Open letter to Prof. Allan Lichtman

[returnee]

Dear Professor Lichtman,

I want to start by recognizing your expertise and track record. I take your work seriously. I’m writing in this venue as I don’t know how else to reach you or how to give the idea I’m writing about the attention I believe it deserves.

I’m wondering, however, about your recommendation that if President Biden is going to withdraw from the presidential race, that he resign the presidency as well in order to maintain the incumbency, one of your 13 keys, for Kamala Harris. While I agree with your primary recommendation that the Biden/Harris ticket continue as is, it is clear that some powerful other players don’t.

Here’s the rub: If Biden resigns and Harris becomes president, who will become vice president? Of course you are aware of the process in such circumstances: the naming of a candidate, and approval by a majority of both houses of Congress. When I look at these bodies I have little faith that the House will approve the nominee. I’m not even certain we can count on the Senate in these strange times.

In this scenario, we would be left with no one to carry out the ceremonial duty of certifying the electors submitted to Congress. It is virtual certainty that the forces of MAGA in the “red” State houses will attempt any strategy to put Trump back into the presidency, strategies that could conceivably be addressed and hopefully redressed if necessary in this so-called ceremonial process of certifying the submitted electors. This one strategy would be too tempting for MAGA to ignore, and if I’ve thought of it, I’d wager they have already as well.

I’ve only seen this potential obstacle mentioned here on Democratic Underground. As far as I know I was the first to raise it. I would be pleased if you would consider it in your recommendations and predictions, and if you think it a considerable concern, to mention it publicly, if it could in some way deter us from making disastrous choices.

Thank you.

[Biophilic]

1. Jesus, it would probably fall to Mike Johnson.

No way will he endorse/certify the election. Good gravy. What a diabolical. I think I might just go outside and eat worms.

[lees1975]

4. That ceremonial task, belongs to the Vice President, as head of the senate.

If we had no vice president, the speaker becomes next in line for the Presidency, but does not take over or become vice-president. That duty would fall to the President ProTempore of the Senate, who I believe is Wasington Senator Patty Murray.

[Biophilic]

6. Thanks for the clarification. Appreciate it.

[returnee]

9. Yes, thanks.

[Rstrstx]

11. Isn't the new Congress seated before the certification of the vote?

No guarantee the Senate would be in Democratic hands. But I suppose Joe (or Kamala) could just have someone who is uncooperative whisked away as an “official act”

[OnDoutside]

2. WOW, that's an incredible question !

[Elessar Zappa]

3. Geez, I hadn't thought of that scenario.

That there is a good reason to keep Joe.

[ecstatic]

5. wow I had not thought about that! nt

[OnDoutside]

7. Looks like you are dead right... See here

The 25th Amendment, Section 1, clarifies Article II, Section 1, Clause 6, by stating unequivocally that the vice president is the direct successor of the president, and becomes president if the incumbent dies, resigns or is removed from office. It also, in sections 3 and 4, provides for situations where the president is temporarily disabled, such as if the president has a surgical procedure or becomes mentally unfit, establishing procedures whereby the vice president can become acting president. Additionally, in Section 2, the amendment provides a mechanism for intra-term vice presidential succession, establishing that a vice presidential vacancy will be filled by a president's nominee upon confirmation by a majority vote of both houses of Congress.[D] Previously, whenever a vice president had succeeded to the presidency or had died or resigned from office, the vice presidency remained vacant until the next presidential and vice presidential terms began; there were 16 such vacancies prior to 1967.

[OnDoutside]

8. Republicans can block a new VP...gives Biden

a helluva leverage threat ?

[dsc]

10. It would fall to Patty Murray

who is President Pro Tem of the Senate. If the GOP takes control it would be Grassley unless he bows out like Feinstein did. If he bowed out then it would be McConnell followed by Collins. My guess is if Grassley bowed out, McConnell likely would, and that would leave Collins.

[SocialDemocrat61]

12. Lichtman is not recommending

that Biden resign. He has been outspoken in saying that Biden has the best chance of beating Trump. His recommendation is that Biden not step aside. He only said that if Biden were forced to step aside that he also resign to maintain the advantage of incumbency.
As far as certifying the election, the Vice President has no power to do that. Congress certifies the election. The VP merely presides over the process and can’t interfere with it.
Also, the current congress doesn’t certify. It’s the new congress, elected in November, and sworn in on January 2nd that certifies the election.