Gas Bandit's Political Thread V: The Vampire Likes Bats

I watched a long video earlier from a conservative constitutional lawyer, who put up listings of all the rules and clauses of the Constitution and it's amendments to explain how limited Trump's options actually are, even should he reach most of his goals. The thing I found interesting? He says with the Democrats still narrowly owning the House, it's impossible for Trump to carry out a soft coup.

He gave two worst case scenario examples which he said are so unlikely to be nearly absurd, but lets say should Biden get over 37 faithless electors, or the Supreme Court, somehow, throws out a huge chunk of the votes from various states, then these two things can happen that would still prevent Trump.

First, should Trump somehow convince enough electors to go faithless and knock the electoral vote down to a tie, pushing it to the legislature to vote, the Democrats can simply do what he called "stacking the deck". He said this is a nuclear option, but is technically legal under the Constitution. What is stacking the deck? When Congress begins the swearing in process for the new term, the Speaker of the House is sworn in first, then other representatives are sworn in after, at which point they would caucus and move to the Presidential vote on the first convening of the new Congress with the states rep majority assigning who gets the vote. All Nancy Pelosi would have to do is swear in all the Democrats first, then once it's time to swear in the Republicans, she would put in a call to "investigate the fraud" before she can continue her swearing in process, buying time till the first convening of Congress. When the time comes for the first convening, since all the Democrats were sworn in and the Republicans were not, they would have the majority in most states for the vote, thus voting for Biden, and then would "end the investigation" to continue swearing in Republicans. He said it's highly unlikely they would need to ever do this.

The second option he gave, should they not want to follow the first one to get Biden in, is to simply stalemate the entire system once the Electoral Votes are being cast. The way he explained it, was that Electoral Votes are counted during a Joint Session between the House and Senate. They go through each state alphabetically until they reach the last state and then tally the votes. Here is the thing, while most representatives do oral "objections" to various Electoral Votes for show, if a sitting Senator and Representative jointly sign a written objection to a specific states Electors (Say, Alabama, as it's one of the first on the list for counting) then the Joint Session immediately ends and both the House and Senate take the objection, consider it, and vote to either approve the electors or reject them based on the objection.

If both the Senate and the House approve the electors, it goes back to the vote. If the Senate approved the Electors, but the House rejects, then the Governor can write a formal letter saying the states Electors are valid (a sort of tie breaker), and it once again goes back to the vote. But what if the House simply does not even vote on the objection? Well, then nothing happens, because the Senate nor the Supreme Court can force the House to vote, and if the House throws the investigation of the objection to committee and then never convenes that committee, they basically lock the entire process down. They can theoretically hold this stalemate until Jan 21st, at which point the line of succession would mean Acting President Nancy Pelosi. Think of it like how Mitch held the SC nomination for months by simply not taking it to a vote, Nancy would basically be doing the same for the Presidency itself.

He points out how extreme these options are, but should Trump actually attempt a soft coup, then all bets are off, and the House holds all the electoral cards by design.

It was very interesting.
 
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That assumes that Democrats are willing to be "partisan" and actually throw their weight around. Something they've been far too reluctant to do.
Biden's certainly been willing to stuff his fucking transition team with corporate CEOS and announce they are locking Bernie and Warren out of the Cabinet.

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Glad my LGBTQ friends won't be (legally) murdered in their homes by authorized religious extremists but I'm so fucking tired of this broken ass system.
 

figmentPez

Staff member
Because they still think the nation isn't too broken to mend back together.

I really don't know if that is true.
Even if the nation can be mended and brought back together: If you try to let a broken bone heal without setting it properly, then it will cause chronic problems, and an infected wound can't heal without getting rid of the infection.

This isn't something that's going to heal by just leaving it alone and letting time pass. Letting Trump get away with a coup would be like letting an attempted murderer twist the knife in his victim because you're too afraid that trying to get his hand off the knife will cause further damage. Even letting him go without prosecution would be like trying to help a gunshot victim recover by giving them chicken soup and diffusing some essential oils, because surgery and blood donations are extreme measures that set a bad precedent.
 
Even if the nation can be mended and brought back together: If you try to let a broken bone heal without setting it properly, then it will cause chronic problems, and an infected wound can't heal without getting rid of the infection.

This isn't something that's going to heal by just leaving it alone and letting time pass. Letting Trump get away with a coup would be like letting an attempted murderer twist the knife in his victim because you're too afraid that trying to get his hand off the knife will cause further damage. Even letting him go without prosecution would be like trying to help a gunshot victim recover by giving them chicken soup and diffusing some essential oils, because surgery and blood donations are extreme measures that set a bad precedent.
Preaching the choir, my man.
 
Biden's certainly been willing to stuff his fucking transition team with corporate CEOS and announce they are locking Bernie and Warren out of the Cabinet.

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Glad my LGBTQ friends won't be (legally) murdered in their homes by authorized religious extremists but I'm so fucking tired of this broken ass system.
Can we PLEASE make sure orange boi is shoved out the fucking door first? I'd like at least one month of not wanting to blow my brains out.
 
Really wish I stayed in my bubble. Things were looking up so I loosened my embargo and then that whole Michigan junk happened today and my heart can't take it. Think I am going to go back to ignoring this stuff till the day the electors vote, or just till Biden is sworn in. It's just too much.
 

GasBandit

Staff member
I'm kind of surprised he relented. I expected it to take something more litigious. Maybe that threat formed and he decided to head it off at the pass by making it look like his own idea to start the transition now.
 
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