Donald Trump’s refusal to concede the presidential election and his try and problem the leads to the courts has unsettled many Individuals, whereas dragging one of many world’s main democracies on to unfamiliar terrain.
However to veterans of the New York Metropolis actual property world, the president’s actions because the November Three election are acquainted, and per the playbook he honed for many years as a extremely litigious property developer.
Amongst its core tenets: by no means admit defeat, even once you’ve misplaced; sue — ideally with large, bombastic claims — even if you happen to don’t have a lot of a case; and hope that the ensuing chaos unnerves adversaries or throws up different, as-yet-unseen, alternatives.
“A courtroom is a place where he is comfortable, for better or worse,” mentioned a New York lawyer who had handled Mr Trump over time. “He wins, he loses, sometimes he gets his ass kicked.”
However, the lawyer mentioned, Mr Trump by no means concedes. “He can be falling to the mat at the end of the 15th round, and when the fight is over . . . he’ll be raising his hands in triumph, saying ‘I won the fight!’ and then, when the scorecard goes against him, ‘I was robbed! I want a rematch!’”
Michael Cohen — Mr Trump’s one-time fixer, who subsequently went to jail for, amongst different deeds, arranging funds to silence girls who claimed to have had liaisons with Mr Trump — described the president’s blitz of election lawsuits and unfounded claims of voter fraud as “Roy Cohn on steroids”.
Mr Cohen was referring to the previous chief counsel to Senator Joseph McCarthy’s anti-communist investigation committee, who tutored a younger Mr Trump in the best way to use litigation as warfare whereas representing the Trump household enterprise in a 1973 racial discrimination case introduced by the Division of Justice.
The federal government accused the Trumps of refusing to lease residences to black tenants. Somewhat than settle, Mr Cohn, who died in 1986, prodded Mr Trump to hit again with a $100m countersuit.
“He learned that the best defence is a good offence. And he learned that the way to do that is legally,” mentioned a New York actual property govt who has tangled with Mr Trump. “I don’t think he ever had a particularly impressive track record of winning anything. But he was sufficiently litigious that it was a deterrent.”
Even within the litigious blood sport of New York actual property, Mr Trump stood out. In 2016 USA Right now reported that Mr Trump and his companies had been concerned in not less than 3,500 circumstances over the earlier 30 years.
Mr Trump has sued everybody from his ex-wife to constructing contractors and tradesmen who labored on his luxurious towers and casinos to the rich Hong Kong buyers who bailed him out when he was overextended within the mid-1990s. He has even sued his attorneys.
“As it was then with bad faith lawsuits, so it is now,” mentioned Barry Schreibman, a semi-retired actual property lawyer whose agency studiously prevented Mr Trump. “Although now the goal isn’t chiselling down a bill, the motive is the same: to make a profit from chaos.”
The president has acknowledged his zest for authorized fight. At a marketing campaign occasion in 2016 he quipped: “Does anyone know more about litigation than Trump? I’m like a PhD in litigation.”
Mr Trump’s propensity for lawsuits has intersected with an explosion over the past 20 years in election litigation within the US. Lorraine Minnite, a political scientist at Rutgers College, traces that to the Bush vs Gore dispute in Florida in 2000.
“It’s kind of the lesson the Republican party learned with the 2000 election. Which is, in a tight election, [if] you don’t like the results, you can shift the election contest into the courts,” Prof Minnite mentioned.
Few authorized specialists count on Mr Trump’s election lawsuits to efficiently overturn the end result, however there have been different events when litigation has snatched him a victory of kinds from what appeared like certain defeat.
In November 2008, the monetary disaster was threatening a extremely leveraged, 92-story Chicago tower that was operating not on time. Deutsche Bank had given the Trump Group an extension on a $640m loan that was overdue. Now it was demanding that Mr Trump personally repay $40m of the debt.
Together with his again towards the wall, Mr Trump unleashed a authorized criticism shot via with chutzpah. The developer accused his longtime banker of “predatory lending” and accountability for the monetary disaster as he demanded $3bn in damages. He didn’t win in court docket, however the events ultimately settled. Deutsche granted Mr Trump an additional extension and later lent him extra money.
His targets now will not be banks or rival builders however the secretaries of state in Pennsylvania, Michigan and different swing states as he tries to have the election overturned, alleging irregularities and voter fraud. A number of of his fits have been thrown out, and election attorneys see faint prospect that the president can deprive Democratic nominee Joe Biden of the White Home.
Nonetheless, there are different issues in need of victory that Mr Trump would possibly hope to achieve, say individuals who know him. Chief amongst them is defending a model that’s constructed on the concept he’s the final word winner.
“I think he’ll drag it on and then he will find a way to claim that he’s doing this to heal the nation,” the true property govt predicted. “Within a few weeks, he will announce his new television network or series or whatever he’s doing.”
Requested if there was any circumstance beneath which Mr Trump would acknowledge defeat, the chief replied: “No! Oh, not at all. He will always claim to the end of his life that the election was stolen from him.”
Mr Cohen believed carrying on the battle was important for the president to stir his formidable base — whether or not to maintain a maintain over the Republican occasion within the coming years, or to boost cash for his political motion committee and authorized defence, or, as has been reported, to launch a conservative media community, or another enterprise.
“Donald Trump will never admit that he lost,” Mr Cohen mentioned. “His claims of illegitimacy of the election is fundamental to his larger goals of establishing a shadow, for-profit presidency at [his Florida resort of] Mar-a-Lago.”
The lawyer believed Mr Trump’s supporters have been encouraging his personal pugilistic instincts, and that he wouldn’t disappoint them. Ultimately, although, he anticipated Mr Trump to pivot.
“That’s the way Donald Trump always is,” the lawyer mentioned. “He plays for the win, but there’s always the moment he . . . sees the writing on the wall.”