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Presidential election is not a blowout that would make litigation irrelevant: Turley

2020-11-04 | 🔗
Constitutional law expert Jonathan Turley tells ‘Fox & Friends’ the worst-case scenario is playing out with the presidential election.
This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Thank you for having me Steve lets bring in Jonathan Turley George Washington University LAW, professor professor good morning, to you. You know the president last night said he was optimistic, but then again suggested that you know he wanted to make sure that what goes on from this point forward is completely legit and he might go to the Supreme Court. Our question is: what could he possibly go to the Supreme Court and say well id be surprisedded if some of these challenges do not make it back to the Supreme Court, you know in presidential elections, weve waited for the wave of litigation that came at the end of the election day or more often than that day. In this election we started in the red zone. Weve already been to the Supreme Court weve seen challenges in all of these swing states. Many of these cases were
placeholders. Many of them were challenging practices and causes in the state. In case the state turned to be nail. Biters of well thats happening our worst case. She is scenario e happening were looking at states. That, quite frankly, are a mess. I mean Pennsylvania is a mess, its had a lot of previous litigation that tore apart. These election rules is so you have these controversies in Pennsylvania. They will take ballots after you know election day with the postmark, but even if theyre postmarked and you cant clearly see when they were postmarked theyre going to give the benefit of the doubt to the voter, even if their signatures dont match once again, that will not bar ballots. All of those types of issues raise the integrity of the voting process, but they also raise the role of the court in changing state
election law. So all of that is ripe for challenge. So in the next few days we will focus on counting the vote, but after that we will focus on keeping the votes thats. Where litigation gets quite intense. We do not have at this time the type of blowout that would make litigation largely irrelevant Ainsley. What was your reaction when you found out that Republicans, it looks like, will take the Senate, because there was that worry from conservatives that they would try to stack the court and add more Supreme court justices. If the Democrats won well, the threats against the Supreme Court were a source of really deep concern for many of us, and indeed I think that was a blunder of the first order. I by Joe Biden, many Americans would vote for him, but would have serious trouble voting for anyone, Brian Right who wassing willing to
consider taking action to the Supreme Court but months ago. I who that if Donald Trump prevails in this election, the people most responsible, I think, would be the media. You know we have this just unrelenting level of negative coverage from the media. A lot of voters were turned of off by it. They certainly under the off the news. Brian yeah. The impeachment was the good old days. The pandemic was all his fault and after a while with twitter and Facebook freezing his account and putting money into everybody against him and Republicans, I think the american people stood up and said something. My last question to you. Jonathan is in these states that look like theyre going to be decided by one percent, Wisconsin Michigan, maybe Pennsylvania. Perhaps Georgia. If you dont, like the outcome, do you have a legal right to challenge it, especially with so many absentee ballots? Early absentee ballots
go in and just look at all these ballots and make sure there are signatures, make sure theyre filled out correctly make sure they shouldnt be provisional, Ainsley legitimate. Absolutely. This is a target rich environment for litigation, theres every right in the world for both camps to challenge the counting of these ballots. There are conditional and provisional balloting theres controversy involving how the ballots were sorted and stored. All of that can legitimately be brought to the court and will be by both parties. So this could very well be decided in the court and the onlied good thing is that only good thing is that all of my political commentator, friends will be taken off the television in favor of legal analysts, who should have appeared all a along laughter, Brian, its all about you, Jonathan all about you. There you go.
Transcript generated on 2020-11-04.