In the wake of Donald Trump’s previous presidential campaign, legal actions from his team to contest the election results resulted in severe repercussions for his lawyers, including sanctions, criminal charges, and lawsuits demanding substantial compensation. This time, leaders within the Republican Party are striving to assemble a more adept and organized legal team, even as Trump continues to assert that he was wronged in the 2020 election and raises questions about the integrity of the forthcoming electoral process.
“It’s critical that every facet of our operation is managed professionally,” stated Michael Whatley, Chairman of the Republican National Committee (RNC). As ongoing legal battles unfold between Democrats and Republicans regarding election protocols, the Trump campaign remains under heightened scrutiny. This intensified examination is a direct consequence of the mishandled legal attempts to overturn the results of the last election, many of which were dismissed by judges from diverse political backgrounds. The tense standoff reached a climax on January 6, 2021, when Trump’s supporters clashed violently with law enforcement during the Capitol riot.
During the previous election cycle, a disorganized cohort of lawyers surfaced to support Trump after seasoned attorneys distanced themselves from his unsubstantiated allegations of widespread electoral fraud. In contrast, the RNC has this year initiated a comprehensive “election integrity” operation, which aims to recruit thousands of lawyers, polling monitors, and election workers, all of whom party officials insist will comply with the law.
“What we have experienced in court over the past six months, alongside the surge of over 130 lawsuits, reflects our commitment to collaborating with state authorities and courts to establish a responsible program,” Whatley noted further. However, the efficacy of a competent legal team is uncertain, particularly if arguments rely on groundless claims once again, or if, post-election, a different set of attorneys takes the reins of the initiative, similar to what occurred in 2020.
The new legal team is evolving with notable figures, including Steven Kenny, the RNC’s senior counsel, who has prior experience at the prominent law firm Jones Day; Gineen Bresso, previously nominated by George W. Bush to join the U.S. Election Assistance Commission; and Josh Helton, who served as general counsel for Mike Huckabee’s 2016 campaign. David Warrington, active in lawsuits concerning voter registration agencies, particularly in Michigan, also continues to shape this legal team.
Current legal actions by the RNC target various issues, such as ensuring stringent voter ID procedures, asserting that non-citizens are voting unlawfully, and contesting what they regard as overly lenient mail-in and absentee ballot rules. Meanwhile, Democrats have raised serious concerns regarding the RNC’s election integrity initiative, describing it as a strategy to create distrust in the electoral system and potentially obstruct certification if Trump does not secure victory. They have cautioned that those inclined to challenge the election results may attempt to undermine legitimate outcomes. Veteran attorneys, including noted Democratic legal strategist Marc Elias, are joining forces to mount their own legal challenges, including recent actions against Georgia’s voting regulations that could favor Trump allies.
Legal disputes are unsurprising as the race heats up between Trump and Vice President Kamala Harris, the Democrat’s nominee, especially since the outcome is anticipated to hinge on a small number of battleground states. Several individuals from the 2020 cycle have returned to the legal fray, including Cleta Mitchell, who was part of a January 2021 phone call where Trump urged Georgia officials to “find” votes in his favor. Recently, courts in North Carolina and Michigan turned down efforts to invalidate ballots cast by overseas voters.
The RNC appointed Christina Bobb to oversee their election integrity division earlier in the year. Bobb, once a reporter for the conservative One America News Network, faces legal challenges from Arizona’s attorney general over her involvement in promoting an alternative slate of Trump electors following the 2020 election. Her legal representative has argued that Bobb was not involved in the arrangements relating to the alternate electors and intends to seek the dismissal of these charges.
Despite being criminally accused of attempting to overturn the previous election results, Trump continues to propagate the belief that the 2020 election exhibited widespread fraud. His narrative resonates with numerous party members even when multiple authorities, including judges and Trump’s own attorney general, confirmed the absence of evidence supporting these claims.
In May, Charlie Spies, a seasoned election law attorney with ties to notable Republicans, departed from his position as the RNC’s chief legal advisor after only two months. He notably declared at a prominent conservative event that there was “zero evidence” of a voting machine malfunction that could have impacted the election result. While Whatley has previously asserted claims of “massive fraud,” he has generally refrained from using Trump’s rhetoric about the legitimacy of Biden’s win, later stating in an interview that Biden was “absolutely” elected fairly.
Trump publicly commended Whatley during a gathering in North Carolina for his commitment to addressing alleged election fraud in 2020. Although Trump claims there has been no indication of election tampering in 2024, he continues to broadcast skepticism about the electoral process, encouraging his followers to turnout in numbers sufficient to make the results “too big to rig.”
Justin Riemer, a reputable attorney associated with John McCain’s campaign, warned RNC colleagues about the unprofessional nature of previous legal attempts, describing them as “laughed out of court.” He expressed concerns that such actions could be detrimental to the party’s efforts to restore electoral integrity and mislead individuals who hope for Trump’s political revival.
The fallout for legal professionals aligned with Trump has been severe, as seen with Rudy Giuliani, who lost his law licenses in both New York and Washington; Jenna Ellis, who faced similar disciplinary action in Colorado; and Sidney Powell, who, along with Ellis and Giuliani, was implicated in a conspiracy to overturn the election in Georgia. Both Powell and Ellis ultimately accepted plea deals. Giuliani is also facing a hefty judgment from a lawsuit brought by two former poll workers, totaling $148 million, following false statements he made about them in 2020 that severely disrupted their lives. He has since filed for bankruptcy.
The consequences faced by these attorneys serve as a warning to lawyers who might contemplate engaging in similar unscrupulous practices, as noted by legal scholars.