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Liberal Law Professor Alan Dershowitz Explains How Trump Could Come Out Victorious
Townhallcom ^ | November 18 | Beth Bauman

Posted on 11/18/2020 9:09:45 PM PST by Kaslin

Liberal law professor Alan Dershowitz on Tuesday laid out the Trump campaign's legal strategy for winning the White House through a number of legal challenges. According to Dershowitz, the strategy is to pull electoral votes away from former Vice President Joe Biden.

"The clock is a double-edged sword in this election because if they don't have enough time but if they can put forward a sufficiently strong case then they may be able to get some Republican Secretaries of States or legislatures to say, 'Look, we just don't have enough time to certify these electors' and if they can bring down the number of electors, 35 [to] 37, from the 305 and bring it down to 267 or 268 then the election goes to the House, where the Republicans win," he explained.

Dershowitz explained that the Trump Team's legal strategy is to pull enough electors away from Joe Biden that he doesn't meet the 270 threshold by the time the election needs to be certified. He also said there's no possible way for President Trump to get to 270 electoral votes in time.

"The goal is to prevent Biden from getting 270, that's why the clock is a double-edged sword," he said.

According to the Harvard professor, Bush v. Gore will be referenced if and when the Trump campaign's case makes its way to the Supreme Court. The reason: Trump's Team is focusing on the Equal Protection Clause. Their argument is that not all voters were treated equally because some had their ballots counted with an observer while others didn't. Some had rules set by other government officials and not the state legislatures, which the Supreme Court ruled against.

In order for these cases to make their way to the Supreme Court, Dershowitz said "the numbers have to be there," meaning the Trump Team successfully pulls electors away from Biden so the former vice president is no longer at the 270 threshold. The other option is for Trump's lawyers to provide "hard evidence" of irregularities occurring with voting machines, which could call into question hundreds of thousands of votes in various states.

"If that happens, then yes, it will go to the Supreme Court," Dershowitz said. "I think at least under the Constitutional challenge, the Article 2 challenge in Pennsylvania, they have a pretty good chance of winning."

Election Special with John Solomon


TOPICS: Culture/Society
KEYWORDS: 2020election; alandershowitz; donaldtrump; election2020; joebiden; johnsolomon; trump
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1 posted on 11/18/2020 9:09:45 PM PST by Kaslin
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To: Kaslin

He nailed it. Republicans should do everything they can to block the certification of the election.

I still can’t believe that two Republicans voted to certify the election in Detroit. Morons. If Trump goes down they are next.


2 posted on 11/18/2020 9:23:42 PM PST by Helicondelta (Deplorable)
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To: Kaslin

Interesting ...


3 posted on 11/18/2020 9:25:34 PM PST by BunnySlippers (I Love BULL MARKETS!)
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To: Helicondelta

https://freerepublic.com/focus/f-news/3907442/posts


4 posted on 11/18/2020 9:26:41 PM PST by Signalman
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To: Kaslin

This is a good article.

I’m furious at Georgia’s governor and secretary of state. They’re doing everything they can to put Biden over the top.


5 posted on 11/18/2020 9:27:39 PM PST by Mr. N. Wolfe
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To: Helicondelta

RESCENDED!

https://freerepublic.com/focus/f-news/3907443/posts


6 posted on 11/18/2020 9:32:51 PM PST by matthew fuller (No more Fox News- AKA SOROS/FOX As The World Turns.....)
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To: Mr. N. Wolfe

I’m baffled and disgusted by the inaction of Gov. Brian Kemp... I thought he was a pro-Trumper??


7 posted on 11/18/2020 9:34:55 PM PST by nutmeg (Mega prayers for Rush Limbaugh)
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To: nutmeg

Maybe given an offer he couldn’t refuse.


8 posted on 11/18/2020 9:39:26 PM PST by Gene Eric (Don't be a statist!)
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To: Mr. N. Wolfe

“...I’m furious at Georgia’s governor and secretary of state. They’re doing everything they can to put Biden over the top....”

They have to because they’re neck deep in this Dominion BS.
Their only recourse to survival is if PedoJoe is POTUS.


9 posted on 11/18/2020 9:42:37 PM PST by lgjhn23 (Libs are a virus.....the DemoVirus!!)
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To: Kaslin

“they have a pretty good chance of winning.”

To those smarty-pants who have been saying it’s over, nothing is over!


10 posted on 11/18/2020 9:46:06 PM PST by conservative98
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To: Gene Eric

“Maybe given an offer he couldn’t refuse.”

Or a threat he couldn’t defy.


11 posted on 11/18/2020 9:46:26 PM PST by bluejean (Living one day at a time in the national psych ward.)
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To: Kaslin

bookmark


12 posted on 11/18/2020 9:47:29 PM PST by GOP Poet (Super cool you can change your tag line EVERYTIME you post!! :D. (Small things make me happy))
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To: conservative98

No one not suffering from a severe mental handicap is stupid enough not to see and recognize that the dems are toast.

Spreading black pills and defeatism for Trump is shilling for and supporting Biden.

Only pedophiles and degenerate sub-human scum support Biden.


13 posted on 11/18/2020 9:48:42 PM PST by Grimmy (equivocation is but the first step along the road to capitulation)
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To: Kaslin; AJFavish

AJ Favish and I have discussed this at length.

FROM THE 12TH AMENDMENT: The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;-The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President



Dershowitz may be missing something. He may be correct that if a state does not have its electors chosen in a timely manner for whatever reason, and no one gets 270, it goes to the one state one vote rule.

But consider the following.

SCENARIO 1: Unlikely, but a state does not certify on time, it has no electors to send, Biden loses sufficient electors, and he does not reach the 270.

SCENARIO 2: All states submit electors but the Supreme Court throws out a state or states and Biden does not get 270.

“...a majority of the whole number of electors appointed...”

If some electors were not appointed for some reason, it seems that the number needed would be less than 270. But if all states appointed electors and some were were ultimately disqualified by SCOTUS because it was proven than the state fraudulently certified the election, it would seem that the number would stay at 270.


14 posted on 11/18/2020 9:56:09 PM PST by doug from upland (Why the hell isn't Hillary Rodham Clinton in prison yet?)
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To: Helicondelta

“I still can’t believe that two Republicans voted to certify the election in Detroit. Morons. If Trump goes down they are next.”

Those two R’s withdrew their certifications today. They had been threatened. And then the MI SOS reneged on the promise for a full audit.


15 posted on 11/18/2020 10:01:35 PM PST by SecAmndmt (Arm yourselves!)
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To: nutmeg

Kemp’s in with Dominion, brought it to Georgia and allegedly taking kickbacks.


16 posted on 11/18/2020 10:01:40 PM PST by Kenny
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To: Mr. N. Wolfe

If Lin Wood’s suit does what he claims they’re neutered, Trump gets GA’s EVs, the runoffs are cancelled and everything down ticket gets a redo under the real election rules. After which the new legislature can impeach those neutered.


17 posted on 11/18/2020 10:03:32 PM PST by JohnBovenmyer (Dewey eyed Joe lost )
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To: Gene Eric
Maybe given an offer he couldn’t refuse.

I'll bet he noticed the threats to the family of the Michigan board member who had decided not to certify the vote but later changed her mind.

18 posted on 11/18/2020 10:07:30 PM PST by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: Helicondelta

They took it back


19 posted on 11/18/2020 10:27:24 PM PST by Aria (- )
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To: nutmeg

I’m baffled and disgusted by the inaction of Gov. Brian Kemp... I thought he was a pro-Trumper?

Xxxxxxxxxxxxxxxxxxxxxxxxx

Never


20 posted on 11/18/2020 10:32:29 PM PST by thinden (I’m baffled and disgusted by the inaction of Gov. Brian Kemp... I thought he was a )
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