The Legal Fight Awaiting Us After the Election | The New Yorker

As Election Day approaches, the President has escalated his level of incitement. With the death of Supreme Court Justice Ruth Bader Ginsburg, last week, a battle with the Democrats in the Senate is almost inevitable. Trump has already moved from allegations of fraud to intimations of unlawfulness and violence. “Gotta be careful with those ballots,” he said on September 8th, in a speech in North Carolina. “Watch those ballots. I don’t like it.” He continued, “Be poll watchers when you go there. Watch all the thieving and stealing and robbing they do.” Trump has advised his supporters to vote twice—once by absentee and once at the polls, to make sure their votes count. (This would be a crime.) He has expressed sympathy for the anti-Black Lives Matter counter-protesters who fired paintballs at their adversaries in Portland, and has defended Kyle Rittenhouse, the pro-Trump vigilante who is accused of killing two protesters in Kenosha, Wisconsin. Trump also retweeted a prediction that political unrest “could lead to ‘rise of citizen militias around the country.’ ” In light of these provocations, it seems that anything short of a landslide for either Biden or Trump could lead to chaos. It’s unsurprising that, when the Transition Integrity Project, a group of a hundred bipartisan experts, ran a series of simulations, they concluded that “the potential for violent conflict is high, particularly since Trump encourages his supporters to take up arms.”