One of the authors of Lost, Not Stolen, longtime Republican election lawyer Benjamin Ginsberg, testified before the Select Committee that "in no instance did a court find that the charges of fraud were real," without variation based on the judges involved.[87] Indeed, eleven of the judges who ruled against Donald Trump and his supporters were appointed by Donald Trump himself.
One of those Trump nominees, Judge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit, rejected an appeal by the Trump Campaign claiming that Pennsylvania officials "did not undertake any meaningful effort" to fight illegal absentee ballots and uneven treatment of voters across counties.[88] Judge Bibas wrote in his decision that "calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here."[89] Another Trump nominee, Judge Brett Ludwig of the Eastern District of Wisconsin, ruled against President Trump's lawsuit alleging that the result was skewed by illegal procedures that governed drop boxes, ballot address information, and individuals who claimed "indefinitely confined" status to vote from home.[90] Judge Ludwig wrote in his decision, that "[t]his Court has allowed plaintiff the chance to make his case and he has lost on the merits" because the procedures used "do not remotely rise to the level" of breaking Wisconsin’s election rules.[91]
Nor is it true that these rulings focused solely on standing, or procedural issues. As Ginsberg confirmed in his testimony to the Select Committee, President Trump's team "did have their day in court."[92] Indeed, he and his co-authors determined in their report that 30 of these post-election cases were dismissed by a judge after an evidentiary hearing had been held, and many of these judges explicitly indicated in their decisions that the evidence presented by the plaintiffs was wholly insufficient on the merits.[93]
Ultimately, even Rudolph Giuliani and his legal team acknowledged that they had no definitive evidence of election fraud sufficient to change the election outcome. For example, although Giuliani repeatedly had claimed in public that Dominion voting machines stole the election, he admitted during his Select Committee deposition that "I do not think the machines stole the election."[94] An attorney representing his lead investigator, Bernard Kerik, declared in a letter to the Select Committee that "it was impossible for Kerik and his team to determine conclusively whether there was widespread fraud or whether that widespread fraud would have altered the outcome of the election."[95] Kerik also emailed President Trump's chief of staff on December 28, 2020, writing: "We can do all the investigations we want later, but if the president plans on winning, it's the legislators that have to be moved and this will do just that."[96] Other Trump lawyers and supporters, Jenna Ellis, John Eastman, Phil Waldron, and Michael Flynn, all invoked their Fifth Amendment privilege against self-incrimination when
