DETROIT — Bob Bauer, a legal adviser for President-elect Joe Biden's campaign, said Friday it's "not possible" for the Republican-controlled Michigan Legislature to redirect the state's electoral votes to President Donald Trump.
During a briefing for Biden's campaign, Bauer blasted the Republican president for holding a meeting with the Republican leaders of the Michigan House and Senate on Friday afternoon as the state prepares to certify its election results as early as Monday.
"It's an abuse of office," Bauer told reporters. "It's an open attempt to intimidate election officials. It's absolutely appalling."
Bauer served as White House counsel under former President Barack Obama. The former vice president won Michigan by 154,000 votes, or 51%-48%, or on Nov. 3, according to results that have been certified by all 83 counties.
Trump's campaign is claiming that there are enough "illegitimate ballots" in the state to swing the results, but the campaign hasn't provided evidence that would suggest the type of widespread fraud it's alleging. And a Wayne County judge has labeled the campaign's claims "not credible."
The Board of State Canvassers, which features two Republicans and two Democrats, is scheduled to meet Monday to discuss the certified county results and possibly vote on certifying the statewide election results, a key procedural step.
Amid all of the developments, House Speaker Lee Chatfield, R-Levering; Senate Majority Leader Mike Shirkey, R-Clarklake; and other Michigan lawmakers are expected to meet Friday afternoon with Trump in Washington, D.C.
Asked if the president would ask the Michigan Republican leaders to appoint pro-Trump electors, White House press secretary Kayleigh McEnany said Friday it is "not an advocacy meeting."
"There will be no one from the campaign there. He routinely meets with lawmakers from all across the country," McEnany said at a briefing.
Asked at what point Trump will concede, she pointed to ongoing litigation and that there are "very real claims out there," referencing affidavits filed by GOP observers in Wayne County.
"Two individuals on the canvassing board there that have declined to certify" the results, McEnany said. "These are real claims these individuals deserve to be heard on a system that's never been tried in American history — mass mail-out voting."
The two Republican canvassers voted to certify Wayne County's results after initially declining to do so. They demanded an audit of out-of-balance absentee counting boards as a condition of their certification vote.
Secretary of State Jocelyn Benson has said she will conduct an audit of certain Wayne County votes after the statewide certification of votes, which is required by law.
The president will not be successful in attempts to change the election's results, Bauer said.
"The popular vote governs," he said of Michigan. "That was the system in place on Nov. 3 and that is the system that is going to produce the slate of Biden-Harris electors."
Trying to change the fact is "not possible" and "not legal," Bauer said. It "cannot happen," he added. Likewise, Bauer said any attempt to delay the certification of Michigan's votes would ultimately not be successful.
"State law provides deadlines for votes to be certified and those deadlines are enforceable," he said.
The deadlines fall before Dec. 14, when the Electoral College meets.
"The attempt to delay may be undertaken but it won't be successful," Bauer said.
Norm Shinkle, a Republican member of the Board of State Canvassers, has said he anticipates making a motion next week for some kind of audit of the Nov. 3 election.
"We've got to dig deeper on the core issues here," Shinkle said. "We have to have an audit. The question is: How do you define that?
"I'm very much inclined to find out what happened for the sake of future elections in Michigan."
U.S. Rep. Fred Upton, who was the first House Republican to congratulate Biden on winning the election, criticized the effort to overturn Michigan's vote.
"I've not seeing any evidence of fraud that would overturn 150,000 votes," Upton told reporters Friday outside the U.S. Capitol.
Upton said he hadn't spoken to any of the Michigan legislative leaders coming to Washington to meet with Trump at the White House.
Upton also noted that the Michigan Legislature doesn't have the votes to override Democratic Gov. Gretchen Whitmer if it were to try to change the rules regarding the appointment of electors.
"As far as I know, the governor would have to sign that too. They don't have the votes to override her. That's just a dead end," Upton said.
He also cast doubt on the possibility the dispute over the election would end up in the U.S. House for lawmakers to decide.
"I think that's pretty much a long shot. I don't expect that to happen. I'm not a lawyer but I don't see judges overturning a certified election. Georgia is doing theirs today and they actually went back and hand counted," Upton said. "Again, no one has shown any evidence that would overturn the margin."
In a separate Michigan Democratic Party news conference, Rep. Debbie Dingell of Dearborn said Shirkey and Chatfield's meeting with the president is "totally inappropriate" and a move that "deeply, deeply concerns" her.
"When the president of the United States calls, most times, no matter who you are, you respond. But you don't respond when he's about to use you as a prop. Or worse yet, try to bribe you," Dingell said. "By accepting this meeting, the speaker and the majority leader are helping him undermine the will of the voters."
She also called on the Board of State Canvassers to certify the election results when they meet Monday, saying "there is no legal basis in fact" for them not to do so.
