Take it from a ‘right-leaning’ pundit, the Capitol attack was about Trump’s ego. Not fraud.

The rioters in Washington, D.C. this week converged on the Capitol Building in the name of protesting “election fraud” — or so they say.

As a defense lawyer and a so-called right-leaning legal commentator on Fox News, I am very sensitive to claims of unfairness or illegality in our nation’s institutions and processes, particularly in our elections. In fact, I spend much of my private practice defending clients, in part, by pointing out the breakdown or failure of processes, and arguing why it should invalidate the charges against them. I am, you could say, highly sensitive to such possibilities. 

In this case, however, these violent protests are not about a breakdown in the election process rendering the outcome invalid. They are about nothing more than the bruised ego of President Donald Trump, who lost an election then failed to present any tangible legal grounds upon which it should be reversed. This is not just me saying so. This is the Supreme Court, state election officials, the president’s own attorney general, and dozens upon dozens of other courts, many with judges appointed by President Trump himself. Legally speaking: The jig is up.

Attacking the foundation of democracy

I firmly believe it is not only permissible but necessary to challenge questionable election results at any level that could involve fraud, error, or other unlawful actions. Needless to say, it is a fundamental principle of Americanism that we should feel secure in our elections and trust the outcomes. This may mean in some cases that court challenges to elections are absolutely valid. Does this mean, however, that every election must be absolutely perfect and go off without a hitch? Of course not. And the law is not so unforgiving.

Recent public discourse leads me to believe that for some Americans, there is a serious disconnect between the idea of an isolated instance of “voter fraud” and the concept that this means the entire election should be invalidated. While this may be the preference of some, it is simply not the state of the law. This is in large part why President Trump’s lawsuits regarding the election were dismissed one after another.

There was simply not sufficient evidence presented to sustain the allegations made in a court of law in a manner or a quantity that would impact the outcome of the elections, even if these isolated incidents were true. To this day, Trump supporters can still be heard inexplicably crying out for “investigations” of alleged election fraud, making it clear that no investigation will satisfy them — only their desired outcome, which is supported by neither the votes nor the law.  

Given the recent, lengthy review of the election processes by all of these courts and other entities, it is obvious that President Trump and those who continue to promulgate the baseless claims of a “stolen election” are not doing so in the name of a legal challenge. They are doing so in the name of attacking the foundation of our democracy — seeking an outcome that was not selected by the people. 

Once the courts rejected his election challenges, President Trump moved on to attempting to pressure the Georgia Secretary of State to “find” votes in his favor then — unbelievably — to pressuring his own Vice President to unilaterally call the election in his favor, despite the obvious Unconstitutionality of such. 

Straight talk:Trump is an enemy of democracy and his Capitol enablers are co-conspirators

The 12th Amendment provides the procedure by which the certified electoral votes from each state are counted in a joint session of Congress. While the vice president presides over the session, that role is largely ceremonious. The Electoral Count Act 3 U.S.C. §15 further solidifies the procedures by which the certified electoral votes are counted. In doing so, the Act aims to minimize congressional involvement in election disputes, instead placing the primary responsibility to resolve disputes upon the states.

Patriots don’t reject valid elections 

Most importantly, these procedures are essentially without dispute — even for Vice President Mike Pence, who responded to President Trump’s demand by writing: “It is my considered judgement that my oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not.” 

When any nation’s leader directs his subordinate to ignore the will of the people and substitute his own judgment as to who should be the president, a mutiny you will find. It seems as though President Trump and the few Republicans still desperate to impress him and destroy their own party seek to misuse and abuse the 12th Amendment’s direction for the Congress to follow the will of the people. Delusional claims of fraud — rejected time and again by the courts — are not a difference of opinion. They are a conspiracy to overthrow democracy. 

Capitol chaos:Donald Trump and his supporters are trying to burn down America. But they won’t win.

The current state of affairs is much more than a political disagreement or a desire for the “truth” about the election. At worst, it is a last-ditch coup attempt by President Trump to undo an election that has been reviewed and determined to be valid, lawful and final. At best, it is an effort to make Americans believe it is patriotic to fight the foundations of our democracy, without any valid legal basis.

Political leanings aside, now more than ever, we must all find our common American ideology. Whether one leans left or right, I believe Americans fundamentally share a basic ideology that our president, legislators, and other leaders must be elected democratically. As Americans, we know that we are the greatest guardians of freedom that our world has ever known. But that freedom must remain — as always — in the hands of the voters.

Catherine Cherkasky (@CherkaskyKatie) is a military veteran, former special victims prosecutor and current criminal defense attorney who specializes in sexual assault defense.She is the co-owner of GoldenLawInc.com, a national news commentator and host of the podcast “Legally Bound.” Andrew Cherkasky (@CherkaskyLaw) contributed to this column. Follow them on YouTube at “Legally Blondish.”

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