Politics

Biden expected to make trip to Georgia to stump for Ossoff, Warnock

President-elect Joe Biden will likely visit Georgia to boost campaign efforts for the two Democratic candidates in the January Senate runoff, according to his top aide.

The president-elect’s newly named Chief of Staff Ron Klain said on Sunday on ABC’s “This Week” that Biden is likely to visit Georgia, as Democratic victories for both Senate candidates would result in a 50-50 split in the upper chamber of Congress.

Then-Vice President Joseph Biden (R) joined by Ebola Response Coordinator Ron Klain (L), speaks during a meeting regarding Ebola at the Eisenhower Executive office building November 13, 2014 in Washington, D.C. (Photo by Mark Wilson/Getty Images)

“Winning those two Senate seats in Georgia is important, but we’re going to do everything we can to help those two … great candidates in Georgia,” Klain said. “We’ve already moved people who were working on the Biden campaign on the recounts down there over to be supportive in the field work for our two candidates down there, and I expect you’ll see the president-elect travel down there before Election Day.”

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Jon Ossoff and Raphael Warnock performed well enough to earn runoff elections and are facing Republican Sens.Kelly Loeffler and David Perdu respectively.

Warnock won more of the vote than Loeffler – 32.9% to 25.9% – in a crowded field. Ossoff won less of the vote than Perdue, but the margin was incredibly fine – Perdue winning 49.7% to 47.9%.

Klain went so far as to predict that both Democratic candidates would win their respective races, which would mean Biden would enjoy both chambers of Congress being in Democratic control when he moves into the White House.

Klain, however, also believes that Biden will be able to work with Majority Leader Mitch McConnell, R-Ky., if Republicans retain control of the Senate.

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“We’re going to deal with whatever lineup we’re faced with in Washington to get that done,” Klain said. “If we were to lose those seats in Georgia, we’re going to move forward with whatever Senate gets elected.”

Dominion rep responds to Trump campaign claims in Fox News interview: ‘Physically impossible’ to switch votes

Attorney Sidney Powell claims that the 2020 election was significantly impacted by votes cast through machines from Dominion Voting Systems being altered to go to Joe Biden instead of President Trump, but according to Dominion spokesperson Michael Steel, this could not have occurred.

In an interview with Fox News’ Eric Shawn on “America’s News Headquarters” on Sunday, Steel addressed the allegations that Dominion has faced, and explained why he believes they are without merit.

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“Well, it’s physically impossible,” Steel said of vote switching. “Look, when a voter votes on a Dominion machine, they fill out a ballot on a touch screen. They are given a printed copy which they then give to a local election official for safekeeping. If any electronic interference had taken place, the tally reported electronically would not match the printed ballots. and in every case where we’ve looked at — in Georgia, all across the country — the printed ballot, the gold standard in election security, has matched the electronic tally.”

Powell claimed in an interview with Newsmax that Dominion “has a long history of rigging elections” and that this is “what it was created to do to begin with.” She has said she has a witness who saw it used for this purpose in Venezuela, and that the votes for the U.S. election were counted in countries such as Spain and Germany. Steel flatly rejected this notion.

“We simply provide a tool to count the ballots — to print and count ballots,” he said. “There is no way such a massive fraud could have taken place, and there are no connection between our company and Venezuela, Germany, Barcelona, Kathmandu, whatever the latest conspiracy theory is.”

Steel said that Dominion is a “nonpartisan, American company” and said the company is funded by American capitalists, not foreign actors.

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Steel, who identified as a conservative Republican, said that Dominion “would love to see any facts or evidence they have. Thus far we have seen none.” In fact, Steel said that in the 14 counties in Pennsylvania that used Dominion machines, President Trump won with 52% of the vote. He said Dominion did not even have machines in some of the Wisconsin counties where the campaign has complained of fraud.

Steel stressed that local election officials and poll watchers oversee the process in each state, and he rejected the idea that an election official would seek to skew the results.

“I can’t imagine that someone would want to be in a position of authority in our election system and in our democracy just to subvert it,” he said. “I think these are public spirited people. I think these are patriots and they are doing their job to the best of their ability to make sure we get accurate, transparent results.

When asked if a poll worker could use a USB thumb drive to add votes for a candidate, Steel said that the vote tabulators do not have such access. He also said they are not connected to the internet.

“It’s not physically possible to do what they’re describing,” he reiterated. He also disputed a claim that an algorithm weighed votes for Biden greater than votes for Trump, noting again that the paper ballot records would reveal that.

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Steel acknowledged that there were individual errors with the election that were swiftly identified and corrected, but nothing on a large scale.

Despite Dominion’s claims, Powell has said she is looking to file a lawsuit “hopefully this week” that includes allegations of fraud related to voting machines.

While Powell has appeared at numerous press conferences with other lawyers on President Trump’s legal team, the campaign on Sunday issued a statement saying that she was not a member of the legal team.

“Sidney Powell is practicing law on her own,” Rudy Giuliani, the president’s personal attorney, and Jenna Ellis, Trump Campaign Senior Legal Adviser , said in a statement. “She is not a member of the Trump Legal Team. She is also not a lawyer for the President in his personal capacity.”

Biden declines to say where he stands on BLM-backed BREATHE Act

President-elect Joe Biden has been silent on his stance on the Black Lives Matter-backed BREATHE Act, despite pushes from the progressive wing of his party to pass sweeping legislation aimed at social justice reform in the first 100 days of his administration.

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The BREATHE Act was introduced by Democratic Reps. Rashida Tlaib of Michigan and Ayanna Pressley of Massachusetts and has been a flashpoint for BLM co-founder Patrisse Cullors, who has urged Biden and Vice President-elect Kamala Harris to meet with her soon to discuss the future of Black communities under the new administration.

Despite repeated requests for comment from Biden’s transition team, Fox News did not get a response on whether his administration supports the reforms suggested in the bill, and whether he will make its passage a key priority once assuming the White House come January.

Biden’s transition team has been tight-lipped about the president’s agenda regarding reforms affecting Black people, even as its senior adviser, Kate Bedingfield, told “Fox News Sunday” that the president-elect will announce his first Cabinet picks on Tuesday, without going into specifics.

The act proposes eliminating life sentences, retroactively expunging drug crimes for non-violent criminals, shutting down and defunding multiple federal agencies and permanently closing prisons and immigration detention centers, among other agenda items.

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The bill also seeks to end gang databases, establish pilot programs for a universal basic income, and afford voting rights and “lifetime education” to all illegal immigrants and incarcerated criminals.

Although Biden’s campaign made history for electing the first Black female to be his second in command, he repeatedly faced criticism from leftists in his party for not committing to reforms such as defunding the police, especially after months of outrage and protests after the death of George Floyd, a Black man who died in police custody in late May.

Instead, Biden said he would prioritize addressing the country’s racial wealth gaps, environmental issues and invest in racial health disparities, among other wide-reaching goals affecting Black communities.

His plan promises to build up small-business opportunities for minority communities, reform “opportunity zones” and invest in affordable housing and homeownership. The plan would invest $30 billion, 10% of the $300 billion Biden has said he will invest in research and development to stimulate the economy, to a new small business opportunity fund.

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Fox News’ Morgan Phillips contributed to this report.

Chris Christie rips Trump’s legal team as ‘national embarrassment’

Former New Jersey Governor Chris Christie on Sunday ripped into President Trump’s legal team for waging unsuccessful legal challenges to his loss in the November election, calling their efforts a “national embarrassment.”

Christie made the comments during an appearance on ABC’s “This Week.” Asked by host George Stephanopoulos whether it was time for Trump’s legal fight to end and enable a transition, Christie, a longtime supporter of the president, said: “Yes.”

“The president has had the opportunity to access the courts … if you’ve got the evidence of fraud, present it,” Christie said. “The legal team has been a national embarrassment.”

He criticized former federal prosecutor and Trump attorney Sidney Powell for accusing Georgia Gov. Brian Kemp of a “crime,” yet being unwilling to go on national television to “lay out the evidence she supposedly has.”

“This is outrageous conduct by any lawyer,” Christie said. “They allege fraud outside the courtroom but when they go inside the courtroom they don’t plead fraud and they don’t argue fraud.”

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Trump’s allegations of massive voting fraud have been dismissed by a succession of judges and refuted by state election officials and an arm of his own administration’s Homeland Security Department. Many of his campaign’s lawsuits have been thrown out of court.

Christie noted that he has been a longtime supporter of the president, having voted for him twice, but “elections have consequences.”

“We cannot continue to act as if something happened here that didn’t happen. You have an obligation to present the evidence,” Chris said. “The evidence has not been presented. And you must conclude – as Tucker Carlson even concluded the other night – that if you’re unwilling to come forward and present the evidence, it must mean the evidence doesn’t exist.”

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“I think you’ve heard lots of Republicans starting to say this. I said it on election night. And I hope more say it going forward, because the country is what has to matter the most,” Christie said. “As much as I’m a strong Republican – I love my party – it’s the country that has to come first.”

The Associated Press contributed to this report.

Biden ‘had been getting’ intelligence briefings, contrary to what transition team says: Nunes

President-elect Joe Biden “had been getting” intelligence briefings contrary to what his transition team claims, House Intelligence Committee ranking member Devin Nunes, R-Calif., told “Sunday Morning Futures” in an exclusive interview.

Biden’s transition team has said that it’s “charging ahead” despite no official declaration by President Trump’s administration that Biden won the White House.

Transition spokeswoman Jen Psaki told reporters earlier this month that while a lot of work can be accomplished without access to government agencies, the president-elect and his team would benefit from intelligence briefings and real-time information from around the globe.

Psaki raised concerns that there’s currently no access to intelligence briefings and threat assessments.

“With every day that passes, it becomes more concerning that our national security team and the president-elect and the vice president-elect don’t have access to those threat assessments, intelligence briefings, real-time information about our engagements around the world, because, you know, you don’t know what you don’t know. And in order to prepare to govern, it’s important that they have access to that information,” she emphasized.

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On Sunday, Nunes disagreed with her claims, saying, “As far as I know, he [Biden] has been getting briefings since after the Democratic Convention and the Republican Convention.”

“Both presidential candidates get briefings, and this was the case four years ago when both Hillary Clinton and Donald Trump were getting briefings,” he continued. “And if you may recall, supposedly, reportedly, they actually used those briefings on Trump to actually spy on him.”

Host Maria Bartiromo also asked Nunes on Sunday what his thoughts are on alleged voting irregularities in the 2020 election from his role in the intelligence committee.

The Trump campaign has filed legal challenges in battleground states like Pennsylvania, Arizona and Michigan, and it has asked for a recount in two Wisconsin counties. Trump has repeated unfounded claims about fraud and that the election was “rigged.”

“This is a very close election,” Nunes noted. “It’s in Joe Biden’s best interest and his overlord Obama that sits a mile from the White House… they ought to be the ones that are asking for every vote to be legally counted because you have to remember, the Democrats got smashed in this election.”

“They got destroyed at the state level, the local level, congressional level and the Senate level assuming that we win these two seats in Georgia, so this is a guy who is limping into the presidency,” he continued. “He was the first guy to run a successful campaign from a basement without actually going out and intermingling with people.”

Georgia is facing two Senate runoff elections in January after two candidates fell shy of 50% of the vote, which candidates must receive in order to win under state law. The results of the runoff elections will likely determine whether Democrats or Republicans get control of the Senate.

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Fox News’ Tara Prindiville and Paul Steinhauser contributed to this report.

Larry Hogan to Trump: ‘Stop golfing and concede’ the election

Maryland Gov. Larry Hogan tore into President Trump on Sunday, telling the current White House resident to get off the golf course and concede the election to President-elect Joe Biden.

Responding to a tweet from Trump that blamed Hogan for purchasing faulty COVID-19 tests from South Korea, the Maryland Republican also did not mince words when he accused Trump of incompetence in handling the pandemic.

“If you had done your job, America’s governors wouldn’t have been forced to fend for themselves to find tests in the middle of a pandemic, as we successfully did in Maryland,” Hogan said. “Stop golfing and concede.”

Trump on Sunday spent much of his day on the golf course, as he has done most weekends since the election. Fox News, along with the Associated Press and other major news networks and outlets, has called the 2020 presidential race for Democrat Joe Biden.

The president wasn’t the only member of Hogan’s own political party to incur the Maryland governor’s ire on Sunday.

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Earlier in the day, Hogan said that he is “embarrassed that more people” in the GOP “aren’t speaking up” against Trump and calling on him to concede.

“We were the most respected country with respect to elections,” Hogan said during an interview on CNN’s “State of the Union.” “And now, we’re beginning to look like we’re a banana republic. It’s time for them to stop the nonsense. It just gets more bizarre every single day.”

He added: “And frankly, I’m embarrassed that more people in the party aren’t speaking up.”

Hogan said that there are some Republicans that have ackowledged Trump lost the election – mentioning Sen. Mitt Romney of Utah – but added that an “awful lot of them” have not.

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Most recently, Sen. Pat Toomey, R-Pa., became only the fifth GOP senator to congratulate President-elect Biden on his victory and to call on Trump too concede. Joining Toomey and Romney were Sens. Lisa Murkowski of Alaska, Susan Collins of Maine and Ben Sasse of Nebraska.

Hogan also mentioned his father, former Rep. Larry Hogan, R-Md., who spoke out against the Nixon administration during the Watergate-era, noting that history “will judge everybody just as they did during Watergate.”

Trump has given no indication that he plans to concede to Biden and instead is pursuing a number of legal challenges amid false claims of voter fraud. So far, Trump’s lawsuits have overwhelmingly been shot down in court.

McCarthy on House GOP flipping 12 seats: Americans ‘rejected’ Democrat ‘socialist policies’

“The Republican Party really made great gains” in 2020, House Minority Leader Rep. Kevin McCarthy, R-Calif., told “Sunday Morning Futures” in an exclusive interview, saying the developments show Americans “rejected” the “Democrat socialist policy.”

McCarthy was reelected as the U.S. House of Representatives’ Republican leader in the 117th Congress following a surprisingly strong GOP showing during the November elections.

While Democrats won control of the lower chamber again, Republicans gained ground – picking up seats with not a single incumbent candidate losing their race.

McCarthy was a large part of that effort, raising more than $106 million this election cycle and campaigning in 33 cities over the last weeks of the campaign, according to the Associated Press.

Host Maria Bartiromo noted on Sunday that the “House GOP flipped at least 12 seats with major victories for incoming women, veterans and minorities.”

McCarthy told Bartiromo that the new face of the House Republicans looks “tremendous.”

“We’ve had more women than at any time serving in Congress,” he noted. “The Republican Party really made great gains, not only did we flip 12, there are four more races out there and we’re ahead in all four of them so I expect as the week progresses it will end up somewhere around 212, 213 seats, it only takes 218 for a majority.”

“This will be the closest of a majority that at any time since World War II and really, nobody saw this coming,” McCarthy continued. “The American people have now rejected Nancy Pelosi and the Democrat socialist policy.”

He went on to say that “the next two years are going to be about the Republican commitment versus the Democrat’s agenda.”

McCarthy added that he thinks “another reason why the Democrats lost” is because “their agenda” to defund the police “just didn’t play.”

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Some Democrats in Congress have tried to distance themselves from anti-police rhetoric following the party’s underperformance in this month’s elections, but left-wing activists and lawmakers are intent on pushing the party even further to the left.

House Majority Whip James Clyburn of South Carolina, Rep. Conor Lamb of Pennsylvania and Rep. Abigail Spanberger of Virginia are among the Democrats who’ve tried to distance themselves from socialism and the “defund the police” movement following the election. But the party’s activist base has said that won’t fly.

Justice Democrats, a far-left group aligned with Rep. Alexandria Ocasio-Cortez, D-N.Y., was one of four left-wing groups that signed a memo earlier this month urging Democrats to embrace Black Lives Matter, which has called for slashing funds to police departments across the country.

McCarthy stressed that Republicans, on the contrary, “had a commitment to America, to make our streets safe, to defeat this virus, to rebuild our infrastructure, to end our dependency on the China infrastructure.”

“That’s the agenda we will move forward and we’ll be looking to get five to six more Democrats to join with us and then we’ll be able to run the floor,” he continued.

He noted that the “difference” between Republicans and Democrats is that the GOP has “a commitment” to America, compared to the left’s “simple agenda that defunds the police” and “discredits the American public.”

McCarthy said he doesn’t think a socialist agenda “sells” going forward.

He noted that 18 Democrats “won reelection with 52% of the vote or less,” adding that he believes Republicans “will gain the majority next time and we could actually run the floor this time through our commitment to America.”

Meantime, Pelosi, D-Calif., had been tapped by Democrats to run for speaker for a seventh and eighth year.

The Democrats met virtually Wednesday to select their top leaders for the 117th Congress. Democrats are expected to maintain a slim majority in the new Congress – the most-narrow in two decades for either party.

The votes were taken by secret ballot, thanks to a secure app Democrats used Wednesday. Pelosi ran unopposed.

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The full Hous elects the speaker when it convenes on Jan, 3. The winning candidate for speaker requires an outright majority of the entire House. In other words, 218 votes out of 435.

Fox News’ Julia Musto, Peter Hasson and Chad Pergram contributed to this report.

Rep. Collins rips ‘outside money flooding into Georgia’ for Senate runoffs

Rep. Doug Collins is urging Georgia Republicans to get out and vote in January’s closely watched runoff race, which will determine the balance of power in the Senate.

“Georgians need to realize the reason the Democrats are flooding the state of Georgia,” Collins told Maria Bartiromo on Fox News Channel’s “Sunday Morning Futures.”

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“Outside money is flooding into Georgia right now because they want Chuck Schumer to fundamentally change the Senate,” he said. “They want fundamentally to take away the investigative powers of Ron Johnson and Lindsey Graham and others into the things that we know have been happening. They do not want Big Tech oversight. They do not want these things that are actually happening.”

Sen. Kelly Loeffler is facing a runoff challenge from Democrat Raphael Warnock on Jan. 5, while her Senate colleague David Perdue, also from Georgia, faces Democrat Jon Ossoff on the same day. The two runoff elections will be held on Jan. 5 because none of the candidates received the required majority of votes in the Nov. 3 election. The state will determine which party has the majority vote in the Senate.

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“That’s why Georgia is so important. We do believe that we’re going to have our folks turn out. We’re seeing it through right now because they’re wanting to look forward to the president, but we’re going to see it happen,” Collins said.

President Trump is forging ahead with litigation, on Saturday formally requesting a recount in the state’s presidential race just a day after Republican Gov. Brian Kemp certified the election results and declared President-elect Joe Biden the winner.

Trump and other Republicans have called out Kemp and Secretary of State Brad Raffensperger, also a Republican, for certifying the results.

The president called the manual recount a “joke” and claimed an additional audit comparing voter signatures would have found “illegal ballots.”

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Kemp had also expressed interest in reviewing voter signatures again. A recount is expected to start next week, according to the Atlanta Journal-Constitution.

“We’ve been fighting hard for this president, fighting hard during this recount, which is now transitioning to the legal phase. But we made enough emphasis here,” Collins said. “We are fighting back with everything, but it’s going to take conservatives.”

Congress a microcosm of America’s coronavirus struggle

It is often said that Congress is a microcosm of society. That’s only amplified during coronavirus. As COVID-19 burns through the country, it’s burning through the Capitol as well.

You’ve heard about fights over masks at the grocery store? Try the floor of the United States Senate.

Sen. Sherrod Brown, D-Ohio, tangled verbally recently with Sen. Dan Sullivan, R-Alaska, over wearing masks in the Senate chamber. Brown was about to give a speech before the Senate and Sullivan was presiding from the dais.

Brown, wearing a mask as he spoke near the rear of the chamber, requested that Sullivan “please wear a mask as he speaks.”

Sullivan boiled.

“I don’t wear a mask when I’m speaking, like most senators” snarled Sullivan, staring daggers at Brown. “I don’t need your instruction.”

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Yours truly has never seen the presiding officer of either the House or Senate address a fellow lawmaker with such anger from the dais.

“I know you don’t need my instruction,” retorted Brown. “But there clearly isn’t much interest in this body in public health. We have a president who hasn’t shown up at a coronavirus task force meeting in months. We have a majority leader that calls us back here to vote on an unqualified nominee and at the same time to vote on judge after judge after judge, exposing all of the people who can’t say anything. I understand. People in front of you and the presiding officer. And exposing all the staff here. And the majority leader just doesn’t seem to care.”

Outgoing Sen. Martha McSally, R-Ariz., drew the attention of Senate security staff and doorkeepers after she posed maskless for pictures with aides just outside the Senate chamber.

Sen. Lindsey Graham, R-S.C., puts on his face mask as he arrives for a Senate Judiciary Committee hearing on Facebook and Twitter’s actions around the closely contested election on Tuesday, Nov. 17, 2020, in Washington.. (Bill Clark/Pool via AP)

House Freedom Caucus Leader Rep. Andy Biggs, R-Ariz., tweeted that “Masks do not save your city, county, state or country from the spread of COVID-19.” Biggs called masks “a symbol of control.”

The number of coronavirus cases at the Capitol spiked. The building pulsed like it hadn’t since March. The Senate and House were both in session. Plus, incoming House freshmen descended on Capitol Hill for their orientation.

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Rep.-elect Ashley Hinson, R-Iowa, wasn’t there. She tested positive for coronavirus.

Two of the three oldest members of either body contracted coronavirus. First, there was 87-year-old Rep. Don Young, R-Alaska, elected in 1973 and the longest-serving House Republican in history. Then, 87-year-old Sen. Chuck Grassley, R-Iowa. Grassley serves as President Pro Tempore of the Senate, the most-senior member of the majority party. As President Pro Tempore, the Iowa Republican is third in line to the presidency.

Sen. Rick Scott, R-Fla., also contracted coronavirus.

But before testing positive, both Grassley and Scott were in quarantine.

The absences of senators due to the pandemic began sidetracking Senate business.

The Senate hoped to confirm Judy Shelton to the Federal Reserve Board last week. Shelton is controversial because she wants to weaken the central bank and supports a return to the gold standard.

But the Senate voted against breaking a filibuster on Shelton’s nomination.

She needed 51 yeas to clear the filibuster bar. However, the Senate could only muster 47 yeas to advance Shelton to a confirmation vote.

The vote was 47 senators in favor of terminating the filibuster. Fifty senators opposed.

McConnell supported Shelton. But the Leader switched his vote to “nay.” Senate rules allow a senator on the prevailing side of a roll call (in this instance, the noes) to ask for a revote.

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Shelton would likely be sitting on the Federal Reserve Board now were it not for the pandemic and the absences of senators.

As we always say: It’s about the math. It’s about the math. It’s about the math.

Examine the parliamentary algebra here:

There were three absences: Grassley, Scott and Sen. Lamar Alexander, R-Tenn. Grassley and Scott are in quarantine and supported the Shelton nomination. Alexander did not.

So…

Had McConnell not changed his vote, the effort to end the filibuster still would have failed, 48-49.

Add Alexander, and that’s 50 votes against ending the Shelton filibuster.

But…

Then throw in Grassley and Scott as yeas. Then you’re at a 50-50 tie.

Under the terms of Nuclear Option I (which curbed some filibusters in 2013), they needed a simple majority to halt debate on an executive branch nominee.

Thus, with a 50-50 tie, Vice President Mike Pence could cast the deciding vote for Shelton.

However, it never came to that.

Absences short-circuited the process.

The House of Representatives imposed remote voting in the spring. But the Senate’s resistant to such a plan. Either you’re there in the chamber to vote – or you’re not.

In the House, members can vote remotely if they are sick, are at risk health wise or care for someone with health issues in their home. Those members may report their votes to a “proxy” who announces votes on the behalf of their colleague on the floor. The House then automatically rolls those ballots into the system.

The stunted Shelton confirmation process could augur problems to come. The Senate may have the votes to confirm someone or pass legislation. But with no remote voting scheme, the body is at the mercy of the virus.

Coronavirus spreads around the country. And the job of lawmakers is to go to their districts and states, then fly to Washington for meetings and votes, and then return. Wash. Rinse. Repeat.

Concerns are growing as to whether Congress should even reconvene after Thanksgiving. Some members have suggested only meeting to fund the government by Dec. 11 and perhaps vote on a coronavirus relief bill – if there’s ever a deal. Cases are spiking nationwide. And recent examples show members could be bringing COVID-19 with them – or taking it home with them.

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Rep. Don Beyer, D-Va., lives just across the river from the Capitol in Northern Virginia. He handles multiple proxy votes for lawmakers who aren’t present. Beyer says he doesn’t even go to the Capitol until the votes are called. He times it so he can just pull in to the Capitol plaza, run up the stairs, report all of the proxy votes and depart again. The congressman says that means he only has to spend a few minutes inside the Capitol.

Congress is a reflection of America. And if the nation is struggling with coronavirus, Capitol Hill is, too.

Dershowitz: Trump has ‘constitutional paths’ to pursue in court cases, will likely come up short

Harvard Law Professor Emeritus Alan Dershowitz said Sunday that while President Trump has a number of legal theories he can pursue in his efforts to swing the 2020 election result in his favor, it does not appear likely that these efforts will be successful.

Dershowitz, who was on Trump’s legal team during his impeachment, told Fox News’ “Sunday Morning Futures” that there are several avenues that Trump could take, but that even those options currently appear limited in their ability to secure an election victory.

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“They have two or three legal, constitutional paths,” Dershowitz said. The first one he addressed was in a case out of Pennsylvania, where Republicans are fighting against a state court decision that extended the deadline for accepting mail-in ballots beyond what had been specified by state law. Dershowitz said that the argument that the court usurped the legislature’s power could be a winning one with the Supreme Court.

Another argument that could work in Trump’s favor, Dershowitz said, is based on the allegation that in Pennsylvania Democratic voters were allowed to fix problems with their ballots, but Republicans were not permitted to do so. He said this could be a viable and potentially successful Equal Protection argument.

The big problem with these cases, Dershowitz said, is that they do not address a large enough number of votes to overcome Biden’s current lead in Pennsylvania, and would thus not help Trump win the election.

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The allegation that does cover enough numbers, Dershowitz said, is the one that the Dominion computer systems were compromised to the degree that hundreds of thousands of ballots were affected.

“There, there are enough votes to make a difference but I haven’t seen the evidence to support that,” he said. “So in one case they don’t have the numbers, in the other case they don’t seem yet to have the evidence, maybe they do, I haven’t seen it. But the legal theory is there to support them if they have the numbers and they have the evidence.

Trump campaign attorney Sidney Powell has insisted that the evidence is coming, but Dershowitz said she’s running out of time to produce it because she would need to file a complaint and have hearings in order to prove her case before the Electoral College meets on Dec. 14.

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Powell has claimed that she has longer than that, but Dershowitz stated that he does not believe there is any basis for that claim.

“Once the electors are certified, and once they cast their vote I can’t see any legal route to undoing that, even if they were to find fraud later on,” he said. “There’s certainly nothing in the Constitution about that.”

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