November 28, 2020
The burden of proof should favor Trump in election fraud litigation
By Andrea Widburg
On Friday, President Trump tweeted something important. He asserted that Biden must prove that his votes did not result from fraud. People scoffed, but as a practical matter, Trump is correct.
Most people know about the different burdens of proof a plaintiff carries in court. In descending order of intensity, they are "beyond a reasonable doubt," "clear and convincing evidence," and "preponderance of evidence." Practically, speaking, what do those mean?
Imagine that the plaintiff and the defendant are on opposite sides of a tennis court. The plaintiff serves first.
With that first serve, the plaintiff has to get his evidence — his proof about the facts he's alleging — over the net onto the defendant's side of the court. If the case requires only a preponderance of evidence, the evidence just needs to clear the net. If the standard is clear and convincing evidence, it needs to go about halfway onto the defendant's side of the court. And if the plaintiff must prove something beyond a reasonable doubt, evidence must go to the farthest edge of the defendant's side.
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https://www.americanthinker.com/blog/2020/11/the_burden_of_proof_should_favor_trump_in_election_fraud_litigation.html
