The most recent MAGA ploy to overturn the election comes not within the courtroom, however from pardoned felon Michael Flynn, who took to Newsmax to induce Trump to invoke the Rebel Act, declare martial regulation, and have the navy rerun the election. Far proper teams are satisfied that they’ve lastly discovered a manner round that pesky election.
Like all of MAGA’s prior post-election ploys, this one fails.
First, a president has solely restricted energy beneath the Rebel Act, and that energy is proscribed to deploying troops to maintain the peace. The navy has no authority to conduct or re-conduct elections, and no authority to invalidate votes. Certainly, navy spokespeople issued quite a few statements, earlier than and after the election, confirming that they’d play no function in figuring out the end result of the election.
Second, and that is the lesson the Trump Marketing campaign did not study regardless of 59 post-election lawsuits failing on this floor: States govern how and when elections are carried out, not any department of the Federal Authorities. Even GOP strongholds like Georgia have refused Trump’s calls to overturn the election.
Lastly, MAGA misses the truth that the election was already held and determined. Then determined once more in recounts. Then determined once more (and once more, and once more) in court docket. The declaration of martial regulation wouldn’t negate the election or droop the Constitutional mandate that on January 20, 2021, Trump’s time period expires.
Like all of MAGA’s different plans, this one is extra cuckoo than coup. The Rebel Act doesn’t present for overturning the election, the Structure doesn’t allow it, and on January 20, 2021, the navy Flynn seeks to misuse could have a brand new Commander in Chief.