In a joint statement, a group of former U.S. attorneys — many of who are now partners at BigLaw firms such as K&L Gates LLP, Winston & Strawn LLP, Brownstein Hyatt Farber Schreck and Davis Polk & Wardwell LLP — noted that the electoral process is one of the "most fundamental and important aspects of our constitutional democracy." However, the president's unsubstantiated allegations that voter fraud is impacting the outcome in battleground states are undermining that process, the former prosecutors said.
"Unfounded allegations of fraud and threats to initiate litigation aimed at stopping the vote count are clearly inappropriate and have the potential to undermine the rule of law as it applies to our electoral process," the letter says. "Moreover, for any candidate, let alone the president of the United States, to claim victory, without justification, before each and every vote is counted is imprudent and irresponsible."
The group called on the president to "patiently and respectfully" allow election officials to continue counting votes, regardless of how long it takes, and to stop making similar comments that undermine the nation's democracy.
"The whole world is watching, and our very legitimacy as a nation of laws, not men, depends on getting this right," the letter said.
The attorneys released the letter shortly after Trump spoke from the White House press room Thursday evening, as Trump's opponent, former Vice President Joe Biden, held a lead in the race and as election officials were still tallying votes from mail-in ballots in six states, including the battleground states of Pennsylvania, Nevada, Arizona and Georgia.
Despite the outstanding votes, during his speech, Trump depicted himself as the "legal" winner of the election and he called himself a candidate for "farmers and police officers," while he accused Biden of running a "corrupt Democrat machine" funded by "Big Media, Big Money and Big Tech."
Trump reiterated his oft-repeated claim that mail-in ballots are fraudulent, although he did not mention that he himself voted by mail in Florida in August. Trump characterized mail-in ballots as fraudulently favoring Biden, and said in-person election day votes were the "legal votes." He did not mention that he has been calling on his constituents not to vote by mail for months.
However, the president acknowledged that his campaign has begun "tremendous litigation" in battleground states due to how allegedly "unfair this process was" and he said he suspects those lawsuits will make their way to the U.S. Supreme Court, where Trump's newest appointee, Justice Amy Coney Barrett, could hear his legal challenges.
"Ultimately, I have a feeling judges are going to rule," Trump said, before abruptly ending the event without fielding questions from the press.
The president's comments sparked an outcry from prominent figures across the political aisle, including New York Attorney General Letitia James, who called the president's statements "inflammatory, misleading and divisive."
"In America, the people choose their president; the president doesn't choose his or her voters," James said in a statement. "To suggest it be done otherwise is a blatant power grab and an attempt to steal this election."
On Oct. 27, the same group of former U.S. attorneys released a joint statement formally endorsing Biden and criticizing Trump for politicizing the U.S. Department of Justice, demonizing local officials and threatening the "rule of law."
The former attorneys hail from around the country, including many of the battleground states, and have served under every Republican president since Dwight Eisenhower, according to their statements.
As the vote counting continues, Trump also has found himself in hot water with the U.S. Office of Special Counsel. The office confirmed Thursday that it opened an investigation into whether his campaign violated the Hatch Act by using the White House as a campaign command center and election day war room after a New Jersey lawmaker filed a letter of complaint with the office on election night.
As of late Thursday, Biden held 253 electoral votes out of the 270 needed to secure the presidency, while Trump held 214 electoral votes. Six states had not yet been called for either candidate.
--Additional reporting by Hailey Konnath. Editing by Jay Jackson Jr.
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