Constitutional law professor Alan Dershowitz recently stated during an interview with Fox News host Maria Bartiromo that President Trump has two, maybe three possible paths to victory in the 2020 presidential election.
While Dershowitz said these paths exist, he also stated that Trump’s legal team would have a very difficult time getting around certain challenges, ultimately meaning they will not likely be able to overturn the results.
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“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.”
“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.”
Dershowitz noted the Trump campaign is pressed for time to prove their case on voter fraud. “You need to have witnesses, experts subject to cross-examination, and findings by a court,” he said, noting that once the election is certified, he sees no “legal route to undoing that.”
“Notwithstanding the fact that there are legal paths to potential victory, I don’t think that the election is going to be reversed based on the numbers that I see at the moment and based on the fact that I haven’t seen the evidence. Their strongest case, if they have the evidence, is that computers may have turned hundreds of thousands of votes,” the constitutional professor said.
The big takeaway from all of this is that there are indeed still paths to victory for Trump. In other words, the fat lady hasn’t sung her dirge just yet, so we shouldn’t be too despondent.
And while Dershowitz believes these strategies will ultimately fail to overturn results, that doesn’t mean he’s correct. Anything can happen in an election cycle like our own.