Will, this is interesting. Could the 14th Amendment allow the Prez to strip Electoral College from states that are declared in Rebellion, or involved in insurrection, and arrest judges, mayors, governors, etc., who are giving “aid and comfort to the enemy?”
Short Twitter post: https://twitter.com/atvguy/status/1303100276040249344
Related: https://www.law.cornell.edu/constitution/amendmentxiv
Worth kicking around as a possibility.
Also, on a completely strange (and 2020-level oddness), we also have a Beverly Hills Trump Dance off Antifa Protest Float… Yeah, it make more sense to watch than explain.
Ya, if he wouldn’t have them arrested aiding and abetting illegal aliens. Or a myriad of other high crimes. I don’t think the 14th. is a big worry for the Maoist’s. Hell, Trump can’t even get Hillary arrested.
The writer of that tweet needs to read the Amendment, because much of what he claims it does not say. There is no power of arrest in there at all, nor any grant of power of any kind to the President.
It does say that a person engaged in insurrection or giving aid & comfort to the same cannot hold office, including the office of Elector. But section 5 grants to Congress the power to enforce these rules. If Congress actually did so and delegated enforcement powers such as arrest to the Executive, then perhaps the tweet is not totally off base. I don’t know if such legislation exists; the tweet certainly did not refer to any.
BTW, I’ve seen some confusion in various letters to the editor about scenarios of election chaos such as NY had in its primary, where ballot counting takes weeks and weeks. If it takes too long a state might be unable to appoint its Electors. Some people think this might cause there not to be a majority and thus throw the election to the House (for President) and Senate (for VP). That’s not so; the Constitution speaks of a “majority of the whole number of Electors appointed”. If a state doesn’t appoint electors, it doesn’t count at all, it’s as if it wasn’t a state in the first place.