Former presidential candidate Hillary Clinton is making another accusation against President Donald Trump.
She believes that he’d going to try postponing the 2020 election –– and she implied he could use the coronavirus pandemic as an excuse.
“Let’s be clear,” she wrote on Twitter. “Trump does not have the power to cancel or postpone the November election.”
Let's be clear. Trump does not have the power to cancel or postpone the November election.
— Hillary Clinton (@HillaryClinton) April 6, 2020
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Clinton is echoing a conspiracy theory circulating on social media that Trump will use the virus to try to hold onto the White House, even though he’s made no suggestion he wants to cancel or postpone the election.
But there are a few holes in the Clinton conspiracy theory, starting with the election date itself, which can only be changed by an act of Congress… not by the president.
The other flaw is the Constitution, in which it states that the president’s term has a clear and unambiguous expiration date: Jan. 20, at noon.
If there is no president-elect at that time, the current president does not get to remain in office. Instead, the usual rules of succession would apply. In this case, that would likely lead to House Speaker Nancy Pelosi, D-Calif., being elevated to the Oval Office if the Democrats retain control over the House.
But there’s a wrinkle there, too.
The House and Senate terms end on Jan. 3.
But if there were no elections at all due to the Wuhan flu – if no lawmakers have been elected – that could leave the entire House, at least temporarily, vacant as every seat is up for election in November.
Just like the president can’t stay in office past an expired term, neither can the House, meaning there would be no Speaker Pelosi.
But there would still be a Senate, and if there is no president, vice president or speaker, the next in line is president pro tempore of the Senate.
That title is held by Sen. Chuck Grassley, R-Iowa.
But there’s more …
If there are no elections at all in November, the Senate would be missing 35 members, as their terms would have expired on Jan. 3 as well. Of those, 23 seats are currently held by Republicans, versus just 12 Democrats.
The result would be a Senate with 30 Republicans, 33 Democrats and two independents who caucus with the Democrats.
In other words, Democrats would get to select the president pro tempore on Jan. 3.
According to tradition, the most senior member of the majority party gets the title – and if they follow that tradition in this unlikely scenario, Patrick Leahy, D-Vt., would become president pro tempore on Jan 3.
And then, at noon on Jan. 20, he would succeed Trump in the Oval Office.
But again, this is all complicated by the fact that states could fill vacant Senate and House seats following their own laws; in some cases, governors and/or legislatures could appoint people to those positions. In others, special elections would have to be held, and those may not happen in time.
But there’s more …
If there are no elections at all in November, the Senate would be missing 35 members, as their terms would have expired on Jan. 3 as well. Of those, 23 seats are currently held by Republicans, versus just 12 Democrats.
The result would be a Senate with 30 Republicans, 33 Democrats and two independents who caucus with the Democrats.
In other words, Democrats would get to select the president pro tempore on Jan. 3.
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According to tradition, the most senior member of the majority party gets the title – and if they follow that tradition in this unlikely scenario, Patrick Leahy, D-Vt., would become president pro tempore on Jan 3.
And then, at noon on Jan. 20, he would succeed Trump in the Oval Office.
But again, this is all complicated by the fact that states could fill vacant Senate and House seats following their own laws; in some cases, governors and/or legislatures could appoint people to those positions. In others, special elections would have to be held, and those may not happen in time.
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