In an interview with Fox News on November 22, Alan Derschowitz, who defended President Donald Trump in his impeachment trial earlier this year, said there were three "legitimate, unconstitutional paths" to victory. However, he added that the president's legal team will face many challenges so that the outcome is not reversed.
"For example, in Pennsylvania, they have two very strict legal arguments. First, the court changes what the legislative body has done regarding the vote counting after the end of Election Day. They could win on this case when it goes to the Supreme Court. I don't necessarily support it, but it is an issue that can be won in the Supreme Court," Mr. Dershowitz told Fox News.
They also have another Supreme Court case that could win over the violated equal protection clause, arguing that Pennsylvania allows some states to correct voter fraud, while others do not. The Bush lawsuit against Al Gore suggests that an equal case could prevail in court, the professor said.
However, Mr. Dershowitz issued a warning for the second argument, saying that Joe Biden's lead could prevent Donald Trump from contesting enough votes.
Another legal option potentially quite powerful is computers, or fraud or failure, that has changed hundreds of thousands of votes. There are enough votes to make a difference, but I have not seen any evidence to support that," the constitutional expert said. But the theory is that there is a legal solution to support them if they have the numbers and they have the evidence.
Mr. Dershowitz noted that President Donald Trump's campaign is under time pressure to prove its allegations of voter fraud. He said: "There needs to be witnesses, experts to cross-examine and the results of the court's investigation. However, once the election results are certified, there is no legal way to do that.
States are in the process of confirming election results for voters to gather in mid-December. The inauguration of the 46th US President will take place on January 20.
"Although there are actually legal paths to potential victories, I don't think the election will be reversed based on the numbers I see at the moment and based on the fact that I don't see any evidence. Their strongest possibility, if they had evidence, was that computers could have changed hundreds of thousands of votes," - Mr. Dershowitz said.
