Dershowitz: Trump has 'constitutional paths' to pursue in court cases, will likely come up short

Dershowitz: ‘Legal theory’ supports election lawsuits but evidence is crucial

Harvard Law professor emeritus Alan Dershowitz gives his analysis on the state of election lawsuits on ‘Sunday Morning Futures.’

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.

The allegation that does cover enough numbers, Dershowitz said, is the one that the Dominion computer systems were compromised to the degree that hundreds of thousands of ballots were affected.

"There, there are enough votes to make a difference but I haven't seen the evidence to support that," he said. "So in one case they don't have the numbers, in the other case they don't seem yet to have the evidence, maybe they do, I haven't seen it. But the legal theory is there to support them if they have the numbers and they have the evidence.

Trump campaign attorney Sidney Powell has insisted that the evidence is coming, but Dershowitz said she's running out of time to produce it because she would need to file a complaint and have hearings in order to prove her case before the Electoral College meets on Dec. 14.


Powell has claimed that she has longer than that, but Dershowitz stated that he does not believe there is any basis for that claim.

"Once the electors are certified, and once they cast their vote I can't see any legal route to undoing that, even if they were to find fraud later on," he said. "There's certainly nothing in the Constitution about that."

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