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The Dershow

Trump Team Hail Mary & Last Day to Save Brandon Bernard

The Dershow

Alan Dershowitz | Kast Media

News, Politics

4.41.9K Ratings

🗓️ 9 December 2020

⏱️ 53 minutes

🧾️ Download transcript

Summary

The White House has one more creative legal gambit and Brandon Bernard may not be guilty of a capital crime.

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Transcript

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0:00.0

It's Hail Mary time. The Trump legal team has thrown a Hail Mary pass by filing a lawsuit

0:08.3

on behalf of the state of Texas and other states against other states for original jurisdiction in the Supreme Court.

0:16.0

Creative but a real Hail Mary, probably too little, probably too late.

0:21.6

And maybe I'm throwing a Hail Mary myself. I'm trying desperately to save,

0:27.0

along with others, to save the life of Brandon Bernard, this young man who is about to be executed tomorrow for a crime, a capital

0:36.0

crime, of which he is probably innocent. But Hail Mary sometimes work. And if you

0:41.5

believe that justice is in your side, you have to throw these

0:44.9

Hail Mary passes. You'll hear why. On the Durschow.

0:51.0

The president's team lost one in the Supreme Court yesterday, but then they also

0:56.6

filed a very interesting creative lawsuit by the state of Texas against several other states.

1:05.0

Very, very interesting development,

1:08.0

unlikely to succeed, a Hail Mary, but really worth discussing. So let's go over both of those issues now so

1:16.3

you're brought up to date yesterday of course was the final day under the

1:21.1

safe harbor provision and enough states have now certified the election

1:26.0

to make Joe Biden the president elect in every sense other than the December 14th actual day of voting.

1:36.8

But let's talk about both Pennsylvania and Texas.

1:40.7

In the Pennsylvania case, the Supreme Court simply rejected an application for injunctive relief to stop the state from certifying the election prior to the safe harbor deadline.

1:55.3

That was not surprising.

1:56.8

I think we all anticipated that would happen.

1:59.4

It's rare that the Supreme Court grants an injunction in a situation like that.

2:03.8

They still have open the possibility of taking the case on the merits

2:07.8

after the safe harbor provision has expired, but I think probably the fact that they turned it down with no opinion just a one line

...

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