Liberal Lawyers Urge Longshot Nuclear Option To Stop Trump From Taking Office | The Daily Caller
By: dailycaller
S E E D E D C O N T E N T
Two liberal attorneys claimed Thursday that Congress can still prevent President-elect Donald Trump from taking office — and elect Vice President Kamala Harris in his place — if they act fast.
Congress can reject electoral votes on when they gather to certify them on Jan. 6 because Trump is disqualified from holding office under 14th Amendment, which restricts anyone who took an oath to support the Constitution and then "engaged in insurrection" from holding office, attorneys Evan Davis and David Schulte wrote in a column for The Hill.
"The unlikelihood of congressional Republicans doing anything that might elect Harris as president is obvious," the attorneys wrote. "But Democrats need to take a stand against Electoral College votes for a person disqualified by the Constitution from holding office unless and until this disability is removed. No less is required by their oath to support and defend the Constitution."
Lawmakers have grounds to dispute the vote if electors were "not lawfully certified" or if the vote was "not regularly given," they claim.
"A vote for a candidate disqualified by the Constitution is plainly in accordance with the normal use of words 'not regularly given,'" the attorneys argued, writing that disqualification for insurrection is "no different from disqualification based on other constitutional requirements such as age, citizenship from birth and 14 years' residency in the United States."
"To make an objection under the Count Act requires a petition signed by 20 percent of the members of each House," they continued. "If the objection is sustained by majority vote in each house, the vote is not counted and the number of votes required to be elected is reduced by the number of disqualified votes. If all votes for Trump were not counted, Kamala Harris would be elected president."
The Supreme Court rejected Colorado's attempt to remove Trump from the state's 2024 ballot in February. The majority held that Congress must pass legislation in order to enforce Section 3 of the 14th Amendment.
Colorado was one of multiple states that attempted to remove Trump from the ballot early on in the election.
Several top Democrats told Politico on Thursday that they do not intend to object to Trump's win.
"I think you're going to have a pretty sort of normal transfer, and I think we will respect the wishes of the American people … in contrast to what happened January 6, 2021," Democratic New York Rep. Joe Morelle told Politico.
Even Democrats who lodged objections to Trump's electors in 2017 have said they will not repeat the act this year, according to Politico.
All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter's byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.
Tags
Who is online
406 visitors
And the nine-year-long attempts keep coming and coming. Whatever happened to accepting the results of a fair and legal election? But Trump breaks the tradition once again by driving the opposition nuts and appealing to those who recognize the absolute need after the last 4 years..
[✘]
Kids that get beat up on the playground don’t go away. They become progressives.
Nah, they become jarheads.
With less than a month to go and the Republicans set to control the House and Senate, there is about as chance of blizzard in the Sahara Desert of what two looney liberal lawyers suggesting will happen.
That went bye bye 4 years ago when a losing candidate tried to game the system, and to this day refuses to admit defeat.
Democrats don't believe in the Constitution or laws.
They gave proven it repeatedly over the last nine years and counting.
By this action they are proving to be absolute hypocrites in every sense of the word.
Crazy people
The stupidity of the liberal left is fucking hilarious. "engaged in insurrection"? That would require charges and a conviction of such action. So far all we've seen are hurt feelings and false unproven claims.
To be fair, it seems the Dems aren't on board with these lawyers. I imagine most people on the left can see this for what it is as well. That's why we don't see the talking heads talking about this or, not that I've seen.
In other news, water is wet, the sun is still hot and Christmas is coming ……
MAGA drones can rest easy, this is not going to happen.
Trying to overturn fair and legal elections is strictly a Republican thing.
Yawn …..
Ditto....
The Democrat insurrectionists will not succeed.
We already know that.
Republicans should force a vote on the floor to see which Democrats vote for this traitorous garbage. Get them on record- which is what the two that put this idea forward want anyways.
So then you acknowledge that Trump is a traitor.
Reading comprehension seems to be a problem today.
And ability to recognize sarcasm.
And don't even get me started on lack of a sense of humor.
You do realize it is not the Republicans suggesting this don't you?
Everybody know's it's not going to happen. There has to be proof of the accusations first. Democrats and left have failed to prove that.
Then explain the Democrats doing it since 2016 election. Or did you forget the Russia Collusion hoax they ran with?
When has the left ever required proof for anything before jumping into the water (including the depth of the water)