Trump and Biden camps are bracing for the election to go into overtime. Meet 8 of the top attorneys Republicans and Democrats have tapped for the job.

joe biden donald trump jacob blake protests
Lawyers for Democratic presidential nominee Joe Biden and President Donald Trump are bracing for drawn-out court fights after the November election.
REUTERS/Leah Millis; REUTERS/Alan Freed; Insider

This story is available exclusively to Business Insider subscribers. Become an Insider and start reading now.

  • Democrats and Republicans are bracing for what's widely perceived as the worst possible, but entirely plausible outcome after November 3: another election that's decided by the courts.
  • Both parties are deploying unprecedented armies of election attorneys as the presidential race heats up.
  • Presidential elections always involve heaps of lawyers, but the frenzy of legal activity this year is unprecedented thanks to the COVID-19 pandemic and warnings from Democrats and Republicans alike that the other side is trying to limit voters' rights.
  • At least 328 pandemic-related election lawsuits have already been filed in 45 states, the District of Columbia, and Puerto Rico, according to Justin Levitt, a Loyola Law School professor who's been tracking the cases.
  • In preparation for more court brawls, campaigns are turning to party loyalists and veteran election law experts as they prepare for an election that could end up before the Supreme Court.
  • Visit Business Insider's 合约数字币和虚拟币homepage for more stories.

Lawyers on both sides are ready for election fights to go into overtime in the courts.

The Biden and Trump campaigns, as well as party committees, have amassed armies of swing-state attorneys to be ready for any other legal issues that arise on Election Day. 

Hundreds of voting lawsuits have already been filed by lawyers in almost every state on topics like who gets mail-in ballots, who delivers them, and when people can vote. 

At least 328 lawsuits related to changes in voting practices due to the pandemic have been filed in 45 states, the District of Columbia, and Puerto Rico, according to Justin Levitt, a Loyola Law School professor who's been tracking the cases. 

Election law experts say this frenzy of legal activity is extraordinary, propelled both by the COVID-19 pandemic and questions — often raised by President Donald Trump — about the legitimacy of the election.

Political insiders are bracing for what's widely perceived as the worst possible, but entirely plausible outcome: another election that's decided by the courts. Republicans hustled to confirm Justice Amy Coney Barrett to the US Supreme Court prior to the election, and Trump has said he expects the high court to determine the outcome of the presidential contest. Barrett during her confirmation hearing wouldn't commit to recusing herself from an election dispute. 

"It's never been harder to predict what's going to happen," said James Gardner, an election law professor at the University at Buffalo School of Law. "What you hope is that it won't be decided in court because the verdict of the voters will be very clear, but everything is being done to muddy the waters in advance, and I'm sure everything will be done to muddy the waters at the end." 

Trump is turning to legal masterminds that include longtime GOP insiders and party loyalists who have defended the president in other high-profile cases. Joe Biden and others in his party are relying on veteran Democratic election law experts, including Hillary Clinton's presidential campaign general counsel and a former Federal Election Commission chairman. 

A few could become household names and cable news regulars if the election drags into overtime. Depending on who wins, they might also score top White House jobs or court appointments. 

Some of the lawyers who worked on the 2000 Bush v. Gore case went on to score high-powered gigs in presidential administrations. Supreme Court Chief Justice John Roberts and Justice Brett Kavanaugh were on Bush's legal team in Florida, for example. Democratic lawyers who represented Gore in 2000 worked in the Obama White House. 

Here are the key legal warriors preparing for what could be the biggest election law battle ever.

Marc Elias, Democrats’ election law guru

Attorney Marc Elias outside of Sandra Day O'Connor United States Courthouse in Phoenix, AZ, on Wednesday, Aug. 3, 2016, after the hearing for his lawsuit against Arizona over voting rights. Elias is the general counsel for the Hillary Clinton campaign.
Marc Elias is a veteran of election recounts. No Democratic election law practitioner cuts a higher profile.
David Jolkovski for The Washington Post via Getty Images

No Democratic election law practitioner cuts a higher profile, making numerous national media appearances and endlessly tweeting updates about court filings and Democrat-backed legal actions to his nearly 150,000 Twitter followers.

And if post-election matters get messy, expect Elias to throw liberals' biggest punches in the middle of the legal mosh pit.

Elias and his colleagues at law firm Perkins Coie LLP work with a host of Democratic interests, including the Democratic National Committee and pro-Biden super PACs such as Democracy PAC, PACRONYM, and Priorities USA Action. He also served as general counsel for Sen. Kamala Harris' presidential campaign, which the now-vice presidential nominee suspended in late 2019. 

Perkins Coie has already earned tens of millions of dollars during the 2019-2020 election cycle from its dozens of political clients combined, according to FEC records.

Elias is personally involved in numerous 2020 election-related lawsuits. He is also the founder of Democratic Party-backed Democracy Docket, which describes itself as "the leading platform for progressive advocacy and information about voting rights, elections, redistricting and democracy."

"TODAY we won 5 lawsuits. We are winning, Trump is losing!" Elias tweeted on October 23. 

Elias is a veteran of numerous post-election court battles, having notably — and successfully — represented Al Franken in his 2008 U.S. Senate ballot recount fight. Elias also led the 2018 post-election recount efforts for Sen. Bill Nelson, and predicted that the Florida Democrat would win reelection against Republican challenger Rick Scott. Nelson ultimately lost. 

William Consovoy, GOP litigator

William Consovoy, President Donald Trump's attorney, leaves the federal courthouse in Washington, Friday, July 12, 2019. Attorneys for President Trump are making arguments before a federal appeals court in an effort to block Congress from obtaining some of his financial records. A lower court already ruled that the House's subpoena of Trump financial records is a valid exercise of legislative power, but Trump’s attorneys have appealed.
William Consovoy is seen as a rising star among conservative lawyers.
AP Photo/Manuel Balce Ceneta

Consovoy, a conservative legal star known for his efforts to keep Trump's tax returns private, has been key to the GOP's election litigation strategy. 

While fighting against a subpoena for Trump's tax returns last year, Consovoy argued to a federal appeals court that even if the president shot someone on Fifth Avenue in New York, he could not be punished while he was still in office. He argued that ities would have to wait until Trump was no longer president to arrest and charge him. 

The boutique law firm Consovoy McCarthy PLLC — headed by Consovoy and Thomas McCarthy — has been central to GOP litigation against state efforts to expand vote-by-mail in light of the pandemic. 

Trump's presidential campaign and the Republican National Committee have paid Consovoy's firm $1.8 million for legal services since October 2019, according to campaign finance records. 

Matthew Morgan, Trump campaign general counsel

Matthew Morgan
Matthew Morgan became the Trump campaign's top lawyer in July after serving as director of election litigation and legislation.
Photo credit: Donald Trump relection campaign

As the Trump campaign's top lawyer, Morgan is a key player in the legal fights in battleground states and elsewhere around the country. 

"Democrats are working to shred election integrity measures one state at a time, and there's no question they'll continue their shenanigans from now to November and beyond," Morgan told Insider in a statement. "The Trump campaign is fighting to ensure every valid ballot across America counts as we work to deliver the free and fair election Americans deserve. Republicans are preparing every day for the fight and will be ready on Election Day and after."

Morgan became the Trump campaign's top lawyer in July; he was previously the director of election litigation and legislation. Before joining the Trump campaign earlier this year, he was a lawyer in the White House. He has also served as a deputy assistant to Trump and a deputy chief of staff to Vice President Mike Pence. 

Dana Remus, Biden campaign general counsel

As the Biden campaign's top lawyer, Remus is charged with overseeing a variety of internal and external legal matters.

It's a big job. The Biden campaign, which declined to make Remus available for an interview, noted to Insider that thousands of lawyers and volunteers throughout the country are working to ensure all eligible voters can vote and that their votes will be counted.

In what esteem does the Democratic Party hold Remus? President Barack Obama officiated at her wedding in 2018. Prior to joining the Biden campaign, Remus served as general counsel for the Obama Foundation, the former president's charitable operation, and in Obama's White House.

While she fights to defeat Trump, Remus isn't averse to working with conservatives.  

For example, she last year co-taught a Duke University law class with Sen. Mike Lee, a Utah Republican, titled "Lawyers Branching Out: The Courthouse, the Capitol, and the White House."  

Early in her career, Remus clerked for US Supreme Court Justice Samuel Alito Jr., one of the court's most consistently conservative judges whose vote could help decide 2020 election results should a fight escalate to the high court. 

Justin Riemer, Republican National Committee's chief counsel

The Republican National Committee's top attorney has been wary of state efforts to send unsolicited ballots to all registered voters. 

"As many experts have warned, most states are not ready to flip a switch to all vote-by-mail," Riemer told CNN. "Not only does it invite fraud and needlessly delay election results, it also risks disenfranchising voters and causing complete chaos for November." 

Riemer was a top lawyer at the Education Department, where he worked for Secretary Betsy DeVos. He was also deputy secretary at the Virginia State Board of Elections and was associate counsel to then-Arizona Sen. John McCain's 2008 presidential campaign. 

Robert Lenhard, Biden campaign lead outside counsel

Robert Lenhard
Robert Lenhard leads a team of lawyers at law firm Covington & Burling LLP who provide outside legal counsel to the Biden campaign.
(Photo By Douglas Graham/Roll Call/Getty Images)

Lenhard leads a team of lawyers at law firm Covington & Burling LLP who provide outside legal counsel to the Biden campaign. 

From the beginning of the 2020 campaign through July, the Biden campaign spent more than $1.2 million for the firm's legal services, FEC records indicate. 

Lenhard is a former FEC commissioner, serving as chairman in 2007. He's also worked as an attorney for the American Federation of State, County and Municipal Employees — a major Biden backer.

Lenhard also took part in the court fight over absentee ballots in Seminole County, Florida, as the fate of the 2000 presidential election hung on that state's vote recount.

Rudy Giuliani and Jay Sekulow, Trump attorneys

Rudy Giuliani and Jay Sekulow
Rudy Giuliani and Jay Sekulow are two of Trump's top lawyers.
Jim Watson/Getty Images; AP Photo/J. Scott Applewhite

Expect two of Trump's closest legal allies to get involved in any major election dispute. 

Trump asked his personal attorney Rudy Giuliani to oversee a post-election legal battle in the courts, the Daily Beast reported. The president also suggested he wants Jay Sekulow, another personal attorney who defended him during impeachment proceedings, involved in any court fights. 

"I want Jay and Rudy on this," Trump said in a private conversation over the summer, one source told the Daily Beast.