Famed attorney and Harvard Law School Professor Emeritus Alan Dershowitz, the outspoken Democrat who defended President Trump during the Senate impeachment trial, said on Friday, Nov. 13, that President Trump is likely to win the lawsuit in Pennsylvania.
The Trump campaign has filed a lawsuit in Pennsylvania demanding election officials stop counting the mail-in ballots received after Election Day.
“I do think that Trump will win the Pennsylvania lawsuit … namely, the lawsuit that challenges ballots that were filed before the end of Election Day, but not received until after Election Day,” Dershowitz said during an interview with “Breitbart News Tonight.”
“The [Pennsylvania] Legislature had basically said no to that, and the state Supreme Court said yes because of the pandemic,” he continued. “That may have been the right decision in some theoretical sense, but the Constitution doesn’t permit anybody in the state but the Legislature to make decisions about elections.”
Supreme Court Justice Samuel Alito ordered Pennsylvania election boards on Nov. 6 to segregate the mail-in ballots that arrived after Election Day.
Citing the Bush versus Gore case in 2000, Dershowitz said, “As I understand the facts of the case—although I think what the judiciary did may have been the right thing morally: If you get your ballot in on time, you shouldn’t be denied the vote just because the post office screwed up—I don’t think you can really make that argument under Article Two. I do think that the Republican argument is the stronger one.”
“The Supreme Court will take the case only if it would make a difference, only if the plaintiffs—the Republicans—can show that the number of disputed ballots that were subject to sequestration by Justice Alito’s decision exceeds the difference between the winning margin and the losing margin,” he added. “The Pennsylvania constitutional argument is a wholesale argument that clearly belongs in federal courts.”
President Trump’s attorney Rudy Giuliani has said he has evidence that may change the outcome of the 2020 presidential election.
On Friday, Giuliani said that approximately 623,000 mail-in ballots were counted without inspection by observers in Pennsylvania.
“They could be … they could be anything. They could be ballots from dead people. They could be ballots from the same person 14 times. A hundred times. So now we’re up to 623,000 ballots that are unlawful ballots that can’t be counted. And they all come out of Philadelphia and Pittsburgh,” Giuliani said, according to Newsmax.
“That alone would switch the election to a 300,000 victory for Trump, which oddly, was what the victory probably was,” he added. “[Trump[ was ahead by about 800,000 votes on election night. There’s no way you’re making up 800,000 votes. Just doesn’t happen. Any fool would know that.”