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

Dennis Putnam dap1 at bellsouth.net
Sun Jun 27 09:31:04 MDT 2021

No court is going to be willing to do that no matter how much we wish it 
or how legal it might be.

On 6/27/2021 11:25 AM, Carl Spitzer {C Juno} via Rushtalk wrote:
>   *Trump 2020 Strategic Adviser: Constitution Does Not Prohibit Trump
>   from Being Reinstated*
> <https://www.westernjournal.com/author/estauffer/> Elizabeth Stauffer 
> <https://www.westernjournal.com/author/estauffer/>June 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 
> states.
> Earlier this month, Politico-Morning Consult released a poll 
> <https://www.politico.com/f/?id=00000179-ee6b-d193-a1f9-effb68130000&nname=playbook&nid=0000014f-1646-d88f-a1cf-5f46b7bd0000&nrid=0000014e-f115-dd93-ad7f-f91513e50001&nlid=630318> 
> that found that nearly 20 percent of voters believe former President 
> Donald Trump 
> <https://www.westernjournal.com/trump-holds-strong-not-conceded-2020-election/> 
> 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.
> Advertisement - story continues below
> On Friday, a Hill-HarrisX poll 
> <https://thehill.com/hilltv/what-americas-thinking/559206-poll-30-percent-of-republican-voters-say-its-likely-trump-will> 
> showed that 30 percent of Republicans, 13 percent of Democrats 
> <https://www.westernjournal.com/sen-kyrsten-sinema-calls-hypocrisy-fellow-democrats-objects-push-eliminate-filibuster/> 
> 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 
> <https://americasvoice.news/video/YfQRWkL27WSNXVF/>, “Real America’s 
> Voice,” to discuss what could be done.
> Epshteyn believes that if fraud is proved in a sufficient number of 
> states, the case will be given to the Supreme Court 
> <https://www.westernjournal.com/supreme-court-issues-major-ruling-obamacare/> 
> 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 <https://twitter.com/BorisEP> joins
>     @RealDrGina <https://twitter.com/RealDrGina> tonight at 7pm ET on
>     #PrimeTime
>     <https://twitter.com/hashtag/PrimeTime?src=hash&ref_src=twsrc%5Etfw>
>     to explain how President Donald Trump could potentially be
>     reinstated. pic.twitter.com/yKtlFxuh7p <https://t.co/yKtlFxuh7p>
>     — Real America’s Voice (RAV) (@RealAmVoice) June 21, 2021
>     <https://twitter.com/RealAmVoice/status/1407108284398510080>
> “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 them.”
> “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
> Completing this poll entitles you to The Western Journal news updates 
> free of charge. You may opt out at anytime. You also agree to our 
> Privacy Policy <https://www.westernjournal.com/about/privacy-policy/> 
> and Terms of Use 
> <https://www.westernjournal.com/about/terms-service/>. I’m not saying 
> that Trump will be reinstated.
> However, if sufficient fraud is proved in Arizona 
> <https://www.westernjournal.com/arizona-audit-data-driven-1000-miles-analysis-secret-lab-wilderness/>, 
> Georgia 
> <https://www.westernjournal.com/investigation-100-batches-absentee-ballots-fulton-county-missing/> 
> and Pennsylvania 
> <https://www.westernjournal.com/pennsylvania-senate-leader-says-2020-election-audit-real-possibility/> 
> — 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. @StaufferVaughn 
> <https://twitter.com/StaufferVaughn>
> https://www.westernjournal.com/trump-2020-strategic-adviser-constitution-not-prohibit-trump-reinstated/  <https://www.westernjournal.com/trump-2020-strategic-adviser-constitution-not-prohibit-trump-reinstated/>
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