Posted on 02/23/2024 9:00:12 PM PST by SeekAndFind
I don't know why this surprises me at this point but it does. The Democrats who spent four years complaining about constitutional norms and Jan. 6 now seem to by toying with the idea that if Trump wins the 2024 election, they can refuse to certify the vote.
Attorney Jason Murray, who argued Colorado's case to keep Trump off the ballot thinks there could be a constitutional crisis in our future.
Murray and other legal scholars say that, absent clear guidance from the Supreme Court, a Trump win could lead to a constitutional crisis in Congress. Democrats would have to choose between confirming a winner many of them believe is ineligible and defying the will of voters who elected him. Their choice could be decisive: As their victory in a House special election in New York last week demonstrated, Democrats have a serious chance of winning a majority in Congress in November, even if Trump recaptures the presidency on the same day. If that happens, they could have the votes to prevent him from taking office.
In interviews, senior House Democrats would not commit to certifying a Trump win, saying they would do so only if the Supreme Court affirms his eligibility. But during oral arguments, liberal and conservative justices alike seemed inclined to dodge the question of his eligibility altogether and throw the decision to Congress.
In the Colorado case, the court clearly didn't like the idea that a state could throw a candidate off the ballot on its own initiative. Instead the Justices left this call to Congress. But that means, in theory, an incoming Democratic Congress could vote to decide Trump is ineligible under the 14th amendment. They could effectively overrule the decision of the voters which would surely create a whole new level of chaos.
In an amicus brief to the Supreme Court, a trio of legal scholars—Edward Foley, Benjamin Ginsberg, and Richard Hasen—warned the justices that if they did not rule on Trump’s eligibility, “it is a certainty” that members of Congress would seek to disqualify him on January 6, 2025. I asked Lofgren whether she would be one of those lawmakers. “I might be.”
The scholars also warned that serious political instability and violence could ensue. That possibility was on Raskin’s mind, too. He conceded that the threat of violence could influence what Democrats do if Trump wins. But, Raskin added, it wouldn’t necessarily stop them from trying to disqualify him. “We might just decide that’s something we need to prepare for.”
This is really playing with fire. Trump lost the 2020 election and efforts to interfere with the peaceful transfer of power were wrong and wrong-headed, as VP Mike Pence made clear at the time. Similarly, voting to disqualify Trump after a clear win in the electoral college (assuming for sake of argument that happens) would never be accepted by his voters or by fair-minded Americans who didn't vote for him but nevertheless recognize the need to allow the transfer of power in accordance with the expressed wishes of the people.
Going forward with disqualification after the election would certainly result in threats of violence and likely in actual violence directed toward the elected officials involved. I'm not saying that because it's something I want to see. On the contrary, I think it's a real worst case scenario for this country, one from which it would be hard to come back.
And contrary to Rep. Raskin, there is no amount of preparation that is going to make it possible for Democrats to do this. Jan. 6 would look like a family picnic compared to what would happen at the Capitol if Democrats went through with this plan. It would be seen as a coup by enough Americans that everything else would grind to a halt. Unless you're prepared to have the National Guard shoot at hundreds of thousands of angry, disenfranchised Americans don't go down this road. And even if you are willing to contemplate that, good luck finding the Guardsmen willing to actually do it.
This is a dangerously stupid idea and the fact that Democrats are toying with it as if it were just another policy trial balloon should worry everyone.
“If that happens, they could have the votes to prevent him from taking office.”
These people are freaking stupid. They keep poking the bear, and the bear is finally going to have enough, and rip these morons to shreds.
They can't seriously be asking this question. Do you have any idea of the criminality they have engaged in, conspired in, both in stealing the 2020 election, and the deliberate malfeasance of office (which includes premeditated murder of thousands of Americans during the Plandemic) to put the nation in this state? Another Trump presidency would unquestionably spark investigations that would end with thousands to tens of thousands of demoncrats and RINOs going to prison.
If they can't steal the 2024 election (more ballet stuffing and rigged Dominion voting machines is a given), they must and will do whatever is needed -- to include gunplay and bloodshed -- to prevent Trump47 taking office. Not certifying the election is small potatoes compared to what they will do. Because their very liberty depends on Trump not taking back the office.
They will not let Trump have a second term.
No Republican will do anything about that.
End of story. If that upsets you, hug your unicorn.
For example, say Trump wins states, and/or districts within states that split their votes, amounting to 271 Electoral Votes, while Biden/Newsome/Whoever win 267 Electoral Votes. But Trump's wins include Nevada, and the Nevada Legislature, which the Democrats control, prevent the certification of any Electoral Votes from Nevada. That means when Congress convenes in January, to count the Electoral Votes submitted to Congress by the several states, and certify the person elected President, Trump has 265 Electoral Votes, and Biden/Newsome/Whoever 267 Electoral Votes.
Is Biden/Newsome/Whoever elected President, because that ticket has a majority of the Electoral Votes actually cast, or does the House select the President, because no candidate has a majority of the Electoral Votes at stake in the election.
>> End of story.
End of YOUR story, maybe. Not the end of THE story, by any means.
>> If that upsets you, hug your unicorn.
I don’t have a unicorn.
“many of them believe is ineligible”
Still trying to figure this
one out.
whoever the VP pick was
Tiny view. Leaves out much.
Wouldn't that be an insurrection and treason?
Sorry the laws don't apply to Democrats, it would be called saving Democracy from the stupidity of voters.
When Trump wins, everything from voter fraud, foreign government influence, to lawfare will be unleashed by the Democrats. The whole “not my President” movement will be rebooted.
the Dums always project what they are thinking/doing behind the scenes on others. so along with this is their projection that the Prez,in this case Joey Boy, won’t leave the WHouse. sound familiar?
Why wouldn’t Democrats do that? GOPs like Blackburn and Hagerty didn’t certify a Trump win in 2021. Should we expect better from the RATs than our own pols?
as we get closer more sh##’s gonna happen you can bet
“The treasonous bastards really want a civil war, don’t they?”
Oh, please. We won’t do anything. We talk big but never fight back. It’s comfortable in the kettle.
“they will find an excuse to declare martial law, with Biden ‘temporarily’ remaining in power”
I wouldn’t be surprised. They do what they said Trump would do in 2020 — declare martial law and cancel elections. They always accuse the right of doing exactly what they themselves are doing.
Didn’t Zelensky just cancel elections there in the Democrat Annex overseas? It’s what dictators do.
“They keep poking the bear, and the bear is finally going to have enough, and rip these morons to shreds.”
No. It never will happen. We will roll over as always.
You are exactly right, on all counts.
Of course they are planning to not certify a Trump win. That’s exactly what they did in 2020.
It is the Soros plan. Destroy American from within using our once democratic and impartial institutions to do it. What Letitia James and Big Fani are doing is nothing different than what Holder did to DOJ. Holder showed them the way. Since 2008, the cultural marxists have colonized practically every lever of power in our institutions.
I wonder how many Democrat yard signs we’ll see this year.
BigBlockk
Later.....
That will lead to a dilemma. If the legislatures and governors of the Southern states, except maybe Georgia, and the Plains and Northern Rocky Mountain states effectively secede from DC by stating Trump is President, how do the Democrats enforce their will? Assuming the state National Guard units remain loyal to their states (something not tested since the Civil Rights era), the Democrats lack the military force to impose Biden or his substitute. A large portion of the Armed Forces are overseas. Federal police agencies like the FBI lack the manpower and weaponry to take on the National Guard and state and local police.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.