Trump Has a “Right to Pursue Legal Challenges” to Election, But Not Without the Facts

Today, Jim Wagstaffe published an article on Just Security adressing the incorrect claim that outgoing president Donald J. Trump has a “right” to file baseless litigation.

As the article makes clear, this is not true. Before lawyers and litigants can pursue a case, they are under an affirmative duty to certify that the lawsuit is factually and legally meritorious. Wishful thinking doesn’t cut it. Specifically,  Federal Rule of Civil Procedure 11 has mandated that lawyers and their clients not commence a lawsuit unless based on (1) well-grounded evidentiary facts, (2) a colorable basis in law, and (3) a proper purpose.  Equally important is that the required evidentiary support is judged by what you know at the time of filing—not with the benefit of skewed hindsight.

The full article is available online here..

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