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Tags: alan dershowitz | electoral college | lawsuits | campaign | legal challenges

Alan Dershowitz to Newsmax TV: Lawsuits Should Have Come Before Election

By    |   Saturday, 05 December 2020 11:03 AM EST

With the pre-electoral college time crunch weighing, the Trump campaign might have cost itself by not bringing election challenge lawsuits forward even before the contest presidential election, according to constitutional law expert Alan Dershowitz on Newsmax TV.

"He's on the 10-yard line with two minutes to go, with a great playbook but lacking some of the players and having the officials against him, and the clock's ticking," Dershowitz told "Saturday Report," saying "some of the complaints that they have are complaints that were available to them before the knew the result."

"He should have brought some of these lawsuits before the election or immediately after the election. Time is very much against him. He really only has before Dec. 14."

The "wholesale" election lawsuits should be brought before the U.S. Supreme Court, "but he has no real chance in 'retail' suits," Dershowitz told host Rob Finnerty, because the latter requires multiple levels of court proceedings, including evidence in trials and cross examination, and appeals, which take too long for a presidential electoral college challenge.

"The real question is what relief they're seeking?" Dershowitz added to Finnerty. "Nobody is going to have a reelection. Nobody is going to discount millions or thousands of legitimate ballots because some were invalid. What they have to come up with is a very specific remedy that focuses on enough challenged ballots to eliminate the margin of victory in four or five states that would turn the electoral college the other way.

"I don't think they can do that in the time allotted to them, which is only about five weeks."

In an earlier segment, Dershowitz questioned the Trump campaign challenge has the legs to clear the high hurdle of deciding the election.

"I've always said the president has the law and the Constitution on his side, but he doesn't seem to have the public on his side, he doesn't have the judges on his side, he doesn't have the numbers on his side, and there is question about whether he has the evidence on his side," Dershowitz said.

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Eric Mack

Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.

© 2025 Newsmax. All rights reserved.


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With the pre-electoral college time crunch weighing, the Trump campaign might have cost itself by not bringing election challenge lawsuits forward even before the contest presidential election, according to constitutional law expert Alan Dershowitz on Newsmax TV.
alan dershowitz, electoral college, lawsuits, campaign, legal challenges
397
2020-03-05
Saturday, 05 December 2020 11:03 AM
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