It's been nearly a week since President-elect Joe Biden won the crucial swing state of Pennsylvania and its 20 electoral votes, bringing him above the 270 required to win the White House.
Breaking with centuries of tradition, President Donald Trump is refusing to concede and allow a transition of power to get underway.
Trump's team is following his lead, filing numerous lawsuits across multiple states falsely alleging voter fraud and other improprieties.
Meanwhile, media personalities on his campaign are amplifying the President's lies that widespread voting fraud tipped the election to Biden.
Senior Legal Advisor for the Trump campaign, Jenna Ellis, is continuing the Trump campaign's quixotic efforts to unconstitutionally secure a second term for their dear leader.
On Thursday, Ellis asked why Biden was "afraid" to prove that he won the election "legally and legitimately."
If Joe Biden is really confident he won legally and legitimately, why is he so afraid of proving it?— Jenna Ellis (@Jenna Ellis) 1605183957.0
Throughout Trump's numerous scandals, the term "burden of proof" has frequently been deployed from his defenders. It means that plaintiffs accusing a defendant of a crime are burdened with proving beyond a reasonable doubt that said crime was committed.
During the President's impeachment trial in the Senate earlier this year, the President's lawyers argued that the House impeachment managers had to prove that Trump improperly withheld congressionally approved aid from Ukraine for political benefit.
In the White House's own impeachment memorandum, Trump's defense team wrote:
"Senators should convict on articles of impeachment against a President only if they find that the House Managers have carried their burden of proving that the President committed an impeachable offense beyond a reasonable doubt."
Ellis herself wrote of the impeachment proceedings:
"[I]t's the Democrats' burden to prove their case. Much of the media spin over the past months since the impeachment inquiry has begun focused on how well the president would "defend himself." Although his team did an excellent job defending him, he doesn't actually have to."
The burden of proof is a basic legal standard, but apparently—according to Ellis—this standard argued by Trump's defenders doesn't apply to Biden.
People saw right through the absurdity of the argument.
Obviously a pretend lawyer. There was an election. Biden got the most votes. He won unless you can prove otherwise,… https://t.co/ggADqcScOn— Claire McCaskill (@Claire McCaskill) 1605216479.0
This is how misinformation works. They keep telling you to prove what has already been proven. Women being asked t… https://t.co/JR33Htt5dK— Uncle Efe (@Uncle Efe) 1605240586.0
This is what passes for a constitutional law attorney in the Trump administration. https://t.co/HFFoMcjZ3i— Morten Øverbye (@Morten Øverbye) 1605265951.0
This is a constitutional law attorney who advises Trump. This is why we can’t have nice things. https://t.co/Gr3JayEeD5— David James Peterson 🇺🇸 (@David James Peterson 🇺🇸) 1605205645.0
People soon demanded that Ellis "prove" things of her own.
Prove that widespread voter fraud DIDN'T happen. Why don't you prove that you've never kicked a puppy in the face… https://t.co/RCEVHITblC— Bekah Congdon (@Bekah Congdon) 1605202131.0
Please prove that you legitimately graduated school. https://t.co/Ws8u1eC7ps— Allison (@Allison) 1605217530.0
The Trump campaign has yet to prove the allegations of widespread voter fraud they're claiming.