[Rushtalk] Trump 2020 Strategic Adviser: Constitution Does Not Prohibit Trump from Being Reinstated

Carl Spitzer {C Juno} cwsiv at juno.com
Sun Jun 27 09:25:55 MDT 2021

Trump 2020 Strategic Adviser: Constitution Does Not Prohibit Trump from
Being Reinstated

Elizabeth StaufferJune 22, 2021 at 4:45pm 

It’s becoming impossible to ignore the “audit fever” that began in
Maricopa County, Arizona, and is spreading into other critical swing

Earlier this month, Politico-Morning Consult released a poll that found
that nearly 20 percent of voters believe former President Donald Trump
will likely be reinstated due to fraud in the 2020 election.

The poll was conducted from June 4 to June 7 among 1,990 registered
voters with a margin of error of +/- 2 percentage points.

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On Friday, a Hill-HarrisX poll showed that 30 percent of Republicans, 13
percent of Democrats and 26 percent of independents think Trump will
likely be reinstalled at 1600 Pennsylvania Avenue this year.

That poll was conducted from June 17 to June 18 among 942 registered
voters with a margin of error of +/- 3.19 percentage points.

After reporting the results of the poll, The Hill added: “There is no
constitutional or legal mechanism for Trump to return to office in 2021
after losing to President Biden in last year’s election. The Electoral
College results were certified by Congress in January.”

We’re certainly in uncharted territory, but to say there is “no
constitutional or legal mechanism” to right the wrong that many are
convinced occurred last November might be wishful thinking on the part
of The Hill. 

On Monday, former Trump campaign adviser Boris Epshteyn joined Dr. Gina
Loudon on her podcast, “Real America’s Voice,” to discuss what could be

Epshteyn believes that if fraud is proved in a sufficient number of
states, the case will be given to the Supreme Court to decide.

“To say there’s not a path is a misunderstanding of the Constitution,”
Epshteyn said.

        “To say there’s not a path is a misunderstanding of the
        constitution” @BorisEP joins @RealDrGina tonight at 7pm ET on
        #PrimeTime to explain how President Donald Trump could
        potentially be reinstated. pic.twitter.com/yKtlFxuh7p
        — Real America’s Voice (RAV) (@RealAmVoice) June 21, 2021

“The Constitution is a negative rights document, meaning it prohibits
certain things. It prohibits the states from abridging the right to free
speech. It prohibits the federal government from doing the same. It
prohibits putting somebody in jail without having actual charges against

“But everything that is not prohibited in the Constitution is allowed.
So, for example, the Constitution doesn’t speak to our ability or right
to drive a car. It doesn’t say anything about us going to the beach, but
we can still go to the beach.”

“Processes not laid out in the Constitution are assumed actually to be
constitutional,” Epshteyn continued.

“And if anything, the interplay of the Tenth Amendment, which says that
what is not enumerated is left to the states, the Twelfth Amendment and
Article II of the Constitution, which say that state legislatures are
the ones who define how presidential elections are carried out, would
suggest that states do have a right to de-certify.

“And from then, it’s an open question what happens next. And I believe
that that question will end up in front of the Supreme Court. But nobody
can say for sure that it’s unconstitutional. … This is a deep
constitutional question, but what I know for sure is that it’s
impossible right now to say that there could not be reinstatement.”

Once we get the results of various states’ forensic audits, Epshteyn
said, “de-certification should happen because that’s the correct step
from the states. And from then on in terms of deciding what to do about
the federal election, well, there’s gonna be an open question. And I
believe it will end up in front of the Supreme Court to be decided.”

Do you believe Biden is the legitimate winner of the 2020 election?
Yes No 

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Privacy Policy and Terms of Use. 
I’m not saying that Trump will be reinstated.

However, if sufficient fraud is proved in Arizona, Georgia and
Pennsylvania — or perhaps a different combination of swing states — to
overturn the results in those states and provide Trump with the number
of electoral votes he needs to win, there is a way forward.

Yes, this is an unprecedented situation. That doesn’t mean it’s too big
for us to handle.

Elizabeth is a contract writer at The Western Journal. Her articles have
appeared on many conservative websites including RedState, Newsmax, The
Federalist, Bongino.com, HotAir, Instapundit, MSN and RealClearPolitics.
Please follow Elizabeth on Twitter.


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