone, of which it has already booked nearly 3 million courses of treatment for poorer countries.

Monoclonal antibodies are manufactured copies of antibodies created by the body to fight an infection.

The paper, which for the first time outlines how the scheme would spend donors’ money, does not cite remdesivir among priority drugs – a significant omission as the antiviral is the only other medication alongside dexamethasone approved across the world for treating COVID-19.

Gilead Science, the U.S. company that developed remdesivir, said the WHO scheme had not funded its COVID-19 trials and had never approached the firm for the possible inclusion of the drug in its portfolio.

The drug-supply scheme is one of the four pillars of the so-called ACT Accelerator, a WHO-led project which also seeks to secure COVID-19 vaccines, diagnostics and protective gear for poorer countries by raising more than $38 billion by the beginning of 2022.

“Immediate priorities for the (therapeutics) pillar are intensifying efforts on monoclonal antibodies while scaling up dexamethasone use,” says the WHO document, still subject to changes and expected to be published on Friday or next week.

The drug-supply scheme, co-led by the Wellcome Trust, a charity, and Unitaid, a health partnership hosted by the WHO, urgently needs $6.1 billion, $750 million of which by February, out of a total ask of $7.2 billion.

More than half the money needed urgently would be used to procure and distribute monoclonal antibodies, the document shows, saying these therapeutics could have a “game-changing” impact but are in short supply.

No drug based on monoclonal antibodies has yet been approved against COVID-19, but the WHO scheme has already invested in research on the new technology and has secured production capacity at a plant of Fujifilm Diosynth Biotechnologies in Denmark.

Fujifilm was not immediately available for a comment.

The scheme wants to spend $320 million to produce antibodies in that facility, the document says, estimating that would be enough to secure at least 4 million antibody courses assuming upper-range procurement costs of $80 per course.

A spokeswoman for Unitaid, speaking on behalf of the co-leaders of the scheme, confirmed that it wanted to raise and invest $320 million in securing monoclonal antibodies but declined to comment on potential commercial deals citing confidential agreements.

Another $110 million would be used for regulatory approval and other market preparation procedures for monoclonal antibodies in poorer countries, the document shows, while $220 million would fund clinical trials of monoclonal antibodies and COVID-19 drugs projects in poorer countries.

Among companies developing monoclonal antibodies against COVID-19 are U.S. pharmaceutical giant Eli Lilly, Switzerland’s Novartis and U.S. firm Regeneron, whose antibodies were administered together with remdesivir to U.S. President Donald Trump in October when he tested positive for the coronavirus.

Eli Lilly has already agreed to produce antibodies at the Fujifilm plant from April and make them available at “an affordable price” to poorer countries, a company spokeswoman said.

Lilly’s drug is being trialed and is seeking emergency authorization in the United States.

A U.S. government-run trial of the drug was paused in mid-October over safety concerns, but other trials continue. In spite of the suspension, the U.S. administration said last week it had sealed a $375-million supply deal.

It is unclear how and whether the WHO scheme will raise the money needed for the supply of antibodies and other projects.

Regeneron was not immediately available for comment.

Novartis, which expects results soon from a trial of its arthritis treatment canakinumab against COVID-19, said on Thursday that it received a request several days ago from the WHO scheme seeking information about medicines to tackle the coronavirus. Novartis also makes dexamethasone.

REMDESIVIR? NO, THANKS

Despite being short of funds, the WHO drugs-supply scheme wants to “transform the treatment landscape”, the document says, and distribute hundreds of millions of courses of COVID-19 drugs to poorer countries by 2022.

Apart from monoclonal antibodies and dexamethasone, it is also planning to develop and secure experimental drugs, including new antivirals and repurposed drugs.

The scheme wants to spend another $100 million to seal deals with unspecified drugmakers from mid-2021, the document says, and next year plans to invest another $4.4 billion to secure drugs showing positive results in clinical trials.

The Unitaid spokeswoman said that among repurposed therapeutics, dexamethasone and its alternative, hydrocortisone, were the most promising.

Remdesivir, alternatively known as Veklury, is also a repurposed antiviral which was initially trialed against Ebola.

Unitaid confirmed the scheme had not procured or funded remdesivir. It did not comment on whether it may buy the drug in future or on why remdesivir did not appear among priority treatments in the document.

Remdesivir has been authorized in dozens of countries around the world to treat COVID-19. However, preliminary findings of a major WHO-sponsored trial revealed in October the antiviral had little or no benefit for COVID-19 patients, contradicting previous positive trials.

Governments however continue to buy it, with Germany this week announcing the purchase of more than 150,000 doses for the next six months.

(Reporting by Francesco Guarascio @fraguarascio; additional reporting by John Miller in Zurich and Caroline Humer; editing by Nick Macfie)

Trump campaign loses legal fights in Georgia and Michigan, vows Nevada lawsuit

By Tom Hals and Jan Wolfe

(Reuters) – President Donald Trump’s campaign lost court rulings in the closely-contested states of Georgia and Michigan on Thursday, even as it vowed to bring a new lawsuit challenging what it called voting irregularities in Nevada.

In the Georgia case, the campaign alleged 53 late-arriving ballots were mixed with on-time ballots. In Michigan, it had sought to stop votes from being counted and obtain greater access to the tabulation process.

State judges tossed out both the suits on Thursday.

Judge James Bass, a superior court judge in Georgia, said there was “no evidence” that the ballots in question were invalid.

In the Michigan case, Judge Cynthia Stephens said: “I have no basis to find that there is a substantial likelihood of success on the merits.”

Trump allies alleged that there had been voting irregularities in Nevada’s populous Clark County, which includes Las Vegas.

A Trump campaign spokeswoman did not respond to requests for comment on the Michigan and Georgia rulings.

Votes are still being counted in all three states, among a handful of battleground states that could decide the presidency. Democratic challenger Joe Biden has a narrow lead in Nevada, Trump a narrow lead in Georgia, and Biden has been projected to win in Michigan.

At a news conference in Las Vegas on Thursday, former Nevada Attorney General Adam Laxalt and other Trump campaign surrogates, including former administration official Richard Grenell, gave no evidence to support their allegations of irregularities and did not answer questions from reporters.

“We believe that there are dead voters that have been counted. We are also confident that there are thousands of people whose votes have been counted that have moved out of Clark County during the pandemic,” Laxalt said.

He said a lawsuit would be filed in federal court to ask the judge to “stop the counting of improper votes.”

Joe Gloria, an election official in Clark County, told reporters there was no evidence of improper ballots being processed.

Bob Bauer, a senior advisor to Biden’s campaign, called the various Trump lawsuits a “meritless” distraction and said the strategy was designed to undermine the integrity of the electoral process.

“This is part of a broader misinformation campaign that involves some political theater,” he said.

“They’re intended to give the Trump campaign the opportunity to argue the vote count should stop. It is not going to stop,” he told reporters on Thursday.

Election legal experts have said Trump’s legal strategy is unlikely to have a decisive impact on the outcome of the election.

Trump has repeatedly said that he expects the U.S. Supreme Court, which has a 6-3 conservative majority including three justices he appointed, to have a key role.

But it is unlikely the court would have the final word in any decisive way and any challenge would have to make its way through the usual court process, legal experts say.

In Pennsylvania, where Trump is narrowly leading but Biden is making gains, the Trump campaign and other Republicans have already filed various legal challenges.

An appeals court in Pennsylvania on Thursday ordered that Trump campaign officials be allowed to more closely observe ballot processing in Philadelphia, which led to a brief delay in the count.

(Reporting by Steve Holland, Doina Chiacu, Tom Hals, Karen Freifeld, Julia Harte, Jan Wolfe, Daphne Psaledakis and Lawrence Hurley; Writing by Lawrence Hurley; Editing by Peter Graff, Sonya Hepinstall and Noeleen Walder)

Factbox: Rules for recounts in presidential battleground states

By Disha Raychaudhuri

(Reuters) – U.S. President Donald Trump’s campaign has called for a recount in Wisconsin, filed lawsuits to stop vote counting in Michigan and Pennsylvania, and asked a judge in Georgia to order late-arriving ballots to be separated and secured so that they cannot be counted.

Below is a roundup of recount laws in some battleground states:

GEORGIA

Automatic recount: No

Recount law: A candidate can request a recount if the margin of victory is less than or equal to 0.5 percentage point.

Deadline: A recount must be requested within two business days after results have been certified.

Who pays: State law does not specify who is responsible for recount costs.

MICHIGAN

Automatic recount: Yes

Recount law: A recount is required if the margin of victory is less than or equal to 2,000 votes.

Deadline: Request for a recount should be made within 48 hours of the vote canvass.

Who pays: The candidate requesting the recount.

NEVADA

Automatic recount: No

Recount law: A candidate who has been defeated can request a recount, regardless of the margin of victory.

Deadline: A recount must be requested within three business days after the state’s vote canvass.

Who pays: The candidate asking for the recount.

PENNSYLVANIA

Automatic recount: Yes

Recount law: A recount is automatic if the margin of victory is less than or equal to 0.5 percentage point. Two other avenues for requesting recounts include requiring at least three voter signatures that attest to an error in the vote tally, and going to state court to file petitions alleging fraud and error.

Deadline: By 5 p.m. on the second Thursday following the election, for automatic recounts. If a recount is requested, the deadline is five days after the election.

Who pays: The candidate requesting the recount.

WISCONSIN

Automatic recount: No

Recount law: A full or partial recount can be requested if the margin of victory is less than or equal to 1 percentage point.

Deadline: For presidential elections, the request must be made by 5 p.m. on the first business day after the state’s vote canvass.

Who pays: The candidate requesting the recount, if the margin is more than 0.25 percentage point of the total vote.

(Reporting by Disha Raychaudhuri; Editing by Noeleen Walder and Peter Cooney)

U.S. Supreme Court may not have final say in presidential election, despite Trump threat

By Andrew Chung and Lawrence Hurley

WASHINGTON (Reuters) – While President Donald Trump has promised to ask the U.S. Supreme Court to weigh in on a presidential race that is still too close to call, the nation’s top judicial body may not be the final arbiter in this election, legal experts said.

Election law experts said it is doubtful that courts would entertain a bid by Trump to stop the counting of ballots that were received before or on Election Day, or that any dispute a court might handle would change the trajectory of the race in closely fought states like Michigan and Pennsylvania.

With vote-counting still underway in many states in the early hours of Wednesday morning, Trump made an appearance at the White House and declared victory against Democratic challenger Joe Biden.

“This is a major fraud on our nation. We want the law to be used in a proper manner. So we’ll be going to the U.S. Supreme Court. We want all voting to stop,” he said.

The Republican president did not provide any evidence to back up his claim of fraud or detail what litigation he would pursue at the Supreme Court.

As of Wednesday afternoon, the election still hung in the balance. A handful of closely contested states could decide the outcome in the coming hours or days, as a large number of mail-in ballots cast amid the coronavirus pandemic appears to have drawn out the process.

However, legal experts said that while there could be objections to particular ballots or voting and counting procedures, it was unclear if such disputes would determine the final outcome.

Ned Foley, an election law expert at Ohio State University, said on Twitter that the Supreme Court “would be involved only if there were votes of questionable validity that would make a difference, which might not be the case.”

Both Republicans and Democrats have amassed armies of lawyers ready to go to the mat in a close race. Biden’s team includes Marc Elias, a top election attorney at the firm Perkins Coie, and former Solicitors General Donald Verrilli and Walter Dellinger. Trump’s lawyers include Matt Morgan, the president’s campaign general counsel, Supreme Court litigator William Consovoy, and Justin Clark, senior counsel to the campaign.

Benjamin Ginsberg, a longtime Republican election lawyer, said on CNN that any attempt to toss out legally cast votes would likely “be viewed by any court including the Supreme Court as just a massive disenfranchisement that would be frowned upon.” Ginsberg represented George W. Bush’s presidential campaign in 2000 when the Supreme Court ended a recount in Bush’s favor against Democrat Al Gore.

Trump attorney Jenna Ellis on Wednesday defended Trump’s bid to challenge the vote count and evaluate his legal options. “If we have to go through these legal challenges, that’s not unprecedented,” Ellis told Fox Business Network in an interview. “He wants to make sure that the election is not stolen.”

Bringing a case to federal court immediately was one possibility, she added, without giving further details. “We have all legal options on the table.”

The case closest to being resolved by the Supreme Court is an appeal currently pending before the justices in which Republicans are challenging a September ruling by Pennsylvania’s top court allowing mail-in ballots that were postmarked by Election Day and received up to three days later to be counted.

The Supreme Court previously declined to fast-track an appeal by Republicans. But three conservative justices left open the possibility of taking up the case again after Election Day.

Even if the court were to take up the case and rule for Republicans, it may not determine the final vote in Pennsylvania, as the case only concerns mail-in ballots received after Nov. 3.

In a separate Pennsylvania case filed in federal court in Philadelphia, Republicans have accused officials in suburban Montgomery County of illegally counting mail-in ballots early and also giving voters who submitted defective ballots a chance to re-vote.

If Biden secures 270 electoral votes without needing Pennsylvania, the likelihood of a legal fight in that state diminishes in any case, legal experts said.

And any challenge would also need to make its way through the usual court hierarchy.

“I think the Court would summarily turn away any effort by the President or his campaign to short-circuit the ordinary legal process,” said Steve Vladeck, a professor at the University of Texas at Austin School of Law.

“Even Bush v. Gore went through the Florida state courts first.”

(Reporting by Andrew Chung in New York, Lawrence Hurley in Washington, Karen Freifeld in New York and Tom Hals in Wilmington, Delaware; Editing by Noeleen Walder and Rosalba O’Brien)