Monday, November 23, 2020

Alan Dershowitz: Trump has two or three possible constitutional paths to 2020 victory

Constitutional law professor Alan Dershowitz said President Trump has a limited number of strategies to change the results of the 2020 election.

During an interview with Fox News's Maria Bartiromo on Sunday, Derschowitz, who defended Trump during his impeachment trial earlier this year, said there are a maximum of three "legal, constitutional paths" to victory. However, he added the president's legal team will face a variety of challenges that he thinks will likely prevent the results from being overturned.

"For example, in Pennsylvania, they have two very strong legal arguments. One, that the courts changed what the legislature did about counting ballots after the end of Election Day. That's a winning issue in the Supreme Court. I don't necessarily support it, but it's a winning issue in the Supreme Court," Dershowitz said on Sunday Morning Futures, adding, "They also have a winning issue in the Supreme Court on equal protection, that some counties flawed ballots to be cured while others didn't. Bush v. Gore suggests that an Equal Protection argument can prevail."

Dershowitz gave a caveat to the second argument, saying President-elect Joe Biden's vote lead may prevent Trump's team from contesting a sufficient number of ballots.

"The other legal theory they have, which is a potentially strong one, is that the computers, either fraudulently or by glitches, changed hundreds of thousands of votes. There, there are enough votes to make a difference, but I haven't seen the evidence to support that," the constitutional expert said. "So, in one case, they don't have the numbers. In another case, they don't seem yet to have the evidence, maybe they do. I haven't seen it. But the legal theory is there to support them if they have the numbers and they have the evidence."


Trump would have done better to hire Dershowitz as his chief counsel instead of Guiliani who is, let us say, well past his prime, and he was always a better politician than lawyer. This in spite of Dershowitz's obvious character flaws. There are lots of other good lawyers out there. Trump seems to think celebrity equals competence. Of course, he'd have to pay up front, and that's probably an issue for Trump.

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