Lawyer and legal scholar Alan Dershowitz said there “certainly is probable cause” to investigate claims of voter fraud during the 2020 presidential election.
“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,” Fox News’s Maria Bartiromo said Sunday.
“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,” Dershowitz responded. “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 added that a panel should be created to look into any complaint about an election and fraud going forward.
“I have proposed, for the future at least, the creation of a vote integrity panel, VIP, that would consist of former justices, judges, neutral non-partisan, 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,” he added.
Bartiromo also asked if Dershowitz feels Trump lawyer Giuliani has presented enough material that shows fraud occurred.
“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,” Bartiromo asked.
“Yes. These are retail evidence that have to be determined to be true by cross-examination and witnesses. 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. 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. That is a constitutional question we do not answer to, and the Supreme Court may get to decide that question if a state legislature decides to determine who the elector should be and changes the electors from Biden to Trump. That will be the key constitutional question,” Dershowitz responded.
