Home U.S. Constitutional Possibilities for a Second Trump Term: Dershowitz

Constitutional Possibilities for a Second Trump Term: Dershowitz

Amid continuing suspicion of fraud in the 2020 U.S. presidential election, the Trump campaign has taken its objections to the projected results to the judicial arena. 

Alan Dershowitz, known for his scholarship on U.S. constitutional and criminal Law and an advocate of civil liberties, said that President Donald Trump has multiple constitutional options to win the presidential contest in 2020. 

However, his legal team will face significant hurdles in all of them, and there may not be enough time for the team to gather and file the necessary evidence. 

Speaking on Fox News’s Sunday Morning Futures program, Dershowitz said: “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.” 

“They have a winning issue in the Supreme Court on equal protection, that some counties flawed ballots to be cured while others did not. Bush vs Gore suggests that an Equal Protection argument can prevail,” he added. 

Referring to allegations of fraud associated with Dominion Voting Systems machines and servers, Dershowitz said: “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.”

‘The legal theory is there’

However, Dershowitz noted that he hadn’t yet “seen the evidence to support” the charge, but did not rule it out. 

“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 said that once the election is certified, “there is no legal route for undoing” it. However, if Trump’s legal team can collect experts and witnesses for cross-examinations and findings by the court in the short time they have, then their strongest case, if they have the evidence, is that computers may have turned out to be hundreds of thousands of votes.”

Then there is also the electoral vote in the House of Representatives, provided Trump can keep Biden’s electoral count below 270, which is a Republican majority,  Dershowitz said.

All representatives from the 50 states will cast their votes in sealed envelopes to be opened on Jan. 6 on the Senate Floor in a joint session of Congress where the votes are tallied. However, the final decision of the electoral college votes is up to the Supreme Court, which makes the ultimate decision on whether to accept or reject the votes.

In an interview with The Epoch Times, Rep. Mo Brooks (R-Ala.), a former prosecutor, said: “Congress has the absolute right to reject the submitted Electoral College votes of any state, which we believe has such a shoddy election system that you can’t trust the election results that those states are submitting to us, that they’re suspect.”

“And I’m not going to put my name in support of any state that employs an election system that I don’t have confidence in,” he added.

The electoral vote will be held on Dec. 14, and will be counted on Dec. 6. The new or incumbent president is to be sworn into office on Jan. 20, 2021. 

By Nadia Ghattas

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