Posts Tagged 'fraud'

The great American reset

It now appears all but certain that the Russian government interfered in the 2016 U.S. presidential election and may well have even altered vote counts to put Donald Trump in the White House. Perhaps even more alarming is the emerging evidence that Russian intelligence had been grooming Trump to become president since at least 2015 and quite likely some years earlier, a possibility I discussed in a post last February, Agent Trump. There is no question that Trump was aided immeasurably through the primaries and the general election by a well-fed right-wing propaganda machine. Still, for a political novice to win the nomination over a field that included three sitting Governors, six former Governors, four sitting Senators, and one former Senator is unprecedented. And for a candidate to win the election against an opponent who on the eve of the election led in national polls by three percentage point and who was judged to have an 84% chance of winning is mind-boggling. The fact that Mr. Trump won by small margins in a relatively small number of precincts he was not expected to win fuels speculation of vote-tampering. So too does the confirmed Russian hacking of election systems in 39 states. The oft-expressed claim by the GOP that those hacks only targeted voter registration records is simply ludicrous. The outlines of an illegitimate election are clear.

The wheels of American justice turn slowly, especially when the Party that controls both Houses of Congress has a vested interest in gumming up the works. And while there are mechanisms for dealing with violations of election laws and a process for removing a President guilty of high crimes and misdemeanors, whatever those might be, there is no Constitutional provision for dealing with a fraudulent election. Some might suggest that the 25th Amendment could be invoked but if the election was tainted, so too is the entire chain of succession provided for in that Amendment. Rather, I propose the following:

The Democratic National Committee and other interested parties bring suit against the Federal Election Commission challenging the legitimacy of the election. The matter would go to the Supreme Court which could, if the evidence were compelling, order the results of the election voided and the Trump administration, in its entirely, removed from office. At this point, the House of Representatives could elect an interim president to serve until a new election is held. It is worth nothing that nothing in the Constitution requires a popular vote for the President. Article II, Section 1 of the Constitution provides that each state choose Electors by whatever means its legislature directs. For that matter, nothing in the Constitution requires that the Electors from each state vote unanimously or that their votes reflect the results of the election. Assuming that having the interim President serve until 2021 is not desirable, that leaves several possibilities.

1)     The Electoral College empaneled in 2016 could be reconvened to elect a new president and vice president to serve out the term. This has the advantage of being quick. However, the legitimacy of Electors chosen in a fraudulent election could be in doubt.

2)     The states could be directed to appoint a new College of Electors to elect a new president and vice president to serve out the term. Again, this could be done fairly quickly. However, the direct selection of the Electoral College by the state legislatures, while Constitutional, would be unprecedented and almost certainly controversial.  

3)      A new presidential election could be scheduled for 2018. This is the option I call The Great American Reset. Henceforth presidential elections would be held on even-numbered years not divisible by four.

After that, when the disaster of the Trump election is behind us, perhaps the Congress will see fit to propose a Constitutional Amendment reforming our badly flawed system for electing presidents, a system that is far too easy for a hostile foreign power to subvert. Naturally, I have an opinion of how that system should function, but that is a different post.