Politics - News Analysis

Trump’s Possible Next Move: Block Certification With Judges and Legislatures Before Electoral College

Our regular readers will be forgiven for tiring of this topic. But it is now interesting that more mainstream outlets are pointing to what we here have been saying for months as Trump’s likely next move.

Yes, he is having judges attempt to block the appointment of electors and he’s had no success at all in doing so. His next move would be to go to the legislatures themselves. (As all our regular readers know).

As Vox reports:

That could change, however. The dangerous scenario would be if some combination of Republican state officials, Republican legislators, and Republican-appointed judges attempts to block the certification of results in key states Biden won, or to replace Biden electors with Trump electors — likely citing assertions that the election results were plagued by some type of fraud.

One wonderful detail to report. When we continually pointed to this tactic as a possibility, we somewhat assumed that the Trump administration would do a bit better job of asserting fraud, that they’d find (or pay) people somewhere to say things, etc. that actually make judges want to have hearings or at least temporarily stop certification. They are having a very difficult time doing that.

Just as you’ve read before:

So for Trump to overturn the results of the election, he would have to prevent at least three of the six key swing states — Michigan, Wisconsin, Pennsylvania, Nevada, Arizona, and Georgia — from certifying their results showing Biden winning and/or appointing Biden electors.

We always said PA, WI, MI.

But it becomes a tall task when Trump attorneys keep admitting in court that they have no evidence “yet” of any fraud, as has happened several times in the last few days. This is where we might have given the Trump administration too much credit.

But do not get comfortable, because those legislators are starting to talk openly about “being open” to everything:

Wisconsin state Rep. Joe Sanfelippo (R), has already endorsed this idea. “You either have to toss this election out and have a whole new election, or we have our delegates to the Electoral College vote for the person they think legitimately should have won,” he said this week. Sanfelippo is on the committee that Assembly Speaker Robin Vos (R) has told to investigate the election

Meanwhile, Pennsylvania’s Republican Senate majority leader, Jake Corman, has long claimed that the state legislature plays no role in selecting electors. But in recent days he has begun to hedge that statement somewhat, saying this would be the case “in normal circumstances.” (“Pressure has begun mounting on Corman and other GOP state leaders to reverse course and somehow overturn the results of the race,” Politico’s Holly Otterbein reported Tuesday.)

There are many other complications and even a chance for the Supreme Court to get involved (as to whether a state legislature has the right to change their own rules because they are in charge of selecting electors). But readers understand the general plan as we report on it near daily.

We do it daily because it sure appears that this is what Trump is going to try. So be ready. We know Team Biden is, and things are already looking very “uphill” for the Trump team.

****

Peace, y’all
Jason
[email protected] and on Twitter @JasonMiciak

meet the author

Jason Miciak is a political writer, features writer, author, and attorney. He is originally from Canada but grew up in the Pacific Northwest. He now enjoys life as a single dad raising a ridiculously-loved young girl on the beaches of the Gulf Coast. He is very much the dreamy mystic, a day without learning is a day not lived. He is passionate about his flower pots and studies philosophical science, religion, and non-mathematical principles of theoretical physics. Dogs, pizza, and love are proof that God exists. "Above all else, love one another."

Comments

Comments are currently closed.