Fred Henneke, Attorney & Counselor-At-Law
Here is what is I believe the takeaways are from the Election and aftermath:
- Former Vice-President Joe Biden will be the 46th President of the United States. His margins in each of the contested states are statistically small but numerically large. Most, if not all, of the margins are more than challenges have ever overturned. And, President Trump must win all of Pennsylvania, Georgia, Nevada and Arizona to over come Mr. Biden’s lead. Very unlikely.
- The President is mounting challenges in the afore-mentioned states. HIs burden is not in finding isolated mistakes or even intentional wrongdoing but finding enough concrete instances or errors or fraud to change the outcome of the election in that particular state. His campaign has to lay before the Court enough specific instances when a vote was wrongfully cast or counted to his detriment that the Court can reasonable infer that he might actually change enough votes to win. Fishing expeditions or broad, sweeping charges without specific, documented wrongdoing or mistakes will not carry the day. And, the cases will be, at least initially, in state court as opposed to more friendly federal court.
- The blue wave was nothing more than a ripple. The Republicans actually gained seats in the House of Representatives and stand to keep their majority in the Senate. And, the Democrats failed to gain significantly in state elections for governor and legislatures. The results, taken as a whole, clearly are not an embrace of the Democrats philosophy and proposed legislation. Labelling the Democrats as “Socialism” was a winning tactic on the part of the Republicans.
- The President and the Republicans showed surprising strength in the African -American communities and, especially, the Hispanic communities. Here in Texas, at least, the Democrats have been waiting for years for the Hispanic community to rise up and vote Democrat in large numbers. Didn’t happen..
- America remains more tribally divided than before. Our elected leaders consist of West Side-esq gangs that spend their time shouting at (or past) each other and then congratulating each other about how they had “one-upped” the other gang. No dialogue, no solutions. President Reagan was quoted as saying “I would rather have 80% of what I wanted than drive off the cliff with flags flying”. Which party is Thelma and which one is Louise? They high-five each other on our nickel while we are left to deal with the enormous problems we face daily. Compromise really is not a four letter word.
- What comes next? Healing, I hope. The rise of Statesmen who place the welfare of their constituents and the Nation they serve above their re-election and tribal dominance. I can always dream, Right!