It is very troubling and extremely dangerous to see how Trump is now acting.
He has lost some 32
court challenges to the 2020 election outcome. His last straw now as it were, seems
to be a method most destructive to the county. An excellent review of the options Trump now sees before him here
from the Guardian.
Republican state legislatures could override the voters
and pick Elector College delegates (Note: Path Trump is on now).
State legislatures are constitutionally allowed to pick
their own electors to vote for president at the Electoral College. Republicans
– who control the legislature in swing states like MI, PA, NC, FL, AZ, and WI could
decide that the election results are illegitimate, citing disputed counting
process, etc. So they may declare the counting null and void, and select
electors to support Trump.
In response, Democratic governors could pick a separate
group of electors. If Republican legislatures try picking their own
electors, Democratic governors could argue that the vote was legitimate and
that the state has already elected a winner. So they could send a certificate
of the results to the National Archives and choose a separate group
of Democratic electors.
That would create two sets of electors from the same
state. Then when the electors meet in their state capitols to vote for president on December 14, two groups of electors could show up and try to cast a vote. These electors
could be the deciding votes in the presidential election. In short, both
parties would argue they have a claim to the presidency.
The law is unclear on how this should be settled. The laws that govern this scenario aren't very clear about what should happen.
This is the constitutional crisis election scholars worry about, and the one Trump is banking on.
The various scenarios we face as this is settled.
Scenario #1: VP Mike Pence could decide the winner. One
interpretation of the 12th amendment says the president of the Senate – who is
the vice president – decides which electors congress should accept. So he would
make Trump the winner.
Scenario #2: The disputed state would not count. If a
state sends two separate groups of electors, neither would have higher standing
in the eyes of Congress so neither of them counts. From there, the candidate
with more electoral votes – not counting any votes from the disputed states –
would win.
Scenario #3: The candidate the governor certified is the
winner. Under another interpretation of the Electoral Count Act, the valid
electors are the ones the governor certifies after votes are counted. This
would only require one chamber of congress to vote for it.
Scenario #4: House Speaker Nancy Pelosi would be acting
president until Congress figures things out. If Congress can’t agree on a
solution, Democrats would argue the line of succession means that the speaker
of the House, Nancy Pelosi, assumes the role of acting president until Congress
can agree. However, Republicans are unlikely to accept that outcome, and could
move to inaugurate Trump to a second term.
Scenario #5 (the last straw as it were scenario): The
Supreme Court steps in. If these disputes collectively go to the Supreme Court,
with the new 6-3 conservative majority (Trump’s newest appointed Justice, Amy
Coney Barrett now there) could make a ruling in favor of Trump, but that would
fly in the face of history, tradition, and actual election voter turnout which Biden
won with 79,685,131 votes over Trump’s 73,701,667 and by a margin of 5,983,464
votes.
If they want to do that, then possibly stand by for Civil War II, and the total destruction of our country.
My 2 Cents: Related to the above set scenarios is this horrible question asked by this article also from The Guardian: “Can Trump actually stage a coup and stay in office for a second term?”
So, if a Supreme Court ruling were to favor Trump with all that we know and have seen from Trump – that which he has done, tried to do, and he would do in a second term if he wins under these conditions would be indeed unprecedented in American history – assuming we have any history left.
The Supreme Court professes to have the appearance of political impartiality, but if they ruled for Trump, that all would vanish in a NY minute and it would totally destroy our country.
My last question is simple: Could any or all of those scenarios work? If so, what can “We the People” do?
Right now it seems like not much legally but then again, what has Trump done that has been totally legal?
Thanks for stopping by.
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