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Alan Dershowitz Says Supreme Court May Rule to Let Legislators Pick Alternate Electors
Epoch Times ^ | 12/07/2020 | Tom Ozimek

Posted on 12/07/2020 10:30:18 AM PST by SeekAndFind

Attorney Alan Dershowitz said on Sunday that he believes the Supreme Court may get involved in adjudicating on whether state legislators have the power to pick alternate Electoral College electors who would vote for President Donald Trump if legislatures determine there was voter fraud, even after an initial slate of electors has cast its votes on Dec. 14.

Dershowitz made the remarks in an interview with Fox News in which he was first asked about what he thought of claims made by Trump attorney Rudy Giuliani, who said there was a pattern of fraudulent activity that swayed the election in favor of Democrat Joe Biden.

“There certainly is probably cause for investigating and looking further. Giuliani has made very serious accusations. The question is which institution is designed constitutionally to look into it? Is it the state legislature? Is it the courts? Is the clock running in such a way that there won’t be time to look into this?” Dershowitz replied.

His reference to time running out presumably refers to the Electoral College Dec. 14 meeting, at which electors cast their presidential votes.

“The American public wants to know, is Giuliani correct or isn’t he correct. I don’t know whether we’ll find that out in time for the meeting of the Electoral College votes,” Dershowitz said.

Attorney Ken Starr, who also took part in the interview, said that a “bit of a nightmare” scenario has taken place in the form of claims of voter fraud relating to absentee and mail-in ballots and other irregularities.

“So what do we now do about it?” Starr said. “I think, to be honest, we’re running out of time, because the Electoral College meets on Dec. 14, so it’s going to take an extraordinary action by legislatures and so forth.

(Excerpt) Read more at theepochtimes.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: alandershowitz; anothercrapblog; contraindicated; election2020; electors; oftenwrong; scotus; thedersh
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And Rudy has rightly pointed to legislatures because therein lies the ultimate—other than the Supreme Court of the United States—ability to have an effect on the just-concluded election.”
1 posted on 12/07/2020 10:30:18 AM PST by SeekAndFind
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To: SeekAndFind

Bump


2 posted on 12/07/2020 10:32:10 AM PST by Guenevere (No weapon formed against you shall prosper, and you will refute every tongue that accuses you(Isaiah)
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To: SeekAndFind

With John Roberts running the show, not a chance!


3 posted on 12/07/2020 10:32:52 AM PST by I am Richard Brandon (who)
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To: SeekAndFind

It’s gonna take extraordinary action, for sure, but since we’ve already had an extraordinary election theft.... that would seem to be an appropriate response, eh?


4 posted on 12/07/2020 10:35:55 AM PST by alancarp
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To: SeekAndFind
“There certainly is probably cause for investigating …"

Sorry to be pedantic, but a fine lawyer like Dershowitz would certainly say "probable cause". Too bad the journalist is unfamiliar with the phrase.

5 posted on 12/07/2020 10:36:47 AM PST by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: SeekAndFind

The U.S. Constitution Art. II, Sec. 1, Cl. 2 authorizes the state to “appoint, in such Manner as the Legislature thereof may direct” the electors.

They don’t need SCOUTS permission. The State Legislatures already have constitutional authority to act here, as Rudy Giuliani rightly pointed out.

There’s way too much unconstitutional authority given to SCOTUS as though they were some kind of oligarchy.


6 posted on 12/07/2020 10:37:27 AM PST by Jim W N (uestion is how badly di the corrupt TDominion softer)
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To: I am Richard Brandon

RE: With John Roberts running the show, not a chance!

In fact, I think this is the perfect solution for John Roberts. He’s the man who refuses to take any stance that will be perceived as political at all.

Punting it back to the state legislatures is great way to say - “it’s not my responsibility to decide ... here, you decide it!”.


7 posted on 12/07/2020 10:38:26 AM PST by SeekAndFind
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To: ClearCase_guy

I didn’t know you were a pandemic. Hope you’re OK.


8 posted on 12/07/2020 10:38:31 AM PST by Jim W N (uestion is how badly di the corrupt TDominion softer)
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To: SeekAndFind

Electors have to be accepted and approved by congress before the winner becomes president-elect.


9 posted on 12/07/2020 10:39:02 AM PST by entropy12 (Stalin would have loved the Dominion machines.)
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To: Jim W N
"The U.S. Constitution Art. II, Sec. 1, Cl. 2 authorizes the state to “appoint, in such Manner as the Legislature thereof may direct” the electors.

They don’t need SCOUTS permission. The State Legislatures already have constitutional authority to act here"

Exactly right. This states' right, already exists.

10 posted on 12/07/2020 10:39:46 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: SeekAndFind

I don’t see that helping us.
How many of the contested states have ‘Pubbie legislatures, and now many of those legislatures have the guts to certify for President Trump?


11 posted on 12/07/2020 10:40:35 AM PST by Little Ray (The Left and Right no longer have anything in common. A House divided against itself cannot stand.)
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To: I am Richard Brandon

Just call it a tax and maybe Roberts will go along.


12 posted on 12/07/2020 10:42:09 AM PST by Leep (Save America. Lock down Joe Biden!)
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To: entropy12

Already Mo Brooks is saying he does not have any confidence in the integrity of the vote that took place in GA and other places.


13 posted on 12/07/2020 10:42:52 AM PST by OttawaFreeper ("The Gardens was founded by men-sportsmen-who fought for their country" Conn Smythe, 1966 )
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To: SeekAndFind
Attorney Alan Dershowitz said on Sunday that he believes the Supreme Court may get involved in adjudicating on whether state legislators have the power to pick alternate Electoral College electors who would vote for President Donald Trump if legislatures determine there was voter fraud, even after an initial slate of electors has cast its votes on Dec. 14.

If any legislature did select a competing slate of electors then I pretty much guarantee that the matter would wind up before the Supreme Court. Not hard to predict that one.

14 posted on 12/07/2020 10:44:02 AM PST by DoodleDawg
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To: SeekAndFind

So if SCOTUS says that legislatures can seat whatever electors they want despite the certified results, then that puts it back into the hands of the legislature. So at that point our only hope is with the spineless GOPe.


15 posted on 12/07/2020 10:44:40 AM PST by HandBasketHell
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To: SeekAndFind

Yes —- however No Supreme Court ruling is needed ——for state legislatures to name their electors


16 posted on 12/07/2020 10:45:38 AM PST by faithhopecharity (Politicians are not born, they are excreted. Marcus Tullius Cicero (106 to 43 BCE))
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To: SeekAndFind

It has been abundantly clear that very few state legislators have any desire to take this step.


17 posted on 12/07/2020 10:46:35 AM PST by Kevin C
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To: rxsid
Exactly right. This states' right, already exists.

It's not a "state right". It's the state legislators have a federal power.

18 posted on 12/07/2020 10:46:40 AM PST by FreeReign
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To: SeekAndFind

I wish I had more confidence in small-time, corrupt RINO state legislators.


19 posted on 12/07/2020 10:46:58 AM PST by 9YearLurker
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To: HandBasketHell
“So if SCOTUS says that legislatures can seat whatever electors they want despite the certified results, then that puts it back into the hands of the legislature. So at that point our only hope is with the spineless GOPe.”

Good luck with that. I have no confidence in the legislators.

20 posted on 12/07/2020 10:48:41 AM PST by circlecity
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