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.