“This election is going to be decided at the ballot box and not in the courts,” former Al Gore 2000 Florida recount lead attorney David Boies told “Mornings with Maria” on Thursday reacting to the Trump campaign filing lawsuits over election results.
The Boies, Schiller & Flexner chairman and managing partner also told host Maria Bartiromo that while the Trump campaign has the right to take legal action amid mounting controversy over voting practices, evidence is critical to “accomplish anything” in court.
The Trump campaign is filing a federal lawsuit in Las Vegas Thursday, suing to stop the counting of what it calls “illegal votes” in Nevada, claiming to have evidence that people who are deceased and nonresidents have cast ballots in the 2020 election.
In Georgia, the Trump 2020 campaign and the Republican Party of Georgia filed a lawsuit in the state Wednesday, alleging that officials in a Democratic-leaning county were counting ballots for the presidential race that were received after polls closed Tuesday.
Earlier the campaign moved to intervene in Pennsylvania elections, suing to overturn a Supreme Court decision allowing the key battleground state to continue counting mail ballots received after Tuesday until Friday, so long as they were postmarked by Nov. 3.
The Supreme Court last month ruled 4-4 to keep a lower court decision in place that allows ballots postmarked by Election Day to be counted for another three days despite a Republican request for a stay on that decision. And last week the high court denied a Republican request to fast-track their appeal to block the extended deadline.
The Trump campaign also announced it had filed a lawsuit in Michigan to observe ballot counts and promised to demand a recount in Wisconsin, both states Joe Biden flipped, Fox News projected.
“The vote count here, I think, is going relatively smoothly,” Boies told Bartiromo.
He went on to say that “anybody can go into court” and “when you go into court, you have to actually prove something.”
“You can go on television, and you can make all sorts of wild accusations and you can even put wild accusations in a complaint, but you’ve got to prove something when you go to court and thus far, none of the lawsuits that are there really seem to prove anything,” Boies continued.
“There were a lot of ballots in Wisconsin, for Vice President Biden, but there were lots of ballots in Wisconsin that came in for President Trump too. You can’t just complain about the ones that came in for your opponent.”
Bartiromo noted that she is aware that Boies supports the Democratic presidential nominee and asked him, “How do you know that there’s no evidence?”
“I think it’s a fair point that we don’t now know whether there’s no evidence or not,” he responded.
“What I’m saying is they haven’t shown any evidence,” he added. “Maybe they’ve got some evidence that they’re hiding. Maybe they’ve got some evidence that they will develop. Nobody can know for sure right now whether there’s any evidence, but what we do know is that there hasn’t been any evidence shown.”
He added, “What I’m saying is that to win in court, to accomplish anything in court, you’ve got to have evidence and I’m not going to predict who is going to win the presidency until all the votes are counted, but what I will predict is that this election is going to be decided at the ballot box and not in the courts.”
Fox News’ John Roberts, Morgan Phillips, Brie Stimson and Brooke Singman contributed to this report.