Trump scored a legal victory Thursday morning as a state appeals court granted more access to party and candidate observers, allowing them to get closer — 6 feet away — to election workers processing mail-in ballots in Philadelphia.
The city filed an appeal with the Pennsylvania Supreme Court, citing concerns over worker safety amid the coronavirus pandemic and the potential for intimidation.
The Trump campaign had sued after complaining that it's observer could not get close enough to election workers to see the writing on mail-in ballot envelopes, to ensure that the envelope contained a signature and an eligible voter’s name and address.
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Ballots without that kind of information could be challenged or disqualified. A Philadelphia judge had turned down the Trump campaign’s complaint, saying that observers are allowed by law to watch, not audit.
The Trump campaign told the state’s high court that “candidates have the absolute right to observe the process” in Philadelphia, saying the city was depriving its observers of the ability to detect violations of election law.
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"Pennsylvania is the strongest place for President Trump to be able to bring the lawsuit because he has a pure constitutional issue there. What happened is the judiciary extended the time for accepting ballots, mail-in ballots, by three days beyond what the legislature did," Dershowitz told Thursday's "Greg Kelly Reports," noting the Constitution is on the president's side, though it is still unclear whether any of the legal challenges would make a difference to an eventual outcome.
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"The Constitution's Article 2 gives the power to do that to the legislature. So if all the stars aligned for president, it's unlikely they will, but if they will align for the president and he manages to lose Pennsylvania by a small number of votes reflective of the number of votes that came in late, he might very well win in the Supreme Court.''
In total, Trump has sued Georgia, Michigan, Nevada, Pennsylvania and Wisconsin. The suits against Michigan and Georgia have been dismissed.
"But for it to make a difference it has to be that Pennsylvania makes the difference in the election and that those votes make the difference in Pennsylvania. I don't think he's going to win a kind of retail challenge to particular allegations of fraud state-by-state. Those are very very hard cases to do it," Dershowitz said.
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