Hart could then have gone to court in Iowa, but rather than use the proper legal channels, she decided to wait two months and go instead to the Democratic majority in the House to overrule the recount. She has been represented in this effort by Marc Elias, the Democratic Party’s chief election lawyer, who is essentially asking his own clients to rule in his current client’s favor. The Des Moines Register called in December for Hart to drop her challenge and concede once she refused to subject her challenges to the scrutiny of the Iowa courts.
This should all have ended four months ago, when Hart declined to present her case in court. Instead, taking a page from Donald Trump’s playbook, Hart and Elias want Congress to substitute its own political judgment for the rule of law. The House has the power to judge the election of its members, but Miller-Meeks’s lawyers argued that the House has traditionally required challengers contesting the seating of members to first go through their state’s legal process. Hart didn’t.