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
A sane FR veteran speaks! This is correct.
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.
If SCOTUS had any such power, that would be true - but they don't. SCOTUS cannnot "disqualify Electors" once they are appointed, that's a reserved power of State Legislatures.
He should have canceled the elections ahead of time. He would have taken flak but would be in a stronger position now.
That’s what I thought... that each state gets a vote.
To me that is quite different than “a vote in the House”!
C’mon let’s gooooooOOOO!
The majority number of electors would be at 268 regardless because the number of electors (538) is set by law. In a contingency election the number of electors would be 535 because DC is not eligible to vote in a contingency election.
Correct.
And if Trump truly is convinced he has evidence that the election was stolen, fraudulent, it indeed is his responsibility as POTUS to NOT give the nation over to those who perpetrated the fraud.
So what does he do when the courts rule against him?
Could?
or
Will!
No, the number of electors is currently 538 as set by law. It would only be reduced to 535 because DC would be ineligible in a contingency election
‘Kemp’s in with Dominion, brought it to Georgia and allegedly taking kickbacks.
Wow. Is that true?? I hadn’t heard that before.”
Sidney Powell has mentioned that they have evidence that will take down some Republican gov’s also.
We shall see.
Those Republicans in Michigan backed off and reversed their position again, even after having their kids threatened.
I am proud of them. That takes courage.
SCOTUS has never disqualified electors. But it created a right of privacy to justify abortion. That was not in the Constitution. Right of privacy to kill a baby? As Biden would say, come on, man.
In this case, the argument may revolve around a fraudulent certification in a state denying equal protection of the law to perhaps up to 80 million people who voted for Trump. The power in naming electors is indeed left to the states, but it is Congress that can choose whether to accept them if there is a challenge. If they accept a state’s fraud, perhaps SCOTUS gets involved and sets an incredible precedent regarding the 10th Amendment. It really is important for state legislators to name competing electors. Will they have the guts to do it?
Yep, they said it. Equal protection of the law. They are going to argue not to allow a fraudulent certification to be counted.
I’m baffled and disgusted by the inaction of Gov. Brian Kemp... I thought he was a pro-Trumper??
He’s a bought and paid for GOPe stooge. The GOPe wants Trump gone and he does, too.
I wasn’t clear - the result of working on a tablet. You are correct. The number of electors does not change, but it is possible to win the presidency with fewer than 270 EVs, I believe.
Will death threats against Republican election officials or their children enhance their enthusiasm for Trump and the Republican Party? Some might act acquiescent in the moment, but would their support be unchanged over time?
A non-majority winner cannot be selected thru the normal meaning popular vote or whatever selection the state makes for choosing electors. Even thru a contingency election it has to be a majority I believe (State Delegations in the House)
They were coerced to sign.
They need to sue Wayne county & the state for not providing protection during the process. Also federal charges need to be brought against those doing the coercing.
This doesn't discuss kickbacks but nothing proven there so can't be reported until it is. Whether true about kickbacks or not, he sold out his state.
Isn’t he supposed to defend the Constitution against all enemies foreign and domestic? That’s what he and his team are doing.
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