Could Trump be reinstated? 105

What if the ballot audits now being carried out in some swing states were to prove that Trump won the November 2020 election?

This is from the Western Journal:

It’s becoming impossible to ignore the “audit fever” that began in Maricopa County, Arizona, and is spreading into other critical swing states.

Earlier this month, Politico-Morning Consult released a poll that found that nearly 20 percent of voters believe former President Donald Trump will likely be reinstated due to fraud in the 2020 election.

A Hill-HarrisX poll showed that 30 percent of Republicans, 13 percent of Democrats and 26 percent of independents think Trump will likely be reinstalled at 1600 Pennsylvania Avenue this year.

After reporting the results of the poll, The Hill added: “There is no constitutional or legal mechanism for Trump to return to office in 2021 after losing to President Biden in last year’s election. The Electoral College results were certified by Congress in January.”

We’re certainly in uncharted territory, but to say there is “no constitutional or legal mechanism” to right the wrong that many are convinced occurred last November might be wishful thinking on the part of The Hill.

The former Trump campaign adviser Boris Epshteyn joined Dr. Gina Loudon on her podcast, Real America’s Voice, to discuss what could be done.

He said:

To say there’s not a path [ to reinstatement] is a misunderstanding of the Constitution.

The Constitution is a negative rights document, meaning it prohibits certain things. It prohibits the states from abridging the right to free speech. It prohibits the federal government from doing the same. It prohibits putting somebody in jail without having actual charges against them.

But everything that is not prohibited in the Constitution is allowed. …

Processes not laid out in the Constitution are assumed actually to be constitutional.

The interplay of the Tenth Amendment, which says that what is not enumerated is left to the states, the Twelfth Amendment and Article II of the Constitution, which say that state legislatures are the ones who define how presidential elections are carried out, would suggest that states do have a right to de-certify.

From from then, it’s an open question what happens next. And I believe that that question will end up in front of the Supreme Court. But nobody can say for sure that it’s unconstitutional. This is a deep constitutional question, but what I know for sure is that it’s impossible right now to say that there could not be reinstatement.

Once we get the results of various states’ forensic audits, de-certification should happen because that’s the correct step from the states. And from then on in terms of deciding what to do about the federal election, well, there’s gonna be an open question. And I believe it will end up in front of the Supreme Court to be decided.

If sufficient fraud is proved in Arizona, Georgia and Pennsylvania — or perhaps a different combination of swing states — to overturn the results in those states and provide Trump with the number of electoral votes he needs to win, there is a way forward.

Yes, this is an unprecedented situation. That doesn’t mean it’s too big for us to handle.

Is there a ray of hope in that wistful scenario?

Or is it no more than a wistful scenario?

Posted under United States, US Constitution by Jillian Becker on Thursday, June 24, 2021

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