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COURTSIDE with Neal Katyal

Episode 1 (original 2020 series)

COURTSIDE with Neal Katyal

Neal Katyal

Politics, News, Society & Culture

4.9614 Ratings

🗓️ 22 January 2021

⏱️ 2 minutes

🧾️ Download transcript

Summary

November 7, 2020


I’m doing short 2 minute explainers on Trump’s election litigation. This episode was shot on the day the election was called for Biden. This is the first episode in the series, and it’s already been viewed 250k times on IGTV. Your reactions are what led me to make this a little series! Thank you!!!


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This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit nealkatyal.substack.com

Transcript

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0:00.0

So now that the networks have called the election for Biden, I wanted to outline why I think that Trump's lawsuits are frivolous and why they're going to fail.

0:11.0

And, you know, the first thing to note is, don't ever say that Trump hasn't created any jobs.

0:16.0

The guy's been a one-man jobs creation program just for lawyers like myself. And he's filed eight lawsuits

0:23.9

so far since Election Day, and he's 0 for eight. He's lost all eight of them. And that's going to

0:30.1

continue. His best lawsuit is one from Pennsylvania that challenges the ballots that have come in

0:35.9

after Tuesday. And his argument is that they can't come in by Friday, as the Pennsylvania Supreme Court said,

0:43.3

because only the Pennsylvania legislature can decide that question.

0:47.3

There's just one big problem with that, in apart from the fact that it doesn't have any legal support,

0:52.3

the facts.

0:53.3

These ballots don't matter.

0:55.4

Trump, excuse me, Biden doesn't need them to win, and they're not in the counts that you're

0:59.4

reading about today that have led to the media projections and the like.

1:04.0

So those extra ballots are just gravy for Biden.

1:08.2

He doesn't need them.

1:10.1

And then you've got all these other kind of lawsuits, which are

1:13.5

mostly just mere technicalities challenging a few ballots here, a few ballots there, nothing that's

1:18.5

going to reverse the overall count. And there are two fundamental problems with these lawsuits

1:25.6

anyway, even if they had any legs to them in terms of the number

1:30.0

of ballots, which they don't. The first is it's always a losing strategy in America to say

1:35.5

don't count every vote, and that's Trump's argument. It's fundamentally un-American. And the second

1:40.5

is he's got to run the table. He's got to win these lawsuits in every state.

1:45.0

And even then, it's not necessarily not really going to matter. But that's very different than Bush versus Gore.

...

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