Constitutional law professor and expert Alan Dershowitz says that there is a pathway for the U.S. Supreme Court to become involved in a Georgia elections fraud case if there is enough time before electors meet to cast their votes.
Dershowitz, who appeared on Fox News’ Sunday Morning Futures with attorney and former independent counsel Ken Starr, discussed recently-disclosed evidence of potential vote fraud in the Peach State, going on to explain how President Donald Trump’s campaign could utilize it in an attempt to reverse the election results there.
Starr, noted for his investigation into President Bill Clinton which led to his impeachment following the Monica Lewinsky affair, highlighted alleged vote-fraud testimony provided to a Georgia Senate panel that included damning video purporting to show ballots counted in the wee hours of Nov. 3 and 4 without observers, which is a violation of state law.
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Georgia election officials countered by claiming that the video shows “normal” ballot-counting, even though only a few poll workers were seen staying behind to count votes for hours after GOP observers, the media, and most other counters were sent home. Also, the video shows the workers who remained behind pulling containers full of ballots out from underneath a table, where they were hidden by a table cloth.
Starr said that the state senators “seemed to be really troubled” by the video, as well as additional evidence that the Trump legal team presented.
For his part, Dershowitz believes there may be a federal constitutional question that the U.S. Supreme Court may have to answer if a state like Georgia or others has their results nullified by state lawmakers who are concerned about fraud allegations.
“Clearly state legislators have the power before the voters vote to pick the electors,” Dershowitz said.
“The unanswered constitutional question is do they have the powers, the legislatures, to pick electors after the voters vote if they conclude that the voters’ count has been in some way fraudulent or wrong,” he continued.
“That is a constitutional question we don’t know the answer to, and the Supreme Court may get to decide that question if a state legislature decides to determine who the electors should be, and changes the electors from Biden to Trump,” he added.
Earlier in the interview, Dershowitz said he agrees with Trump’s legal team that “there certainly is probable cause for investigating and looking further” at allegations of election fraud.
“[Rudy] Giuliani has made very serious accusations,” the Harvard Law professor emeritus noted further. “The question is which institution designed, constitutionally, to look into it?”
“Is it the state legislature? Is it the courts? Is the clock running in such a way that there won’t be time to look into this?” Dershowitz continued, adding that he has proposed creating a “Vote Integrity Panel” — or VIP — staffed with nonpartisan, former judges and other officials to examine election questions before, during, and after balloting.
“The American public wants to know: Is Giuliani correct or isn’t he correct? I don’t know whether we’ll find that out in time for the meeting of the Electoral College,” which meets Dec. 14 this year to cast their ballots.
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