Dershowitz to Newsmax: DOJ Doesn't Have 'Last Word' on Election Audits
Harvard Law School professor Alan Dershowitz said Saturday on Newsmax that he doesn't quite understand the legal argument being made by the Department of Justice against election audits like the one in Arizona, because the Constitution "allows states to determine their own election processes" and the DOJ doesn't have the last word in such issues.
"The last word would be had by the Supreme Court," Dershowitz said on Newsmax's "Saturday Report."
"I don't understand the theory under which a state can't do whatever it chooses to do, like Florida chose to do in Bush versus Gore, and what Georgia has chosen to do, and other states have chosen to do."
Earlier this week, the
DOJ issued guidance saying that post-election audits and voting laws passed recently in several states "risk violating the Civil Rights Act."
The guidance has been seen as a warning to Arizona's auditors and said that when election records are no longer being controlled by officials that could lead to a "significant risk of the records being lost, stolen, altered, compromised, or destroyed," particularly in the case where private entities who don't have experience with such records are not familiar with federal law.
"The Justice Department can threaten, but in the end, they don't make the decision," said Dershowitz. "The decision is made by the courts and I don't completely understand the theory under which the Justice Department expects to be able to stop auditing of votes."
"We've never had a situation like this in the history of the United States," said Dershowitz.
"Theoretically, I guess a state could withdraw its electoral votes, but it's too late. We already have a president...I don't think unless one finds massive, massive fraud of the kind that doesn't exist, the idea of undoing an election is just unthinkable under American law, and the Constitution just doesn't provide for it, so I think we have to focus on the future to make sure that the next elections, the congressional elections, the federal, the presidential election are not only fair but appear to be fair because the appearance of fairness is crucial to the preservation of democracy."
Harvard Law School professor Alan Dershowitz said Saturday on Newsmax that he doesn't quite understand the legal argument being made by the Department of Justice against election audits like the one in Arizona, because the Constitution "allows states to determine their own...
www.newsmax.com
The unwashed,
FREEDOM_IS_NOT_FREE
How the hell does Dershowitz know there isn't massive fraud? Exactly what constitutes massive fraud anyway..More states are deciding to audit, so if in a year there are a dozen or so states that show discrepancies of thousands of votes in each state, to me that's massive fraud...NOT just simple mistakes..
Hankster1958
DoJ is scared of the TRUTH coming out!!
TXShamz
3h
“the idea of undoing an election is just unthinkable under American law, and the Constitution just doesn't provide for it,”. Um maybe that’s because the framers of the Constitution never envisioned that the DNCCP, state elected officials, elected representatives at a national level, and the msm media, now including FoxNews, would all collude in ousting a president they never recognized as legitimate and one that was getting between them and their puppet-masters in China.
Zed
The DOJ position is quite clear. Completely stupid but clear.
Only those that count the votes, can audit the votes..... it is a guarantee of corruption....just the way Democrats want....only a completely partisan DOJ would break the first principle of audits..
Stupid Republicans. Voting will never be reformed, until Republicans cheat like Democrats.... until then, we will live under Democrat tyranny
Dr Econ
There is a remedy under the Constitution to dump an impostor. Impeach in the House, convict in the Senate and they’re gone.
THEYWILLALLGOFREE
MIKIE is going to provide the MASSIVE, MASSIVE "FRAUD", it was the CHINESE THAT STOLE THIS ELECTION! IT WAS AN ACT OF WAR!
On Aug. 10th, 11th, and 12th he is going to prove it -- OFFERING A $5,000,000 REWARD TO ANYONE THAT CAN PROVE HIM WRONG