Rove wrote that Trump would need to “prove systematic fraud, by illegal votes in the tens of thousands. There is no evidence of this yet. Unless some emerge quickly, the president’s chances in court will drop rapidly as states begin to believe the results.”
“Ending these elections will be a difficult but necessary step towards restoring some unity and political balance,” he added. “Once his days in court are over, the president must do his part to unify the country by leading a peaceful transition and abandoning grievances.”
In court, Republicans and the Trump campaign did not present any of the kinds of serious legal challenges that could lead to a recount or challenge the vote count on large numbers of votes on battlefields in Pennsylvania, Michigan, Nevada, Arizona and Georgia.
In order to use the courts to win the presidential election, Republicans and the Trump campaign will need to challenge enough votes in court to turn a losing case in their favor.
“That’s a standard they haven’t come close to yet,” Ben Ginsberg, a longtime Republican attorney and CNN analyst, told CNN correspondent Jake Taber.
And while the White House offers little formal or explicit guidance, it has declared across the federal government that no steps should be taken that would mean Trump’s loss in the election, according to people familiar with the matter.