let's bring in trey gowdy former house
oversight committee chairman fox news
contributor
uh trey good morning your thoughts on
the the trump campaign's efforts
the different avenues they're going down
here on the count
and the president's tweet about stopping
the count
as far as when it came to pennsylvania
um
or at least votes that came in after
election day
you know brett i think you put your
finger on precisely the right word
there's this battle of competing mantras
one mantra is
count every vote the other mantra and
you use the word lawful count every
lawful vote so i know it's confusing for
your viewers but
our constitution allows the states to
set the rules but the rules themselves
have to be constitutional they have to
be set by the state legislatures they
have to be applied
and then they have to be applied equally
so the litigation in pennsylvania the
litigation
is who set the rules remember the
pennsylvania legislature
didn't allow for this three-day grace
period that was a pennsylvania supreme
court and for reasons i'll never
understand
our u.s supreme court punted on it in
nevada it's a different issue
in georgia it's a different issue so who
sets the rules are the rules
constitutional themselves and then are
they being applied fairly
that's what the litigation will be
around so trey as you pointed out the
supreme court pointed on it the first
time around and it essentially said
if we need to revisit this issue we will
and the battle between the state
legislature
who wanted to not have that three-day
extended period
and the state supreme court which are
elected officials elected judges mostly
democrat in in pennsylvania is is still
going on so do you think that the
supreme court will
want to weigh in on this at this point
and do you agree that they should stop
counting those
after the fact ballots that come in
um well you know the supreme court does
not have to weigh in at all i mean i
think people think eventually
that that they will particularly in
pennsylvania but they don't have to
there's no original jurisdiction in
election law and
and this kind of gets back to the the
pennsylvania state legislature i mean
think about it martha
what in the world is more predictable
than election day i mean we knew 150
years ago
that we were going to have an election
on tuesday so the pennsylvania
legislature knew we were going to have
an election
and they knew that we were in the midst
of a pandemic but yet they did not allow
for ballots to come in after election
day so
so how does the pennsylvania supreme
court get to
get to kind of kind of overrule the
legislature i i
i think it's a pretty clear legal
analysis but we won't know if the us
supreme court
doesn't take it and there's no
obligation that they will right you know
trey uh the president is tweeting now
that his campaign will legally challenge
all
of the recent biden claimed states
all the recent biden claimed states will
be legally challenged by us for voter
fraud and state election fraud plenty of
proof
just check out the media we will win
america first
i don't know that we have seen the proof
of voter fraud in any of these states
yet i mean there are allegations
there are there's talk on on twitter and
and facebook and everything else but
have we seen proof
of voter fraud at this point and how
long do you think this process is going
to last
um i have not seen the proof and i think
we need to stay away from brawl
you know nationwide fraud i mean these
are individual states with individual
rules and
you you could be in compliance in this
state but not in compliance
in another state i think um president
trump and any candidate has
a responsibility and a right a
responsibility first to make sure that
the vote
is reliable i mean if president trump
loses his supporters need to know
that the rules were followed so you have
a responsibility and a right to make
sure every lawful
vote is cast i i'm an evidence person i
mean it's got to be proven to me
by a certain quantum of evidence i need
more than just a press conference
alleging
widespread fraud sometimes they're
errors sometimes they're systemic fraud
and sometimes you have what you have in
pennsylvania which is kind of
contrasting rules
i mean if you're in pennsylvania what
are you supposed to do not count votes
even though your own supreme court
said it was okay to do so which makes it
really really infuriating that the u.s
supreme court kind of
tried to duck and hide i mean i i they
they need to show a little more courage
on this and tell the pennsylvania
supreme court you know what
that's not your job to set election law
the constitution says legislature if you
want to run for that you can
but you did and you ran for the supreme
court yeah i think that's something
that's going to be
kicked around for some time uh their
decision to punt
on that from the supreme court trey i i
want to get you before we let you go
your big picture take on what we've seen
happen in congress very different
picture than what was anticipated
it looks like the senate is going to
hold gp we're still gop we're still
waiting for
the final outcome there and you've got
new republican
members of the house including 12 women
republican
members of the house you know who would
have thought that i mean if you read
politico martha you know kevin mccarthy
is on his way out as the minority leader
and lo and behold he does the impossible
he picks up seats with elise stefanik
and other
help i think the american people um
apparently like divided government
if joe biden wins i think it will be
with the bare minimum electoral
votes needed i think he'll get 270. the
bare minimum
the american people are not going to
give him a senate so he's not going to
get
the cabinet that he may have dreamed for
he's certainly not going to get the
green new deal he's not going to get
dc as a state or puerto rico he's not
going to pack the court
americans like checks and balances so if
any democrat
look nancy pelosi jerry nadler and adam
schiff spent four years pursuing
uh their agenda in the house and they
were repudiated they lost seats which
no one thought was possible other than
kevin mccarthy
it'd be nice for everyone to take a step
back and say what maybe americans don't
want this transformative change on
either side
maybe they like kind of a more nuanced
um let's keep things going but in a
better direction but say no to this
transformative change that that's being
advocated for on both sides
great to have you with us as always
thanks yes ma'am