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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.
It is feared that Donald Trump and other Republicans will do their best 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.”Secretary of State Mike Pompeo said last week.
William Barr, the Attorney General, authorized federal prosecutors to investigate irregularities in the election process. Donald Trump also fired Christopher Krebs, director of the Agency for Infrastructure and Information Security, on Tuesday after saying the 2020 elections were not rigged.
Although Donald Trump’s plans to prove he won the election are elaborate, he is unlikely to stay in the White House for another term or orchestrate a coup.
There is no constitutional way for Donald Trump to stay in power
The constituency will meet on December 14 to cast the official vote, and each state uses the result of the popular vote to allocate its constituents.
Biden will win well over the 270 required electoral votes, according to forecasts. However, there is an unlikely legal theory that Trump and his administration believe the pro-Republican legislatures will agree to ignore the outcome of the popular vote and appoint their own voters.
Federal law states that this scenario is possible if states fail “Come to a conclusion” until the day the constituency meets.
The reason this theory cannot work in Donald Trump’s favor is that there is no evidence of electoral fraud in any state, and Joe Biden’s sizable lead shows that he was properly elected 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 decide to ignore the popular vote, which would have been out of the ordinary, this would not be enough for Donald Trump to win. The decision should be made in several other 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, said he would “Obey the law”, which clearly says that the voters will be won by the person who wins the popular vote.
Which is, in fact, the purpose of the lawsuits filed 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 “Pour over” the result of the elections, but rather the creation of a framework of insecurity and distrust in the counting process.
Each state has its own deadline for certifying the election result, which is then used for allocating electoral votes. In at least two states, Pennsylvania and Michigan, Trump’s team is trying to prevent certification of the results.
The deadline for certification is important because federal law states that as long as the election results are completed by December 8, they are “Concluding”.
Most likely, Trump’s 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.
“States will begin certifying votes in less than 10 days and there is no concrete basis to suggest that the courts will try to stop this process.”said Pildes.
What if Trump’s team plan works?
Even if all the conditions presented were met and Trump’s team succeeded in carrying out the plans in court, the fight would still not end in favor of the current president.
The states of Michigan, Wisconsin, Pennsylvania and Nevada are led by Democratic governors, who will refuse to assign voters to Donald Trump, as Joe Biden has undoubtedly won the popular vote.
A continuation of the legal fight would lead to the involvement of Congress, the Senate and, ultimately, the Supreme Court of Justice.
Not even the indefinite postponement is in favor of Donald Trump. If by January 20 (inauguration day of the next president) there is no clear winner, the office of interim president would be taken by Nancy Pelosi, president of the House of Representatives and member of the Democratic Party.
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