Cornyn says Congress has ‘no reason’ to overturn Electoral College, given Trump’s inability to show fraud

WASHINGTON — Texas Sen. John Cornyn, a senior Republican and adviser to the majority leader, said flatly Thursday that President Donald Trump has no realistic path to overturning the election.

a couple of people that are talking to each other: Sen. John Cornyn (R-TX), middle, talks with AISD Board President Geronimo Rodriguez, left, and Derrick Chubbs, CEO of the Central Texas Food Bank, at a food distribution center in Austin, Texas.

© Ken Herman/Austin American-Statesman/TNS
Sen. John Cornyn (R-TX), middle, talks with AISD Board President Geronimo Rodriguez, left, and Derrick Chubbs, CEO of the Central Texas Food Bank, at a food distribution center in Austin, Texas.

After weeks of court defeats, he noted, Trump’s legal team has yet to show evidence of fraud and ballot tampering despite claims of massive, widespread tampering that padded Joe Biden’s tally by hundreds of thousands if not millions of votes.

“It looks to me like a pathway for the president has narrowed if not closed,” Cornyn said.

And if Trump allies try to overturn the will of the Electoral College in Congress, they won’t find an ally in Cornyn.

“I know of no reason that would justify Congress not doing that,” the senator said in a call with Texas news outlets.

Members of the Electoral College meet Dec. 14 to cast ballots. Biden’s tally is 306-232. The half-dozen states where Trump mounted recounts and court challenges have all certified their votes.

By law, Congress meets Jan. 6 to certify that result, and that’s almost always a mere formality.

But some Trump supporters in the House have threatened to try to derail that, which requires at least one House member and one senator to object in writing. No senator has stepped forward so far to say they’d be willing to do that.

Cornyn has refrained from referring to Biden as the president-elect, or the winner. On Thursday’s call, he referred to him as “Former Vice President Biden” in discussing some of Biden’s picks for Cabinet and other senior posts. Asked directly whether he views Biden as president-elect, Cornyn said “no,” reiterating the stance he’s taken for weeks.

Only two Texas Republicans in Congress have explicitly acknowledged Biden’s victory. Rep. Will Hurd of suburban San Antonio did so as soon as Biden was declared the winner on Nov. 7. Rep. Kay Granger of Fort Worth said Nov. 20 that “it’s time to move on.”

Cornyn and Sen. Ted Cruz, along with 20 other GOP members of the House from Texas and seven incoming House freshmen have all refrained from acknowledging Biden’s win.

Thursday marked one month since Election Day. Saturday will mark four weeks since Biden’s victory became apparent, and the TV networks, Associated Press and other independent election analysts deemed him the winner, after results in Pennsylvania became clear enough to put him over the top—at least 270 out of 538 electoral votes.

As counting of mail ballots has continued, Biden’s lead in the popular vote has hit roughly 7 million.

Trump lost the popular vote by 3 million four years ago, though he notched the same electoral margin initially. His final margin was 304-227, because some electors refused to cast votes in line with their states’ voters.


©2020 The Dallas Morning News


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McEldrew Young Partner Eric L. Young Named “Lawyer of the Year” for 2020 by the Taxpayers Against Fraud Education Fund

PHILADELPHIA, Nov. 02, 2020 (GLOBE NEWSWIRE) — The law firm of McEldrew Young Purtell Merritt is pleased to announce that its co-founder and name partner, Eric L. Young, was honored as one of two “Lawyers of the Year” for 2020 at the 20th Annual Conference & Awards Ceremony of the Taxpayers Against Fraud Education Fund (“TAF”).  TAF also named James E. Miller of Shepherd, Finkelman, Miller & Shah, LLP, as a recipient of the award. TAF is the nation’s preeminent organization dedicated to combatting fraud against the government and advocating for stronger whistleblower protections. It also serves as a significant resource for whistleblowers and their attorneys who bring actions under the federal and state False Claims Acts, as well as the whistleblower programs of the IRS, SEC and CFTC.

Mr. Young and Mr. Miller were honored for their groundbreaking work representing three whistleblowers in two successful qui tam False Claims Act cases against two of the nation’s largest drug manufacturers − Novartis and Teva. Both cases were hard-fought and required substantial investments of time and resources for both law firms. In total, more than 100 depositions were taken across the nation, and over $6 million were advanced for expert fees and investigatory expenses in both cases.

Young and Miller’s work leading up the settlement in United States ex rel. Bilotta v. Novartis Pharmaceuticals, Corp., No. 11-CV-00071 (S.D.N.Y.) spanned more than a decade and was based on a qui tam complaint alleging that the drug maker violated the False Claims Act and the Anti-Kickback Statute by paying unlawful kickbacks to doctors who prescribed one of nine different cardiovascular drugs.

According to the allegations in the complaint, Novartis provided incentives to physicians, such as cash, meals, alcohol, hotels, travel and entertainment, as part of a sham speaker program that was in place at the company from 2002 to 2011.  At many of these speaking engagements, it was alleged that doctors were not required to make presentations, and there was typically minimal discussion about medical issues. As part of the settlement, Novartis entered into a corporate integrity agreement with the government which, among other things, placed strict limits on future remuneration paid to speakers as well as the amount of funding that could be allocated to speaker training programs.

Likewise, TAF recognized Young and Miller’s trailblazing work in an alleged kickback case against Teva Pharmaceuticals. The settlement in United States ex rel. Arnstein and Senousy v. Teva Pharmaceuticals USA, Inc., No. 1:13-cv-03702 (S.D.N.Y.) was also based on allegations that the pharmaceutical company paid illegal kickbacks to doctors as an incentive to write prescriptions for two drugs that treated multiple sclerosis and Parkinson’s disease. Notably, the government declined to intervene in this case and Young and Miller’s firms proceeded to litigate the case to a successful conclusion. As a result, the two whistleblowers received an award of 29% of the government’s recovery. In general, when the government intervenes in a False Claims Act case, a relator is eligible for

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