Trump’s comment came after a series of legal defeats, including a rejection by a federal judge in Pennsylvania on Saturday, who said the Trump team did not provide evidence of electoral fraud or misconduct, despite attempts to invalidate millions of votes. Trump’s chief attorney in the case, Rudy Giuliani, said he intends to appeal the case to the third circuit and, if necessary, the Supreme Court.
But with few lawsuits pending in court, Trump’s options have narrowed, and he is becoming increasingly dependent on long-shot scenarios where election results are not certified and Republican-controlled state houses in Pennsylvania, Michigan, Arizona and Georgia are seizing in to declare him a winner.
GOP legislators in these states have not endorsed this approach. Trump summoned Michigan lawmakers to the White House on Friday, but they later issued a statement saying they had seen no reason to intervene on Trump̵
To be successful, Trump’s plan would require several unprecedented legal steps. First, Republican-led lawmakers in states that Biden won would have to move to overthrow their state’s popular vote and appoint a list of Trump voters when the Electoral College meets on Dec. 14. In Pennsylvania and Michigan, such maneuvers would be sure to meet vetoes. from democratic governors, so lawmakers would also have to secure a legal decision that they have the sole power to appoint voters – a controversial legal premise that has never been tested.
Trump’s call for lawmakers to give him the election is the most obvious call he’s ever made for state lawmakers to overturn the election result. But it also underscores his dwindling potential: Michigan is due to certify its vote sums on Monday, as are Pennsylvania counties, which would hand over the state-wide certification obligation to Secretary of State Kathy Boockvar, a Democrat. On Friday, Georgia certified Biden’s victory.
As of Friday night, Pennsylvania’s GOP leaders said they had not received an invitation to meet with Trump in the White House, but last month they said they would not step in to change the election result.