Friday, the Supreme Court dealt a significant blow to President Trump’s attempts to win the presidential election, declining to hear a lawsuit brought forward by the Texas Attorney General. The lawsuit, which challenged the election results in four key battleground states, was supported by 107 GOP lawmakers and over a dozen states, and was what President Trump called “the big one.”
Constitutional lawyer Alan Dershowitz had said the President would need a “perfect storm” to turn the election results in his favor, and he called SCOTUS’s December 11th decision a “very, very unambiguous message,” adding Trump’s only recourse was through the legislatures in states where his campaign continues to dispute the election results.
“I think it’s a message to him and his team that you can’t count on the judiciary,” Dershowitz explained. “You can’t count on the courts—the courts are not going to get involved.”
Dershowitz told The Cats Roundtable Trump had few avenues left to him and was certain that when the Electoral College met on Monday, they would certify Biden’s win.
“Whether you like that or don’t like it,” Dershowitz said. “I think that’s the reality the Trump team has to face.”
But many Republican voters, in the light of the Supreme Court’s Friday decision, following a month of stonewalled attempts by the President and his allies to argue their case, are feeling disenfranchised in the election process.
Dershowitz believes something needed to be done to ensure Americans “know what the truth is” for the next election. He called for the implementation of Voter Integrity Panels that would investigate any complaint “before the election, during the election, and after the election.” While he admitted there was “certainly some fraud,” he added the depth of that fraud was “unclear.”
“We must have every computer that’s used in an election checked by a neutral, objective force,” Dershowitz said, taking aim at the controversy surrounding Dominion Voting systems. “You can’t have democratic computers and republican computers, you can’t have computers that help one side or the other, they have to be checked and rechecked, and that’s not just didn’t happen this election.”
Dershowitz also took aim at social media platforms for what he saw as a blatant overstepping of their legal protections this election cycle. Facebook, Google, Youtube, and Twitter’s attempts to fact-check the President and even outright ban users for challenging Biden’s victory have garnered criticism from the right. Dershowitz called for the removal of their legal immunity because of their decision to censor users.
“They can’t be platforms and at the same time act like publishers,” he told The Cats Roundtable. “You can’t both have censorship and get immunity at the same time, that’s just not fair, and not right.”
The power of social media platforms, and how they wield that power, have taken a new spotlight as Facebook faces a massive anti-trust case that alleges the company has effectively euthanized competition and which could be seen as a bellwether for cases to come. Dershowitz told The Cats Roundtable that the confrontation with social media giants would be the “hardest question under the 1st amendment in the 21st century.”
“We can’t just let them be immune from the law, they’re not above the law either,” Dershowitz concluded.
Listen to the interview below