Rudy Giuliani Says Path for Election Fraud Suits Runs Through State Courts

After the U.S. Supreme Court declined on Friday to hear an election fraud lawsuit brought by the state of Texas, President Donald Trump's personal attorney Rudy Giuliani said the next step would be taking his evidence to state courts.

Texas Attorney General Ken Paxton filed the lawsuit against four battleground states—Michigan, Pennsylvania, Georgia and Wisconsin—alleging that election rules had been illegally altered in those states. Specifically, Paxton alleged that the electors in those states had been chosen via an invalid process and asked that they be prevented from casting their votes in the Electoral College.

President Donald Trump, who has claimed baselessly that the election was tainted by widespread fraud, requested to join the lawsuit. More than 100 Republicans in the House of Representatives signed a brief supporting the litigation. However, the Supreme Court denied Texas's authority to file the lawsuit.

Giuliani told Sean Hannity on his Fox News program Friday night that the battle to keep Trump in the White House was not over.

"The legal path [is] in the state courts and you have to hope that the justices in the state court are going to show somewhat more determination, somewhat more willingness, to be willing to take some degree of criticism and somewhat more willingness to have an open mind," Giuliani said.

"That's all we're asking to do," Giuliani continued. "We're just asking them to hear the facts. Let the American people—let the American people hear the facts and let the judges hear the facts. So far the facts have been oppressed. They've been subject to censorship—censorship by big media, censorship by big tech, censorship by the Democrat Party and censorship by the courts. No court has granted a hearing."

"Listen to the facts," Giuliani added. "What are you so afraid of?"

rudy giuliani continues legal battle for trump
President Donald Trump's personal attorney Rudy Giuliani said that, after the U.S. Supreme Court declined to hear a Texas lawsuit alleging election fraud in other states, that he would take his case to the lower courts. Jeff Kowalsky/AFP/Getty

In its Friday decision, the Supreme Court said the State of Texas had a "lack of standing" to file its complaint.

"Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its election," the ruling read. "All other pending motions are dismissed as moot." Justices Clarence Thomas and Samuel Alito dissented with the decision.

Some Republicans implied that the Supreme Court decision would have a negative historical impact. Giuliani said Friday that unless state courts agree to listen to the evidence, "this will be a scandal that will stand in American history."

"This decision will have far reaching ramifications for the future of our constitutional republic," wrote Republican Party of Texas Chairman Allen West in a Friday statement. "Perhaps law-abiding states should bond together and form a Union of states that will abide by the constitution."

Trump's allegations have election fraud have been decried by many as unsubstantiated. Multiple lawsuits filed on behalf of Trump's re-election campaign have been dismissed by state courts for lack of evidence.

Trump has yet to formally concede the election to President-elect Joe Biden. Despite Trump's attempts to prevent some electors from casting their votes, all 50 states have certified their election results. The Electoral College is expected to meet on Monday.

According to the Associated Press, Biden won both the popular vote and the electoral vote. While Trump received 46.9 percent of the popular vote and the accompanying 232 electoral votes, Biden won 51.4 percent of the popular vote and 306 electoral votes. A candidate must win 270 or more electoral votes to be considered the winner of the election.

Newsweek reached out to Biden's transition team for comment.