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Alan Dershowitz to Newsmax TV: Court Challenge Hinges on Numbers

(Newsmax TV's "Saturday Report")

By    |   Saturday, 07 November 2020 11:16 AM

President Donald Trump's legal challenges to the election will only hold up in court if they impact wholesale results and might flip the entire result, according to constitutional law expert Alan Dershowitz on Newsmax TV.

"The lawsuits will turn on the numbers of ballots," Dershowitz told "Saturday Report." "For example, in Pennsylvania, I think President [Donald] Trump will win that lawsuit in Pennsylvania if the number of ballots would determine the outcome of the election."

"I don't know whether or not the numbers will support his case. Courts are not going to get into this unless the numbers will be determinative, if the courts ruled in favor of the losing party, in this case President Trump."

Dershowitz did note if the electoral college vote cannot determine the election by Dec. 14 as ordered by the Constitution, the vote goes to the House of Representatives and House Republicans, despite being the overall minority, still control more electoral college votes state by state.

"I don't think we're going to reach that," Dershowitz told host Carl Higbie. "I think before December we're going to have an outcome validated by the court and accepted by the losing side. That's my prediction.

"If Biden wins by a number large than the disputed ballots, then the courts won't get into that; they're going to say it's a moot issue. The numbers will determine what the courts do."

Dershowitz did admit their might be "probable cause" for hand-counting votes that might have been compromised by a computer error, as has been claimed with 6,000-vote "glitch" by the Dominion Voting Systems in Michigan.

"I think now there is probable cause, based on that 6,000 glitch, to look into every other county that uses the same computer program," Dershowitz said. "I'm told the same computer program is used in other states as well.

"The only chance President Trump has to try to win in court is on wholesale challenges, challenges that affect many, many ballots, like the 6,000 or the many thousand in Pennsylvania."

There is no hope for any election re-dos, according to Dershowitz, who said the Constitution does not provide for it and Bush v. Gore did not give any precedent.

"I don't think we're going to see a new election, but we could see a requirement of hand counting of every county where a machine was used that had the potential for glitches," he concluded. "If you can show probable cause that they may be massive changes in voting, then I think the courts will order hand counting, recounting.

"So the election isn't over unless the numbers of ballots in the dispute wouldn't make a difference in the outcome of the election. We may be getting there, because it looks like the four states that are contested may all go to Vice President Biden.

"Only if the courts could make a difference in the outcome will they get involved in trying to determine ballot by ballot validation."

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President Donald Trump's legal challenges to the election will only hold up in court if they impact wholesale results and might flip the entire result, according to constitutional law expert Alan Dershowitz on Newsmax TV.
constitution, law, election, legal, challenge, alan dershowitz
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2020-16-07
Saturday, 07 November 2020 11:16 AM
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