Re:Parler’s de-platforming shows the exceptional power of cl...
by dragonwriter on Monday January 18, 2021 @11:52PM
(#25830128)
> If the Jan 6 vote did not happen or if the results were not approved - Joe Biden was still unambiguously 'chosen' by in a free and fair election by all accounts?
The only account that has any force under the Constitution is the one made by Congress of the electoral votes cast by the States. That's why it was the target of the insurrection; if that could be manipulated, whether by giving courage to secret allies who might otherwise have a failure of conviction in Congress (what Trump overtly called on the crowd to do), or intimidation, or by forcibly removing members who were obstacles, then the election results could be undone; the “steal” could be “stopped”.
> Would the factual legitimacy of his election result in SCOTUS validating his claim to the Presidency?
Almost certainly not, and if it did it would be the Supreme Court voiding the Constitutional reservation of the role of judging electoral results from Congress, a different kind of coup.
> Would Democrats even remotely accept anything other that Biden as President?
No, if it was clear that the count was going to be obstructed and incomplete, rather than completed with a different outcome, but the House was capable of acting, they'd probably just elect Biden Speaker.
> If the 'election was rigged' - doesn't that invalidate the entire Congress as well? Including Pelosi? And all the Senators?
Legally, they are separate elections held at the same time, so, no, not in the eyes of the law, even if the first part was a conclusion of law, rather than a propaganda point to rationalize an application of raw power, which is what it would be.
> If a free and fair election were already held in November, and it was overturned for political reasons, what would be the point of having another one, if the results can be ignored on the basis of populism?
The same reason authoritarian regimes usually have elections; purely performative, rather than substantive.
The only account that has any force under the Constitution is the one made by Congress of the electoral votes cast by the States. That's why it was the target of the insurrection; if that could be manipulated, whether by giving courage to secret allies who might otherwise have a failure of conviction in Congress (what Trump overtly called on the crowd to do), or intimidation, or by forcibly removing members who were obstacles, then the election results could be undone; the “steal” could be “stopped”.
> Would the factual legitimacy of his election result in SCOTUS validating his claim to the Presidency?
Almost certainly not, and if it did it would be the Supreme Court voiding the Constitutional reservation of the role of judging electoral results from Congress, a different kind of coup.
> Would Democrats even remotely accept anything other that Biden as President?
No, if it was clear that the count was going to be obstructed and incomplete, rather than completed with a different outcome, but the House was capable of acting, they'd probably just elect Biden Speaker.
> If the 'election was rigged' - doesn't that invalidate the entire Congress as well? Including Pelosi? And all the Senators?
Legally, they are separate elections held at the same time, so, no, not in the eyes of the law, even if the first part was a conclusion of law, rather than a propaganda point to rationalize an application of raw power, which is what it would be.
> If a free and fair election were already held in November, and it was overturned for political reasons, what would be the point of having another one, if the results can be ignored on the basis of populism?
The same reason authoritarian regimes usually have elections; purely performative, rather than substantive.
> It would be total chaos.
Well, yeah, that's not really in dispute.