Federalist Society Co-Founder: Trump’s Election Tweet Is Grounds For Impeachment


“[T]his latest tweet is fascistic and is itself grounds for the president’s immediate impeachment."

Steven Calabresi, a co-founder of the conservative Federalist Society, wrote in an op-ed in The New York Times that President Donald Trump’s apparent call to postpone the 2020 election is “fascistic” and grounds for his impeachment.

  • Calabresi said he has voted for a Republican in every election since 1980, including Trump, and added that he believed the Mueller investigation was unconstitutional and opposed Trump’s impeachment.
  • Democrats’ assertion that Trump is a fascist was merely “political hyperbole” to Calabresi, he wrote — until the president’s Thursday morning tweet.
  • “[T]his latest tweet is fascistic and is itself grounds for the president’s immediate impeachment again by the House of Representatives and his removal from office by the Senate,” Calabresi said.
  • Trump wrote: “With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history. It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???”
  • Calabresi noted that the United States “has faced grave challenges before, just as it does today with the spread of the coronavirus. But it has never canceled or delayed a presidential election.”

Not in 1864, when President Abraham Lincoln was expected to lose and the South looked as if it might defeat the North. Not in 1932 in the depths of the Great Depression. Not in 1944 during World War II.

  • The coronavirus pandemic is no different, he said, and “we certainly should not even consider canceling this fall’s election because of the president’s concern about mail-in voting, which is likely to increase because of fears about Covid-19.”

It is up to each of the 50 states whether to allow universal mail-in voting and Article II of the Constitution explicitly gives the states total power over the selection of presidential electors.

Election Day was fixed by a federal law passed in 1845, and the Constitution itself in the 20th Amendment specifies that the newly elected Congress meet at noon on Jan. 3, 2021, and that the terms of the president and vice president end at noon on Jan. 20, 2021. If no newly elected president is available, the speaker of the House of Representatives becomes acting president.

  • Calabresi further suggested that any Republican who disagrees that Trump postponing the election “would be illegal, unconstitutional and without precedent in American history...should never be elected to Congress again.”

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