“They have to show that it affected numbers that are greater than the margin of victory,” he told the host.
Dershowitz noted that Trump’s team had made it to the Supreme Court with their Pennsylvania claim. But while he said they appear to have the law behind them, he suggested that the numbers are ultimately not in their favor. In particular, he outlined the difficulties in overturning results with poll-watching complaints.
“They are not going to win on retail challenges here and there. The only chance they have of winning — and it’s the perfect storm and it’s very unlikely to happen — is if they can show retail wholesale constitutional arguments that affect a large number of voters sufficient to be greater than the margin of victory. I don’t think they’re there. I don’t think they can make that case.”
Dershowitz noted that the Supreme Court would only take a case that would shift the outcome of the election — not one that would provide one side with a pyrrhic victory.
As The Inquisitr reported, Dershowitz, who defended Trump during the impeachment trial, claimed that it’s possible that Trump could win the election via legal challenges that make their way to the Supreme Court. He pointed in particular to the Equal Protection Clause, which states that all voters receive equal treatment. According to the president’s lawyers, not all votes were counted with an observer present. However, as Dershowitz noted in his Sunday interview, the process for making these arguments is a long one, and the president’s team doesn’t appear on track to do so within the necessary timeline.
Dershowitz isn’t the only one who believes Trump’s legal challenges are on track to fail. Former New Jersey Gov. Chris Christie said Sunday that the head of state should end his attempts to challenge the election results and called the legal team a “national embarrassment,” CNBC reported.
“You have an obligation to present the evidence, the evidence has not been presented,” he said.
The comments from Dershowitz and Christie come after a federal judge in Pennsylvania on Saturday dismissed a lawsuit by the president’s campaign that attempted to block the certification of millions of votes in the state. According to Republican Sen. Pat Toomey, the ruling is further evidence that Joe Biden won the election and will enter the White House in January.