Following the election, President Donald Trump filed lawsuits against five states, alleging that votes were counted incorrectly, and legal expert Alan Dershowitz told Newsmax TV the Constitution is on the president’s side in one of those cases.
“Pennsylvania is the strongest place for President Trump to be able to bring the lawsuit because he has a pure constitutional issue there. What happened is the judiciary extended the time for accepting ballots, mail-in ballots, by three days beyond what the legislature did,” Dershowitz told Thursday’s “Greg Kelly Reports.”
“The Constitution’s Article 2 gives the power to do that to the legislature. So if all the stars aligned for president, it’s unlikely they will, but if they will align for the president and he manages to lose Pennsylvania by a small number of votes reflective of the number of votes that came in late, he might very well win in the Supreme Court.”
In all, Trump has sued Georgia, Michigan, Nevada, Pennsylvania and Wisconsin. The suits against Michigan and Georgia have been dismissed.
“But for it to make a difference it has to be that Pennsylvania makes the difference in the election and that those votes make the difference in Pennsylvania. I don’t think he’s going to win a kind of retail challenge to particular allegations of fraud state-by-state. Those are very very hard cases to do it,” Dershowitz said.