Dershowitz: Trump would have advantage if election went to House

by WorldTribune Staff, November 16, 2020

The legal team for the Trump campaign has filed challenges in key battleground states with a likely aim of denying Joe Biden 270 electoral votes, leading to a “contingent election,” Harvard law professor Alan Dershowitz wrote.

President Donald Trump’s legal team is aiming for a ‘contingent election,’ Alan Dershowitz said.

In a “contingent election,” state delegates in the House would choose the president. Republicans have a 26-23-1 state delegation majority.

What Trump’s team is trying to do “is to deny Joe Biden 270 votes, by challenging in Pennsylvania, Georgia, in Nevada, in Michigan, in Arizona,” Dershowitz told Newsmax TV.

“If he can keep the Biden count below 270, then the matter goes to the House of Representatives, where, of course, there is a Republican majority among the delegations of states, and you vote by state if it goes to the House,” Dershowitz said. “He’s trying to follow the playbook of three elections of the 19th century.”

Another possibility is a scenario in which the governor and the legislature in a closely contested state submit two different election results, leading to a situation in which there are two sets of “dueling electors” and it would be up to Congress to determine which to accept.

In other developments:


Voting records show that some 35,000 mail-in ballots were requested, received and returned — on the same day.

“Shortly before the election, the U.S. Postal Service told voters to expect a delivery time of 2.5 days for their ballots. Despite this turnaround time, the Pennsylvania database recorded multiple voters who, despite using a ‘MAILIN’ form to request a ballot, which should take days to reach the state’s election offices, was magically received on the same day. The ballots in these instances were also recorded as mailed out to the voters and returned on the same day,” Jordan Davidson noted in a Nov. 16 report for The Federalist.

Davidson added: “Another question the state has failed to answer is why so many ballots were returned to the state before they were ever requested by a voter. Thousands of voters are recorded as casting a ballot days or months before the state claims they mailed out the ballot. It is unclear if this means a voter received two ballots or not.”

State records also show that numerous voters older than the eldest-recorded person living in the United States requested and cast ballots in the Nov. 3 election.


Political strategist Dick Morris on Friday blasted the recount in Georgia as a “sham and a hoax and a fix.”

In an interview on Newsmax TV’s “Spicer & Co.”, Morris offered a video of Republican monitors at a hand-count of ballots in Georgia.

“Inspectors are far away from the table … [they] can’t see the ballots,” Morris said of the footage. “This is the recount that is supposed to solve the problems? It’s absurd. They did not permit the envelopes to be examined. A lot of absentee ballots ought to be thrown out” and were not.

“I did polling … and I’m convinced that Trump won” the election, Morris added.

Meanwhile, attorney Lin Wood on Friday filed a lawsuit in federal court seeking to block certification of the state’s 2020 general election results.

The lawsuit was filed against Georgia Secretary of State Brad Raffensperger and the four other members of the state’s Election Board.

The suit alleges a conflict between Georgia law and instructions pertaining to the handling of absentee ballots. The instructions were connected to an agreement that involved the Democratic Party of Georgia and other Democratic entities.

“I filed a lawsuit today in federal court in Atlanta to establish that the March 6, 2020 Consent Agreement by the GA Secretary of State rendered UNLAWFUL the 11/3 GA general election,” Wood tweeted on Friday. “I am right under established law.”


Four voters filed a lawsuit in the U.S. District Court for the Western District of Michigan seeking to toss out ballots in three Democrat strongholds — Wayne, Ingham, and Washtenaw counties — over allegations of voter fraud, according to Michigan Live.

Those three counties are responsible for about 1.2 million votes, favoring Biden by more than 2:1. Eliminating ballots from those counties would give Trump a victory in Michigan.

The plaintiffs claim that “sufficient evidence” exists “to place in doubt the November 3 presidential-election results” in the three identified counties, citing “issues with transparency, fraudulent changing of dates, a software glitch, clerical errors, illegal votes, and many other issues and irregularities.”

The lawsuit further says that certifying the votes would violate voters’ First Amendment and Fourteenth Amendment rights by “vote-dilution disenfranchisement.”

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