Harvard Law Professor emeritus Alan Dershowitz: “#Alito seemed to suggest that that would cancel out the votes in #Pennsylvania that were received after the close of election day”

“#Alito seemed to suggest that that would cancel out the votes in #Pennsylvania that were received after the close of election day”

https://finance.yahoo.com/video/trump-team-moves-forward-election-163959511.html

Harvard Law Professor emeritus Alan Dershowitz and former independent counsel Ken Starr react on ‘Sunday Morning Futures.’

Video Transcript

MARIA BARTIROMO: We just heard from President Trump’s attorney Rudy Giuliani on his 2020 election challenges joining me right now with independent analysis are Judge Ken Starr, Former Independent Counsel and Fox News Contributor, and legal scholar and host of the wildly popular podcast, the Dershow, Alan Dershowitz, gentlemen. It’s good to see you both.

Thank you so much for being here. I want to get your take on what we heard from Rudy Giuliani. And let me just say one thing that really struck me, Rudy just said this was a pattern that was set by somebody in Washington, because everybody else carried it out exactly the same way they did it in the crooked cities.

That’s what Rudy Giuliani said. Look at that, as well as anything else that struck you from my conversation with former prosecutor, Giuliani. Alan Dershowitz, kick us off.

ALAN DERSHOWITZ: There certainly is probable cause for investigating and looking further. Giuliani has made very serious accusations. The question is, which institution is 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?

I have proposed, for the future, at least, the creation of a vote integrity panel, VIP, that would consist of former justices, judges, neutral, nonpartisan, that any complaint about an election, either before the election, during the election, or after the election, could go to this group, which could then look into it, because we know the media doesn’t give it a fair shake.

And we know that everybody else is partisan. 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 votes.

MARIA BARTIROMO: Ken Starr?

KENNETH STARR: Hi, Maria. Hi, Alan. The prediction of Jimmy Carter and James Baker in 2000 and their commission has come true, and it is a bit of a nightmare. They warned, after taking a very careful study, this bipartisan commission warned that absentee voting, mail in voting is a huge potential for fraud.

And that’s what we’ve heard from Rudy. So what do we now do about it? I think, to be honest, we’re running out of time. Because the electoral college meets on December 14. So it’s going to take an extraordinary action by legislatures, and so forth.

And Rudy has rightly pointed to legislatures. Because therein lies the ultimate, other than the Supreme Court of the United States, ability to have an effect on the just concluded election.

MARIA BARTIROMO: Stay with us. I want to ask you about Wisconsin and Georgia. These are the two that they think they have real success. I’m going to take a break and come back with Ken Starr and Alan Dershowitz. Back in a moment.

We’re back with legal scholars, Alan Dershowitz and Ken Starr. And Ken, a moment ago, you said it is the state legislatures that you’re watching. The Trump team seems to think the most promising results here are in Georgia and Wisconsin. Your reaction?

KENNETH STARR: I think, yeah. I think the Georgia legislature, at least that committee, seemed to be really troubled by the evidence, not just the video. But the other evidence of irregularities and the like. In Wisconsin, the use of the dropboxes, kind of an innovation, that were unmanned in violation of state law, huge problem in terms of potential fraud.

ALAN DERSHOWITZ: Mm-hmm. Mm-hmm.

MARIA BARTIROMO: Alan, you said earlier about the Supreme Court and the Pennsylvania State, we’re watching. But also, that we need evidence. Do you feel that Giuliani has been presenting evidence with all of these videos and these witness testimonies? You said, he’s got 1,000 affidavits.

ALAN DERSHOWITZ: Yes. These are retailed evidence that have to be determined to be true by cross-examination and witnesses. The core constitutional question that Ken correctly pointed to is clearly state legislatures have the power, before the voters vote, to pick the electors.

The unanswered constitutional question is, do they have the power, state legislatures, to pick electors after the voters vote if they conclude that the voters count has been in some way fraudulent or wrong.

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. That will be the key constitutional question.

MARIA BARTIROMO: And do you think that the Supreme Court would rule that it was unconstitutional to widen the vote, have people vote before election day, after 8 o’clock on election day? Would those votes being null and void, even in the face of a pandemic?

ALAN DERSHOWITZ: I think so. I think that there’s a 5 to 4 vote now in the Supreme Court, and Justice Alito seemed to suggest that that would cancel out the votes in Pennsylvania that were received after the close of election day. Whether that’s right or wrong, that’s the way I predict the Supreme Court would decide the case if it decided to take the case.

MARIA BARTIROMO: All right. Great talking to you both. Ken Starr and Alan Dershowitz, please come back soon. Thank you so much gentlemen.