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 ...
Bump
With John Roberts running the show, not a chance!
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?
Sorry to be pedantic, but a fine lawyer like Dershowitz would certainly say "probable cause". Too bad the journalist is unfamiliar with the phrase.
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.
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!”.
I didn’t know you were a pandemic. Hope you’re OK.
Electors have to be accepted and approved by congress before the winner becomes president-elect.
They don’t need SCOUTS permission. The State Legislatures already have constitutional authority to act here"
Exactly right. This states' right, already exists.
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?
Just call it a tax and maybe Roberts will go along.
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.
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.
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.
Yes —- however No Supreme Court ruling is needed ——for state legislatures to name their electors
It has been abundantly clear that very few state legislators have any desire to take this step.
It's not a "state right". It's the state legislators have a federal power.
I wish I had more confidence in small-time, corrupt RINO state legislators.
Good luck with that. I have no confidence in the legislators.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.