It's not clear what Donald Trump's strategy will be if he takes the fight for the US presidency to court, an expert says, considering the courts have already ruled in favour of counting every postal ballot.
The incumbent US President falsely claimed victory on the night of the election, saying the counting of mail-in ballots - many of which couldn't be counted ahead of election day by law, and more of which will arrive after election day - was a "fraud on the American public".
He continued on Twitter, sharing debunked conspiracy theories about the vote and claiming election officials were "finding Biden votes all over the place", either unaware or pretending not to understand that's how vote-counting works.
Veteran journalist Simon Marks, the head of international broadcaster Feature Story News, told The AM Show on Thursday Trump's claims were simply not true.
"He insists all those votes are being fraudulently found. He calls them 'mail-in ballot dumps', but they are more traditionally simply called postal votes. They're being counted, and in Michigan, Wisconsin, Arizona and Nevada, they're giving the edge to Joe Biden...
"There is - just to be clear - no evidence at all, despite the President's repeated claims, that millions of ballots are fraudulently cast in America's presidential elections. It is not true. It does not happen. It hasn't happened this time around. His own top national security officials confirmed it's not an issue."
The Trump campaign has already made demands and legal threats in battleground states like Michigan and Wisconsin, trying to stop votes being counted.
"We're heading for a bit of a constitutional showdown here, if Donald Trump indeed continues to say this is all fraudulent and that he's going to go to the courts and try and get the courts to intervene," said Marks.
"But it's not clear that he's got a path there because we're talking about the same courts that infuriated him last week - including the Supreme Court - when it said to North Carolina and Pennsylvania for example - you must count postal votes, even if they arrive as much as seven and nine days after election day, provided they're postmarked on or before election day. It's not clear to me what the President's strategy is here."
Last week the US Supreme Court - a third of which was appointed by Trump - rejected Republican efforts to overturn rulings expanding the scope of time in which postal ballots could arrive. Marks said the fact Trump is talking about court battles suggests he's given up hope of winning on the initial vote count.
"The Joe Biden campaign, within the last couple of hours, have said that they now believe it is a foregone conclusion that Mr Biden will indeed pass that all-important 270 figure in the Electoral College and become America's next President. President Trump seems now to be conceding on Twitter that that may be where things are heading."
The fact Trump even has a chance of snatching victory through the courts will have disappointed many Democrats, who were bullish about the prospects of a landslide, based on polling.
Marks said they should be looking for new jobs. Before election day, many pollsters said they'd improved their methods since getting the 2016 result so wrong.
"[The landslide] has not come to pass, and it looks like the Republicans are going to keep control of the Senate - so the next problem for President Joe Biden is going to be, how on Earth is going to get anything done?"
Biden's problems, should he become President, won't be limited to dealing with a hostile Senate. Marks says many of his supporters will be falsely led to believe the election was rigged, and won't consider him a legitimate President.
That's despite Biden having more votes than not just Trump, but any other US presidential candidate in history - surpassing Barack Obama's record of 69.5 million in counting overnight.
