Judge Napolitano has lost his marbles, along with a lot of people lately. He claims Nancy Pelosi will become Acting POTUS if the election is delayed past January 20th. There is little doubt the Democrats might try it if they can, but it would be unconstitutional, and it would be nothing less than a coup.
This is his view as reported by Fox News:
“It might be right,” Napolitano told host Stuart Varney. “President Trump’s term ends at precisely noon on Jan. 20, 2021. If the Electoral College has not yet named a successor, presumably either Donald Trump or Joe Biden, then whoever is the speaker of the House would become the acting president of the United States.”
He explained, “If the Democrats retain their majority in the House, and it appears likely that they will, but if they do, and if they choose Mrs. Pelosi, knowing at that point that they’re choosing the president of the United States, then it would be she.”
Democrats could choose someone else or the Republicans could have the majority if they flip the House in November, the judge said.
“Stated simply,” he added, “whoever is the sitting speaker of the United States, would become president at noon on Jan. 20, 2021, if the Electoral College has failed to elect someone.”
We need to fight this kind of misinformation or we will fall prey to it. Judge Nap is Fox News’ senior analyst and he is WRONG!
Our legal consultant, constitutional attorney, Krisanne Hall, explains why it is not true in this clip:
BOTTOM LINE
What it boils down to is a member of Congress could only become acting president if the constitution is ignored.
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The Founders established a process for this eventuality, and it means no laws are passed and the President’s powers are limited until the electors decide.
Creating a replacement of the President that is the function of politics and not the election is the extinguishment of the Constitution. You CANNOT ALLOW someone who is politically elected to become President just because all votes are not counted.
“If the Electoral College has not yet named a successor…”
Huh? The Electoral College doesn’t “name” anything itself. Congress validates the EC vote (“open the electoral certificates”) in a joint session – and as both the protocol and 1876 history tell us, it can reject EC votes (or slates of electors) if it deems so. Currently the generally hazy Electoral Count Act of 1887 codifies the process.
“…if the Electoral College has failed to elect someone.”
Again I’m not sure what this is supposed to mean. The EC meets once, and catalogues its vote totals. After that, it is up to Congress: first to count/validate the EC votes, and secondly to follow a set protocol (contingent election, by State delegations in the House) in case no candidate has a majority of EC votes. Again history gives examples (like 1824) where the “Electoral College” failed to elect anyone.
The Witch has made it crystal clear she intends to oust Trump the election results be damned. Once the Witch breaks into the White House you’ll have to “fumigate it” to get her out. Armed communist moibs are already prepared to descend on DC to oust and perhaps even kill Trump. A hundred thousand, a million, patriots better be prepared to rush to DC to defend the President. There can be only one outcome of the election and that is four more years of Trump and Pence. The alternative is to hand the country over to the ChiComs and Soros.
People should look up his record. His background as a judge isn’t all that impressive. He speaks mainly ‘off the cuff’ rather than actually check the law. But let’s admit it. Fox doesn’t have the brightest on their payroll, including paid contributors, which are many.
It ain’t going to happen. Who elects the president under our system? The Electoral College. Voting for the president is a formality that gives the electors direction how the individual state’s electors vote. The Electoral College will meet and decide whether President Trump wins or Joe Biden. Nancy Pelosi will not become the president.