President Donald Trump may well have “probable cause” to investigate voter fraud, celebrity lawyer Alan Dershowitz said Sunday.
“There certainly is probable cause for investigating and looking further,” Dershowitz told Fox News’ Sunday Morning Futures in a bombshell interview, according to the Washington Examiner. “[Rudy] Giuliani has made very serious accusations,” he added of Trump’s personal lawyer.
Dershowitz: Trump fraud claims have merit
Dershowitz notably defended Trump during the impeachment saga, and the Harvard lawyer has been supporting Trump’s claims that significant voter fraud impacted the results of the 2020 election.
Last week, Giuliani presented what he called “bank heist” surveillance video that purports to show poll workers in Georgia pulling boxes of ballots out from under a table. Democrats have insisted for weeks that Trump has not provided any evidence of fraud, and Georgia officials heartened Dems by saying there is nothing unusual in the video.
In a discussion with Ken Starr and host Maria Bartiromo on Sunday Morning Futures, Dershowitz said that Trump’s claims of fraud have merit, but that the clock is ticking for his team to challenge the results. The Electoral College formally meets next Monday to cast their votes for president.
“The question is, which institution is designed, constitutionally, to look into it?” Dershowitz asked, according to the Examiner. “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?”
He also agreed that Giuliani has brought legitimate “retail evidence that have to be determined to be true by cross-examination and witnesses.”
Trump and his allies have in many cases called on Republican state legislatures to step in and appoint electors for Trump ahead of the Electoral College vote, saying the election has been tainted too deeply by fraud.
At the same time, Trump has complained about perceived inaction from the Department of Justice.
Dershowitz agreed with Starr that Trump’s best chances of finding redress lie with the Supreme Court and the state legislatures, but Dershowitz said that the high court still has to decide whether state legislatures can give electors to Trump in states that Joe Biden putatively won.
“The core constitutional question that Ken [Starr] correctly pointed to is clearly state legislatures have the power before the voters vote to pick the electors,” Dershowitz said, according to the Washington Examiner. “The unanswered constitutional question is do they have the power, state legislatures, to pick electors after the voters vote, after they conclude that the voters’ count has been in some way fraudulent or wrong.”
Dershowitz went on: “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.”