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Donald Trump refuses to acknowledge Joe Biden’s victory, but experts warn that there is no constitutional way for the current president to remain in the White House for another four years.
There is fear that Donald Trump and other Republicans will do whatever they can to stay in power for the next four years, according to The Guardian.
“It will be an easy transition to a second term for the Trump administration.”said Secretary of State Mike Pompeo last week.
William Barr, the attorney general, authorized federal prosecutors to investigate irregularities in the electoral process. Donald Trump also fired Christopher Krebs, director of the Agency for Infrastructure Security and Information Security, on Tuesday after saying the 2020 election was not rigged.
Although Donald Trump’s plans to prove he won the election are elaborate, it is unlikely that he will remain in the White House for another term or orchestrate a coup.
There is no constitutional way for Donald Trump to stay in power
The electoral college will meet on December 14 to cast the official vote, and each state uses the result of the popular vote to allocate its voters.
Biden will win by far the required 270 electoral votes, according to the predictions. However, there is an unlikely legal theory that Trump and his administration believe that pro-Republican legislatures will agree to ignore the result of the popular vote and appoint their own voters.
Federal law states that this scenario is possible if states fail “Reach a conclusion” until the day the voting college meets.
The reason this theory cannot work in Donald Trump’s favor is that there is no evidence of voter fraud in any state, and Joe Biden’s considerable lead shows that he was elected correctly in those states.
“If the country continues to uphold the rule of law, I don’t see a plausible constitutional way for Trump to remain president.”said Richard Hasen, a law professor at the University of California.
Even if the voters of a state decided to ignore the popular vote, which would have been out of the ordinary, this would not be enough for Donald Trump’s victory. The decision should be made in many more states, where Joe Biden is obviously the winner of the popular vote.
Republican officials in key states have been reluctant to support President Trump’s legal efforts.
Shortly after Election Day, Jake Corman, a Republican official in the Pennsylvania Senate, indicated that he would “Obey the law”, which clearly states that voters will be won by the person who wins the popular vote.
What, in fact, is the purpose of the lawsuits brought by the Trump team
Donald Trump’s campaign team filed numerous lawsuits after Election Day. The purpose of these processes does not appear to be “Overthrow” the result of the elections, but the creation of a framework of insecurity and mistrust in the counting process.
Each state has its own deadline for certifying the election result, which is then used to allocate electoral votes. In at least two states, Pennsylvania and Michigan, Trump’s team is trying to avoid certification of results.
The certification deadline is important because federal law says that as long as the election results are completed by December 8, “Conclusive”.
Most likely, the Trump team is trying to avoid this deadline and have more time to question the election result.
However, the courts are unlikely to intervene in Trump’s favor, according to Richard Pildes, a law professor at New York University.
“The states will begin certifying the votes in less than 10 days and there is no concrete basis to suggest that the courts will try to stop this process.”Pildes said.
What if Trump’s team plan works?
Even if all the conditions presented are met and Trump’s team manages to complete the plans in court, the fight still would not end in favor of the current president.
The states of Michigan, Wisconsin, Pennsylvania and Nevada are headed by Democratic governors, who will refuse to assign voters to Donald Trump, given that Joe Biden undoubtedly won the popular vote.
A continuation of the legal fight would lead to the participation of Congress, the Senate and, finally, the Supreme Court of Justice.
The indefinite postponement does not favor Donald Trump either. If there is no clear winner by January 20 (the day the next president is inaugurated), the interim president position would be assumed by Nancy Pelosi, the Speaker of the House of Representatives and a member of the Democratic Party.
