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kurtcagle

(1,603 posts)
Wed Jan 15, 2020, 02:36 AM Jan 2020

Any thought about what happens if Trump invalidates an election against him or invokes martial law?

My concern - one of two scenarios occurs: Trump writes an executive order pre-emptively canceling the election, or Trump refuses to recognize the legitimacy of an election against him?

Ordinarily, I couldn't imagine either of these scenarios happening, but given everything I'm seeing, I'm not going to rule either of these possibilities out.

If so, what happens then?

31 replies = new reply since forum marked as read
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Any thought about what happens if Trump invalidates an election against him or invokes martial law? (Original Post) kurtcagle Jan 2020 OP
It's really not either/or. 7wo7rees Jan 2020 #1
Indeed: the complete co-opting of depts of Justice and State nt Drum Jan 2020 #9
precisely why he must be stopped prior to the election Grasswire2 Jan 2020 #2
He'll probably try to invoke Continuity of Government sandensea Jan 2020 #3
Is there any credible reporting on that story? tritsofme Jan 2020 #8
Bush wasn't about to admit that in public as you can imagine sandensea Jan 2020 #10
Ah, that's what I thought, CT. tritsofme Jan 2020 #17
You have a lot more faith in the Shrub that I do sandensea Jan 2020 #25
CT nonsense is still nonsense, regardless of the subject. tritsofme Jan 2020 #29
Each state is in charge of its own election. murielm99 Jan 2020 #4
'The election' takes place in 50 states, DC, and elsewhere, elleng Jan 2020 #5
So cute durablend Jan 2020 #22
Not worried... VarryOn Jan 2020 #6
An executive order would be meaningless. The process moves completely independently of tritsofme Jan 2020 #7
I agree. EO isn't going to work here. Martial law? Madness. NCLefty Jan 2020 #13
I'm not arguing that it's illegal kurtcagle Jan 2020 #11
No, because it won't happen. Get out the vote, trump's gone. Hoyt Jan 2020 #12
My thought: another post that reflects a misunderstanding of martial law. onenote Jan 2020 #14
How can he do that when the states run the elections and select the electors? Kaleva Jan 2020 #15
Stop over-rating this fool please malaise Jan 2020 #16
"he will soon be gone". . .One way or another. . . DinahMoeHum Jan 2020 #27
SCOTUS goes along with him and our country as we knew it is over. lark Jan 2020 #18
Isn't this the same sort of speculation sarisataka Jan 2020 #19
False equivalency uponit7771 Jan 2020 #21
Are you comparing Obama to Trump? First Speaker Jan 2020 #24
Only insofar as sarisataka Jan 2020 #30
Yes it is. onenote Jan 2020 #31
*** The house can refuse to certify his election*** uponit7771 Jan 2020 #20
I think this is unlikely, though he might fantasize about it. What does worry me... First Speaker Jan 2020 #23
There is no legal mechanism for a president to cancel and election Takket Jan 2020 #26
Trump would quickly learn America is no place for dictators jmowreader Jan 2020 #28

7wo7rees

(5,128 posts)
1. It's really not either/or.
Wed Jan 15, 2020, 02:43 AM
Jan 2020

He appears to be setting it up now. Election fraud, invalidate election, declare martial law/national emergency......... history......

Grasswire2

(13,569 posts)
2. precisely why he must be stopped prior to the election
Wed Jan 15, 2020, 02:43 AM
Jan 2020

We cannot risk waiting. Comey, Coats, Mueller, Wray all told us UNDER OATH it's already rigged "as we sit here."

Must stop him now. But no resignation with a "deal" that absolves him. No pardons, no deals. There's enough evidence already to force him out and charge him with crimes.

sandensea

(21,635 posts)
3. He'll probably try to invoke Continuity of Government
Wed Jan 15, 2020, 02:44 AM
Jan 2020

Dubya reportedly considered doing the same when he thought Ken Blackwell's Ohio heist in 2004 might just not work.

tritsofme

(17,377 posts)
8. Is there any credible reporting on that story?
Wed Jan 15, 2020, 03:10 AM
Jan 2020

That would be some pretty major news...it just doesn’t sound...very true.

sandensea

(21,635 posts)
10. Bush wasn't about to admit that in public as you can imagine
Wed Jan 15, 2020, 03:25 AM
Jan 2020

I remember hearing it on the news at the time. After what had already done, I don't doubt he at least considered it.

murielm99

(30,740 posts)
4. Each state is in charge of its own election.
Wed Jan 15, 2020, 02:47 AM
Jan 2020

I don't think the blue states will allow this. They will go ahead and hold the elections.

What I worry about is pressure being applied so that Congress refuses to certify the election in the event of a trump loss.

elleng

(130,903 posts)
5. 'The election' takes place in 50 states, DC, and elsewhere,
Wed Jan 15, 2020, 02:57 AM
Jan 2020

no ONE can 'invalidate' or cancel it/them.

He may or may not 'recognize' election legitimacy, the Constitution does it; he's OUT, when the 'next' president is sworn, and if necessary Secret Service will carry him off.

Martial law: 'In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval.' https://en.wikipedia.org/wiki/Martial_law#United_States

durablend

(7,460 posts)
22. So cute
Wed Jan 15, 2020, 11:40 AM
Jan 2020

That "Constitution" that he (and Barr) wipe their asses with. As if that would make a difference.

 

VarryOn

(2,343 posts)
6. Not worried...
Wed Jan 15, 2020, 03:04 AM
Jan 2020

I just dont think this one will be close. The winner will be apparent to all, even more so than last time.

tritsofme

(17,377 posts)
7. An executive order would be meaningless. The process moves completely independently of
Wed Jan 15, 2020, 03:06 AM
Jan 2020

the incumbent president.

Elections are run by the states, the federal government can’t just “cancel” them.

And even if Trump doesn’t like the results, Congress will still certify the electoral votes, and the process moves forward. His current term expires on 1/20, aside from winning reelection, nothing can change that, not even a big temper tantrum.

NCLefty

(3,678 posts)
13. I agree. EO isn't going to work here. Martial law? Madness.
Wed Jan 15, 2020, 05:27 AM
Jan 2020

Nothing would mobilize the sleepy middle faster than a dramatic power grab. Trump-loving Republicans (of the kind that would want him to be our dictator) are a MINORITY in this country and we have more guns than people. Lots would die but he will lose in that scendario. I do not think this military would follow him to the grave. He's been bad for them too.

kurtcagle

(1,603 posts)
11. I'm not arguing that it's illegal
Wed Jan 15, 2020, 04:45 AM
Jan 2020

I see no legitimate way that he can do either, but legitimacy has never been much of an issue with Trump. I'm looking more for opinions about what should be done if a constitutional crisis is forced. Remember what's at stake for the Republicans:

* Redistricting that will restore what ten years of gerrymandering has put into place.
* Historically red states going blue as younger urbanites replace aging rural populations (TX, CO, AZ, GA, FL, SC, NC)
* The general aging out of their primary support base for younger people who rely primarily upon the Internet and broader information gathering
* Signs of an impending recession that will likely hit before the election
* The decline of the primarily religious population in the US.
* Control of the judiciary
* A political scandal that will continue unfolding and taking in both senators and representatives.
* Political extinction

Yes, something will eventually rise (the growing differences between progressive and centrist Democrats most likely will be a part of it) but I'm not expecting that to be a factor until the early 2030s at the earliest.

However, given all that, I absolutely expect that the Republicans will be willing to embrace a dictatorship rather than cede power. Maybe I'm wrong, but I also believe in having contingency plans in case that does happen.


onenote

(42,702 posts)
14. My thought: another post that reflects a misunderstanding of martial law.
Wed Jan 15, 2020, 07:34 AM
Jan 2020

Per Supreme Court precedent:

"If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for, if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war."

lark

(23,099 posts)
18. SCOTUS goes along with him and our country as we knew it is over.
Wed Jan 15, 2020, 11:16 AM
Jan 2020

We will be in an effective dictatorship where the law is only valid if it's a Democrat or minority who is breaking it. There will be no/little healthcare for those who aren't rich and social security, Medicare and Medicaid will be voided or decimated quickly. This will happen quickly. Next I expect all workplace rules are voided and ruled socialist and not allowed - including 40 hour work week and OT. American workers finally wake up and riot and are killed on the street by military. Some military people defect, but most stay and shoot. America becomes No Ireland back during the Troubles, with everyone who isn't a trumper subject to being jailed, or shot in the street or at their homes Everyone with money and resources flees our now outright facist country.

Sorry for the dark view, but I'm very pessimistic about our survival if he steals another 4 years (or more). If we can't stop him from stealing the election, I don't see any hope for us as a country - and I pray I'm wrong.

First Speaker

(4,858 posts)
23. I think this is unlikely, though he might fantasize about it. What does worry me...
Wed Jan 15, 2020, 11:46 AM
Jan 2020

...is a 2000-style theft of the election, on a massive, utterly shameless scale. Say that Joe Biden gets six million more votes than Trump, and wins the Electoral College, oh, say, 297-242. But a switch of 200,000 votes in a few key states will give Trump an Electoral College win. Immediately, Trump declares the election illegitimate, claims voter fraud, and says he's the winner. He *will* do this. The question is, could he get away with it? The GOPers in Congress and Fox "News" fall into line, and open attempts are made to steal the Electoral College. Could the Dem Congress be enough to stop this? Trump says openly he's not going anywhere. And his judges control the judiciary--including, of course, the Supreme Court. Throw in another "Brooks Brothers" riot or two. Remember--that has *already happened*, in 2000. It's not a paranoid "conspiracy theory". And the Roberts Court makes the Rehnquist Court look positively sane by comparison. The election of 2020 could be--indeed, I predict will be--as grave a constitutional crisis as 1860 or 1876, and we'd better get ready for that fact. The GOP will do anything to hold onto power.

Takket

(21,566 posts)
26. There is no legal mechanism for a president to cancel and election
Wed Jan 15, 2020, 01:27 PM
Jan 2020

State’s certify them so he can’t stop that.

jmowreader

(50,557 posts)
28. Trump would quickly learn America is no place for dictators
Wed Jan 15, 2020, 01:47 PM
Jan 2020

Pence envisions a Future in Politics, as do our Congress Members. They are not going to stand by while Trump turns America into a communist country.

As to the “martial law” thing, that would fall into the “illegal orders” category. The generals are duty bound to tell a president who tries to impose it to go to hell in a hand basket.

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