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THIS ELECTION ISN'T OVER


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Dershowitz: Trump Seeks to Deny Biden 270, Put Election in House

By Eric Mack    |   Saturday, 14 November 2020 10:46 AM

 
 

The legal battle for President Donald Trump is no longer about him reaching 270 electoral college votes, but denying Joe Biden from reaching it, according to legal expert Alan Dershowitz on Newsmax TV.

"Let's look at the big picture: The big picture now has shifted," Dershowitz told "Saturday Report." "I do not believe that President Trump is now trying to get to 270 electoral votes. I think he thinks that's out of the question.

"What he's trying to do is to deny Joe Biden 270 votes, by challenging in Pennsylvania, Georgia, in Nevada, in Michigan, in Arizona."

Keeping Biden from 270 would put the election on the House delegations – a state-by-state majority held by Republicans 26-23-1 – as designated by the U.S. Constitution.

"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 told host Carl Higbie. "He's trying to follow the playbook of three elections of the 19th century."

Barring that narrow path to victory, Dershowitz speculated Trump will announce he will run for reelection in 2024,

"and to campaign against what he regards as 'corrupt bargain' as analogous to what happened in 1824 and two other times in the 19th century."

"I think that's the strategy that is now in operation," Dershowitz concluded.

"You need a perfect storm for it to work. You need to get enough states, enough state attorneys general, or state departments, or whoever, secretaries of state or governors that are Republican that legitimately refuse to certify the results because they're under challenge on the day the electoral college meets by statute.

"If on that day, Biden doesn't have 270 votes – you don't get to vote two or three times on that; as far as the Constitution's concerned, it's one vote – and if the one vote doesn't give the leading candidate 270 electoral votes, then automatically it goes to the House of Representatives, where a whole new process takes over, and a process that clearly favors President Trump."

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