Alan Dershowitz Explains How Donald Trump Could Still Win The Election Through SCOTUS

Despite the fact that former Delaware Sen. Joe Biden is widely projected to be the next president of the United States, noted lawyer Alan Dershowitz is claiming that there is still a path for Donald Trump to claim victory, per Townhall.

Dershowitz first rose to fame as a left-wing legal mind who almost managed to make the death penalty unconstitutional in the U.S. and later taught at Harvard Law School. In addition, he served as the defense attorney in a number of high-profile cases, including that of Claus von Bulow and O.J. Simpson. However, in recent years, he has become a staunch defender of the president -- even working on his behalf during his impeachment.

Though he is not working for Trump's re-election bid, Dershowitz did explain the legal process that could lead to an upset win thanks to a law that was used in the Bush v. Gore lawsuit 20 years ago.

Dershowitz explained that while the former New York businessman will not be able to win 270 electors himself, he is hoping to chip away at the number of electors currently won by Biden so that neither hits the needed tally.

"The goal is to prevent Biden from getting 270, that's why the clock is a double-edged sword," Dershowitz stated.

He added that the president's team is hoping to do this by challenging the legality of some of the ballots. Since there is limited time to properly certify the votes, it is possible that the Supreme Court would not allow them to be counted.

"The clock is a double-edged sword in this election because if they don't have enough time but if they can put forward a sufficiently strong case then they may be able to get some Republican secretaries of states or legislatures to say, 'Look, we just don't have enough time to certify these electors' and if they can bring down the number of electors, 35 [to] 37, from the 305 and bring it down to 267 or 268 then the election goes to the House, where the Republicans win," he explained.

Professor Alan Dershowitz listens to U.S. President Donald Trump.
Getty Images | Mark Wilson

Dershowitz said that the specific legal ruling that will likely be used to challenge certain votes is the Equal Protection Clause -- a law which states that all voters must be treated equally. Trump's team has argued that some voters were not given equal treatment because not all votes were counted with an observer present.

That said, Dershowitz noted that there had to be "strong" evidence for such irregularities centered on voting observers. Though there have been anecdotal reports of conservative observers being excluded from polling stations, no evidence has yet verified the allegation that this was a widespread issue.