Because Joe Biden hasn't won (yet)
Trump will not concede defeat until December 14, when the Electoral College meets. Appeals can still reward him, and the Supreme Court will decide in Pennsylvania
Although the Associated Press and the main American media have declared that Joe Biden won the election, formally (and not only) it is still not so and not so much because in Alaska, Georgia and North Carolina the ballots are still being counted. The 290 great voters won so far by the Democratic candidate, in fact, could be thinner if the appeals that the Republicans intend to present are successful.
THE NODE OF APPEALS STATE BY STATE
Since Trump has not formally acknowledged the defeat, and nothing obliges him to do so, we must wait for the formal nomination of the winner by the Electoral College. By 8 December, each State must resolve any appeals and establish which major electors participate in the Electoral College which, on 14 December, decrees the winner. It is almost taken for granted that the electors chosen in each state will vote for the candidate who won in that state, although this is not always the case. In 2016, for example, seven decided not to vote for Trump. As a result, 33 states have introduced laws to prevent pranks from snipers, although not all are binding. The decision of the Electoral College is subsequently sent by December 23 to the Senate and the Congress, after taking the oath on January 3, declares the results on January 6, giving the go-ahead for the swearing in of the new president, which takes place on January 20 at noon.
It is not possible to appeal in all states. In Arizona, for example, the law provides this possibility only if the distance between the two candidates does not exceed 0.1% and this is not the case. Trump will instead appeal in Wisconsin, where it is possible to ask for a recount in the event of a defeat of less than one percentage point. Having lost about 20,500 votes, the Republican president is eligible, but will have to pay around $ 2 million. Even in Georgia, where the distance is minimal, the tycoon will be able to get a recount. Nothing to do for Michigan, where the distance is too far, while in Nevada it is enough to pay. It is also always possible to ask for a recount in Pennsylvania.
THOSE "ILLEGAL" CARDS IN PENNSYLVANIA
The top 20 Pennsylvania voters are crucial if Trump wants to have any hope of dramatically reversing the result, even if his chances are now hanging by a thread. In this case the node does not so much concern the recount of the cards, as the validity of those received after the Election Day of November 3 by post. State law, in fact, provides that only ballots received by November 3 are legal, but the Pennsylvania Supreme Court had agreed with the local Democratic government, which had exceptionally established to also consider ballots arriving by November 6. due to the coronavirus pandemic.
The Republicans' appeal to the United States Supreme Court had ended in a draw, 4 in favor and 4 against, consequently the new Pennsylvania regulation remained in effect. But Judge Samuel Alito had also written that the dispute could be reviewed after the vote and that is why the Republicans are hoping for a turnaround. As famed retired Harvard lawyer and law professor Alan Dershowitz told Newsmax TV on Monday, “Trump's arguments are valid and he would probably win in the Supreme Court. The question is whether those cards make a difference or not ». If that is, Dershowitz exemplifies, Biden had won by 20,000 votes and the ballots arrived after November 3 were 40,000, then the Supreme Court could invalidate those 40,000 ballots. If, on the other hand, they are lower than the difference in the votes obtained between the two candidates, the appeal will end in nothing.
STILL THERE IS NO TRANSITION
For all these reasons, the race for the presidency is formally and substantially still open. Contrary to what the Democrats expected, moreover, the Republican Party sided compactly with Trump, supporting his choice not to recognize defeat. "Trump has a 100 percent right to weigh all the possibilities available to him under the law," said influential Republican Senate leader Mitch McConnell, for example. Likewise, Attorney General William Barr authorized the Department of Justice to investigate the "substantial" allegations of wrongdoing made by the Republicans.
In the meantime, Biden is acting in all respects as president-elect and has also opened a site on November 4 dedicated to the transition period, for example putting together a team of experts to deal with the Covid 19 pandemic. But as the Associated explains Press, only the independent agency of the US government General Services Administration (GSA) can initiate the transition and it still has not done so (as in 2000) because neither Trump acknowledged the defeat nor the Electoral College certified Biden's victory. As a result, Obama’s former vice president’s team did not gain any access to federal agencies. As the climate in the country becomes increasingly hot, America therefore finds itself in a huge quagmire. But it's a perfectly legal quagmire.
