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I believe that's true for the recount. Lawsuits do have real potential. If ballots were indeed opened against the rules without watchers there, a judge will throw those out.
You can't just throw away someone's vote because it was opened.
To even show that voter fraud changed the result, you would have to show that tens of thousands of votes were fraudulent, not a few that got misplaced or whatever. You can't really get to that without something systemic. Trump has a much better chance with faithless electorates than with contesting the votes.