Trump’s Only Road to Victory

Trump’s Only Road to Victory, by Alan Dershowitz.

President Trump has only one road to victory, and it would require a perfect storm that at this moment seems unlikely. …

If enough electoral votes are still being contested by mid-December, and if fewer than 270 electors are certified by their respective states by that date, then Biden could — in theory — be denied the necessary 270. If that were to happen, then the election would be thrown into the House of Representatives, as it was on several occasions in the 19th century.

Under the Constitution, the House votes for president not by individual members, but by state delegations. Each state gets one vote, and so 26 states are required to elect a president. Although there are more Democrats than Republicans in the House of Representatives, there are more states with a majority of Republican representatives. Accordingly, if the election were to go to the House, the Republicans would determine the next president. …

The New McCarthyism, on steroids:

I just received an email asking me to sign a petition demanding the disbarment of President Trump’s lawyers for their advocacy. That is McCarthyism pure and simple. Lawyers are entitled to advocate all reasonable and ethically permissible strategies that serve the interest of their client. That is what President Trump’s lawyers are doing. They are, of course, obliged to operate within the rules of law and ethics, but I see no evidence that they are not doing so. …

The left’s institutions are trying to prematurely install Biden as president-elect:

Let us remember that as a matter of law and constitutionality, Joe Biden is not yet the president-elect. He has been coronated by the media, by politicians and by most Americans. But to officially become president-elect requires, at the very least, certification by enough states to give him the 270 required electors. That has not yet occurred. Nor has his opponent conceded defeat. Biden is the presumed president-elect, the likely president, even the probable president, but he is not officially the president-elect for legal and constitutional purposes.