After noting that Ted Olsen, who argued Bush v. Gore for the Bush team, got together for a reunion op-ed with David Boies to state the obvious, that Biden won, some wag replied to me with utmost sincerity that we need to let the legal process play out. That struck a nerve with me, despite the fact that the myriad suits brought, and bizarre claims twitted, fail to meet the minimal requirements of plausibility, evidentiary support or adequacy to sustain the relief sought.
It’s not enough to raise questions. Is it possible that Men In Black is a documentary? I guess it’s possible, but are we willing to bet the Republic on it? I know, some of you are, but you also need to unzip your fly to count to 21. The burden of proof is on the party seeking relief, and while there is the outlier bad vote, the evidence has conclusively failed miserably to suggest any possibility of changing the election outcome. And so more claims, more outlandish claims barren of evidence, get spewed. Why? If there’s no plausible cause of action, no evidence, why not let the legal process play out? Continue reading →