Despite claims to the contrary, the election of Joe Biden is uncertain, and the courts may still decide in favor of Donald Trump, writes Professor Grzegorz Górski:
As we await who will be the president of the United States from Jan. 20, here are several legal-constitutional explanations for what is likely to occur:
- Starting Tuesday, Donald Trump’s lawyers will be filing lawsuits at state courts where election fraud was certainly committed by the Democrats (Arizona, Nevada, North Carolina, Pennsylvania, Michigan and Wisconsin).
- The courts will respond to the lawsuits over the next 10 to 14 days, involving state Supreme Courts. Some of these verdicts will be positive for Trump, while others will not (because in at least half of these states, the courts are controlled by Democrats).
- Trump will appeal to the Supreme Court in the case of the negative verdicts of state courts. After seven to 10 days he will receive the proper court orders directed to state authorities. The Supreme Court will refer to the precedence set in the 2000 concerning the George Bush vs Al Gore election, in which the court awarded the election to Bush over an election tally dispute in Florida.
- In the meantime, state commissions will continue to count votes and the majority of these commissions will underestimate or ignore these court orders.
- The states must form their representations to the Electoral College by Dec. 14. We can expect that the Democrats will stubbornly send their delegations while ignoring the court orders based on “calculations” prepared by CNN and the Associated Press.
- On Dec. 14, the Electoral College will choose Joe Biden, not caring that some of the state electoral groups will be voting illegally.
This is where the second stage starts. According to the 1876 law and the 12th amendment to the 1804 constitution, the following scenario could occur.
- The result of the elections in the US is confirmed by Congress at a joint sessions of both houses, which will take place on Jan. 6, 2021.
- The joint session will be coordinated by Vice President Mike Pence. At the behest of a written and motivated motion of one congressman and one senator (combined), the session’s leader (Pence) may confirm the incorrectness of a state certificate. If the certificate will be incompatible with the court orders and verdicts, this will be obvious.
- The decision of the session leader is not subject to a vote, because it is not foreseen by an amendment or law. As a result, this may lead to a situation in which some of the electoral votes will be questioned and no candidate will receive 270 electoral votes.
- Here it must be emphasized that there has never been such a situation before, so this opens a path for the shaping of a new constitutional precedent.
- If it turns out that the choice of a president cannot be confirmed this way because neither Trump nor Biden receive the necessary majority in the Electoral College, then, and this is the most interesting part:
- The president is elected by the House of Representatives (a contingent election). Importantly, the vote is not carried by a majority of the House’s members (out of 435 congressmen).
- The vote is instead conducted through states (so 51 votes are cast). Each state has one vote and its color is determined by which political party has more congressmen in that state.
- Right now, due to the current elections, the Republicans have a majority among congressmen from 28 states and Democrats have a majority in 20 states. Neither side has a majority in three states.
- This procedure must be ended by Jan. 20, 2021, and by midnight. If such a choice will not be conducted by that deadline, then the Speaker of the House of Representatives will be voted in as acting president by a simple majority in the House. In this case, it will probably be Nancy Pelosi.
Do you now understand now why the Democrats announced “victory”? Why they are trying to influence courts using street demonstrations and threatening a civil war?
Now the true question: who really is closer to reaching the presidency?
This is why I will repeat after Mark Twain: “The rumors of Donald Trump’s death have been greatly exaggerated”.
