11.04.2020

Constitutional Expert Gives His Perspective on the Election

Early this morning, President Trump declared he’d be going to the Supreme Court — though for what purpose, and under what authority, was less clear. To assess legal avenues available to help resolve any questions over election results, Christiane speaks with constitutional expert Noah Feldman.

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ALL THE NEWS COMING IN, THE TRUMP CAMPAIGN SAID IT HAS FILED TO STOP THE COUNT IN MICHIGAN.

APPARENTLY IT WANTS TO SEND ITS OWN OPERATIVES TO LOOK AT BALLOTS BEING OPENED.

WE KNOW THEY WANT A RECOUNT.

LET'S TAKE THE MICHIGAN ONE FIRST.

IT'S LOOKING INCREASINGLY LIKE LAST-MINUTE DESPERATION, AT LEAST IN MICHIGAN.

FOR ONE THING, BIDEN IS A BIT AHEAD IN THE COUNT THAT IS CONTINUING THERE.

SO STOPPING THE COUNTING WOULD NOT BE A WAY OF ENSURING A VICTORY.

IT WOULD JUST BE A WAY OF ENSURING A DELAY.

THAT MAKES IT LOOK AS THOUGH TRUMP IS TRYING TO AVOID A SCENARIO WHERE WISCONSIN AND MICHIGAN HAVE REPORTED OUT ALL BALLOTS.

THEY'VE REPORTED OUT ALL BALLOTS AND DRAWN THE CONCLUSION THAT BIDEN HAS WON.

IN WHICH CASE, IT WOULD LOOK VERY POSSIBLE THAT TRUMP HAD JUST PLAIN LOST THE ELECTION, PROVIDED THAT BIDEN WON IN ARIZONA.

SO IT LOOKS LIKE A DELAYING TACTIC, RATHER THAN A TACTIC WITH LEGAL LEGS.

ADDING TO THAT IS THE TRUMP CAMPAIGN HASN'T STATED, AS FAR AS I CAN UNDERSTAND IT, A CREDIBLE LEGAL CLAIM AS TO WHY THE VOTING OUGHT TO STOP OF THEY'RE ENTITLED TO HAVE OBSERVERS IN THE POLLING PLACES.

THEY COULD HAVE OBSERVERS IN THE POLLING PLACES.

AND THE IDEA THAT THERE WOULD BE MORE PEOPLE DOESN'T HAVE ANY LEGAL BASIS.

FROM WHAT I GATHER, THE LATER VOTE COUNT IN MICHIGAN COPS WILL FROM BIG CITIES WHICH ARE TRADITIONALLY MOSTLY DEMOCRATIC.

SO WOULD PRESUMABLY BE GOING MORE TO BIDEN.

MAYBE THAT PLAYS INTO THE TRUMP CAMPAIGN'S THINKING.

WHAT ABOUT IN WISCONSIN WHERE THEY WANT A RECOUNT?

THAT'S WHAT THEY'RE SAYING.

THAT'S LEGITIMATE, RIGHT?

PEOPLE CAN ASK FOR RECOUNTS.

OR ARE THERE SPECIAL PARAMETERS?

EACH STATE HAS ITS OWN RULES FOR WHEN A PARTY CAN REQUEST A RECOUNT AND WHEN IT CAN BE PERFORMED.

I THINK IT IS PROBABLE WHEN THE TIME COMES, AND THERE IS A FOR THATTAL TIME WHEN THEY CAN REQUEST IT.

IT HASN'T COME YET.

WHEN THAT OCCURS, THE WISCONSIN MARGIN WOULD BE WITHIN THE PARAMETERS OF THE STATE LAW SO IT IS LEGITIMATE TO SEE A RECOUNT THERE.

PRESUMABLY WHAT IT WOULD DO IS TO CHALLENGE INDIVIDUAL BALLOTS CAST IN FAVOR OF JOE BIDEN IN ORDER TO CHIP AWAY AT THE ROUGHLY 20,000 VOTE MARGIN OF SPRANG BIDEN SEEMS TO HAVE.

About This Episode EXPAND

Mike DeWine, Elissa Slotkin, Norbert Röttgen, Noah Feldman, Ted Johnson and Jason Stanley join the program to give their perspectives on the 2020 presidential election.

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