Distinguished Harvard Law School Professor Alan Dershowitz believes that President Donald Trump, his campaign, and his legal team are pursuing an unusual but not unprecedented path to reelection.
Dershowitz, a high-profile lawyer and a Constitutional scholar who made frequent appearances on William F. Buckley Jr.’s “The Firing Line,” explained what he believes the president is up to during a recent appearance on Newsmax’s “Saturday Report.” He said:
Let’s look at the big picture: The big picture now has shifted. 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.
This is a question that is hard for an outside observer and a non-expert to answer. What we know is that the mainstream media prematurely gave Biden the 270 electoral college votes needed to win the presidency a long time ago.
Since then, President Trump and his legal team have brought a number of lawsuits in a number of important battleground states. It is unclear at the moment whether any of these lawsuits are gaining traction. Reports would seem to suggest that some are and some aren’t.
In addition to the lawsuits, votes have continued to be counted, and it would appear that President Trump has failed to close the gap in key states. Although, with the legal battles and recounts and such, we still don’t really know.
Dershowitz has been of the opinion, since Election Day, that the president is facing an uphill battle in the courts, and thus, an uphill battle in getting to the necessary 270 electoral college votes. Dershowitz is the legal scholar and highly experienced lawyer here, so let’s take his word for it. But, the important thing is that Dershowitz doesn’t believe that President Trump has lost his chance to be reelected. Dershowitz does see . . .
. . . An unusual path to victory
According to Dershowitz, this path to victory involves keeping Joe Biden from getting to 270 votes. Now, you may say, “Biden already has 270 electoral college votes,” but that’s not true: He only has electoral college votes that have been projected by the media. In reality, neither candidate has any electoral college votes until the electoral college actually meets next month.
Dershowitz believes that President Trump and his legal team are already working to keep Biden from the 270 votes by challenging the election results in such key states as Pennsylvania, Georgia, Nevada, Michigan, and Arizona. So, how would keeping Biden from 270 votes help?
“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 explained.
This all comes right from the Constitution, and Republicans do hold a 26 to 23 to 1 lead if it were to go to the House. So, in that scenario, President Trump would have the advantage. But, the key here, according to Dershowitz, will be raising enough doubt about the election results that a sufficient number of state Republicans refuse to certify them.
Finally, Dershowitz said that, if all else fails, he believes that President Trump will run again in 2024 campaigning on what Trump and Republicans will see as a “corrupt” 2020 election. Dershowitz is not alone in thinking that the president, if he loses, will run again.
But, according to Dershowitz, this is all straight from a playbook that was used here in American during the 19th Century for at least three different occasions. We’ll have to see if the Harvard Law professor is right.