Alan Dershowitz to Newsmax: ’20 Election Challenge Is Court’s Decision, Not Pence’s

Alan Dershowitz to Newsmax: '20 Election Challenge Is Court's Decision, Not Pence's (Newsmax's "America Right Now")

By Nick Koutsobinas | Saturday, 05 February 2022 02:10 PM

Any challenge to the results should ultimately be left to the courts or to the "House and Senate as a whole," according to legal expert Alan Dershowitz on Newsmax.

"The 12th Amendment provides the president of the Senate shall open all the certificates and then the vote shall then be counted," Dershowitz told Saturday's "America Right Now."

"There have been times in our history, of course, where the votes of certain states have been challenged. But I think in general, although the Constitution isn't specific about this," Dershowitz told host Tom Basile. "The vice president seems to be on the right side of this issue – that it would take a stretched reading of the Constitution to give him authority beyond the ministerial counting of the votes.

"Challenges that were made had to be made probably in the courts or to the House and Senate as a whole, not to the vice president."

Dershowitz goes on to advocate for legislation that would be so "neutral" that neither Democrats nor Republicans could predict which side such legislation would favor.

"These are such hot button issues, it's very important to clarify the law in advance so that there's no ambiguity and no doubt; and so that the president can't say to a vice president 'do something' that the vice president believes would be improper," Dershowitz concluded.

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