Matthew Sanderson Speaks to NBC News on Election Litigation
Rudy Giuliani was brought in to lead an "elite strike force" of lawyers to guide President Donald Trump's legal challenges to the 2020 election, but their efforts have been "dysfunctional" and "an embarrassment," based on "unsubstantiated evidence" and "outlandish claims," legal experts told NBC News.
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Election lawyer Matthew Sanderson compared Giuliani unfavorably to James Baker, who led George W. Bush's legal effort in the 2000 presidential election.
"This is like Bush v. Gore, but replace James Baker with the editor of a QAnon subredditt," he said. "It's not competent lawyering. There are strategic errors, typographical errors — every kind of error you can make in a case."
"It's as dysfunctional a litigation strategy as I've ever seen," Sanderson added.
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It also wasn't the first such filing since Trump named Giuliani his lead lawyer. Earlier in the same Pennsylvania case, Giuliani was seeking to add back in arguments his predecessors had dropped, presumably because they didn't have the evidence to back their claims. "The lawyers thought they were losers," Sanderson said.
Also Monday, the campaign lost another lawsuit in Pennsylvania state court — the latest in a string of dozens of court losses in six swing states since the election, most of which were started by Giuliani's predecessors.
"I don't think any team of lawyers can save this case. Election litigation is not designed to overturn tens of thousands of votes. That just doesn't happen. But even with that caveat, this strategy has not been well-executed," Sanderson said.
Matthew Sanderson is a Member of the Political Law Group at Caplin & Drysdale. During the 2020 General Election Matthew Sanderson is serving as an Election Law Analyst for NBC News and MSNBC.
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