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Legal Commentary

: Althouse

"Your patience is commendable. We knew this was going to go long, but who knew we?re going to go into maybe tomorrow morning, maybe even longer. But look, we feel good about where we are."

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Said Biden in his super-short speech last night. He offers a basis for optimism to his supporters:
I?m here to tell you tonight, we believe we?re on track to win this election. We knew because of the unprecedented early vote and the mail-in vote it was going to take a while. We?re going to have to be patient until the hard work of tallying the votes is finished. And it ain?t over until every vote is counted, every ballot is counted. But we?re feeling good. We?re feeling good about where we are....
It's true that all the legally cast ballots need to be counted, but I can't believe they were "feeling good." Not unless they knew all along that the polls were wrong.
As I?ve said all along, it?s not my place or Donald Trump?s place to declare who?s won this election. That?s the decision of the American people. But I?m optimistic about this outcome.... Keep the faith guys, we?re going to win this.... Your patience is great.

Does he really believe it's not his place or Donald Trump?s place to declare who?s won this election? 

Just yesterday, I read in Axios: "If news organizations declare Joe Biden the mathematical president-elect, he plans to address the nation as its new leader, even if President Trump continues to fight in court." That's not leaving it to "the American people," but to the news organizations who have been bending over backwards to help Biden. 

Unlike Trump, Biden doesn't need to declare his own victory. 

The elite media will declare it for him if they can, but Biden wasn't planning to wait until the entire process of ballot-counting ended. He was planning to seize strategic advantage in the ballot-counting battle and "address the nation as its new leader" ? and that's more than Trump has done. 

Full post as published by Althouse on November 04, 2020 (boomark / email).

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