Fox News host Mark Levin blasted critics of President Donald Trump’s legal strategy in challenging election results in a number of battleground states and appeared to single out network contributor Karl Rove.
During his Sunday evening program, Levin spent a segment explaining the civil litigation process, which uses a different legal standard for burden of proof than criminal cases.
“‘Unexplained significant deviations from expected results — for instance, mathematical inconsistencies supported by experts’ — in other words, expert testimony given in affidavits,” Levin said.
That “should be more than sufficient to establish a reasonable basis to file a complaint and justify expedited ‘fast discovery,’” he continued.
“So, it’s all wrong when you hear legal analysts and hosts say, ‘Where’s all the evidence? Where’s all the evidence?’” Levin went on. “This is a civil suit. So, you have the bar you need to pass so your case isn’t dismissed, then you conduct discovery.”
That includes “written discovery, document demands, depositions and so forth on an expedited level, that’s how it’s supposed to work,” Levin, a lawyer and former Reagan Justice Department official who is considered to be a constitutional expert, explained.
“So “It is frustrating to me to listen and watch people who have no experience in civil litigation, know nothing about civil litigation, or former federal prosecutors and professors who should know better, saying the same thing — or political operatives with whiteboards and without whiteboards — ‘I’m afraid there’s no evidence, we don’t have the evidence, there is no evidence,’” Levin said.
While he did not mention him by name, political contributor Rove is known for using whiteboards as props to make his points.
“So if judges prevent the Trump campaign from going forward…for example, involving the Dominion Voting System, they’re never going to gather the quote, unquote evidence, that’s necessary in a trial, in a court proceeding,” Levin continued to explain.
“You don’t go to court with boxes and boxes full of evidence,” he added. “Sometimes you can, but you’re not required to. And so, all this talk from Republican senators who have no idea what talking about — Mitt Romney (Utah), Ben Sasse (Nebraska)…(Rep.) Adam Kinzinger (Ill.), ‘It’s over already’ … Maybe it is, maybe it isn’t.”
Levin then encouraged doubters of the president’s strategy to “embrace our legal system” and “embrace our constitutional system.”
“Why won’t they encourage the courts to go ahead, efficiently, to act on these cases so we can get to the bottom of it?” Levin said.
“There’s reason to be concerned, ladies and gentleman. There’s different kinds of cases the Trump campaign is bringing.”
Levin then went on to explain the kinds of cases the Trump campaign is planning to bring, which he said is based on what campaign officials have told him, which include discovery test the accuracy of voting machines and “hundreds” of instances where actual vote fraud is alleged, based on sworn affidavits from election workers and other officials.
“These are serious cases that they’re bringing. I can’t help it if judges are getting nervous and they don’t want to pursue it or their Obama appointees or whatever they are, or left-wing rogue justices, as you have, the majority on the Supreme Court in Pennsylvania,” he said.
Levin also noted that the Trump campaign has “constitutional cases” to bring before the courts.
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