Harvard Law Professor Emeritus Alan Dershowitz said Sunday that while President Trump has a number of legal theories he can pursue in his efforts to swing the 2020 election result in his favor, it does not appear likely that these efforts will be successful.
Dershowitz, who was on Trump’s legal team during his impeachment, told Fox News’ “Sunday Morning Futures” that there are several avenues that Trump could take, but that even those options currently appear limited in their ability to secure an election victory.
“They have two or three legal, constitutional paths,” Dershowitz said. The first one he addressed was in a case out of Pennsylvania, where Republicans are fighting against a state court decision that extended the deadline for accepting mail-in ballots beyond what had been specified by state law. Dershowitz said that the argument that the court usurped the legislature’s power could be a winning one with the Supreme Court.
Another argument that could work in Trump’s favor, Dershowitz said, is based on the allegation that in Pennsylvania Democratic voters were allowed to fix problems with their ballots, but Republicans were not permitted to do so. He said this could be a viable and potentially successful Equal Protection argument.
The big problem with these cases, Dershowitz said, is that they do not address a large enough number of votes to overcome Biden’s current lead in Pennsylvania, and would thus not help Trump win the election.
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