Olbermann: New Election nearly impossible, politically. Absolutely plausible, constitutionally.

[Miles Archer]

Link to tweet

[More_Cowbell]

1. The GOP could not have won with any other candidate

I think they planned all along to get rid of Trump.

[WillowTree]

2. Utter nonsense. Nothing in the Constitution allows for that.

[Maraya1969]

6. Are you a constitutional scholar? Seriously I am asking.

[WillowTree]

11. No, but neithier is Olbermann.

And I don't have to be a 'constitutional scholar' to be able to READ it and understand the words.

But go ahead. Educate me. Point out the passage in that document that provides for such a thing. I can wait.

[TheFrenchRazor]

7. the constitution "allows" anything that is not specifically dis-allowed. so he is right. nt

[Wednesdays]

14. So, who's gonna call for this new election?

The GOP-controlled Congress? Trump? The 35 states that are controlled by the pugs?

It's just a dream. I like that dream, too, but that's all it is.

[Amaryllis]

18. That's why he said it's politically impossible.

[Jim Lane]

19. That's an outlandish principle of interpretation.

The Constitution provides that the President has a four-year term. It doesn't say "and the President's term runs for four years even if some people call for a new election" -- because it doesn't need to. A regulation, statute, or constitution doesn't have to spell out every invalid argument that someone might make.

Just ask yourself what circumstances in the 2009-17 period would have persuaded you that there should be a new election (other than the regularly schedule 2012 election) with the possibility of cutting short Obama's four-year term.

There's an unimportant sense in which you're correct. The Constitution would not be violated if Congress, the state governments, and the political parties all combined to go through the motions of a do-over. We have a new round of primaries and caucuses, new party conventions, and televised debates. Then there's a day on which all registered voters can go to the polls (plus provisions for early voting and/or absentee voting at each state's option). There are 538 members of the new Electoral College, who assemble and cast their votes. Congress counts the votes and announces who had a majority of the electoral votes. All of that would be constitutionally permissible.

Then nothing would happen.

The key step in the process -- the one by which the person with a majority of the electoral votes becomes President -- would not happen, because it would not be constitutionally permissible. Trump's term would not be over. If there were a consensus among a majority in each house of Congress plus every state government plus the government of D.C. plus the national committee of each major party plus even the Greens and the Libertarians and other minor parties, all agreeing that the person thus "chosen" should become President, it wouldn't matter. Trump would still be President.

[sl8]

22. "The powers not delegated to the United States by the Constitution..."

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

[djg21]

26. This is incorrect.

You probably are referring to the Bill of Rights, but even then you're not really correct.

The line of succession is well-established and set forth in 3 USC § 19. If Trump and Pence both are removed the next in the line of succession is the Speaker of the House, Paul Ryan. There is nothing in the Constitution that would allow for a new election. It's wishful thinking.

[gratuitous]

8. I believe you are correct

I would like to see the authority Olbermann is relying on to make that statement.

[jmg257]

3. Sure reads like a new election would only

Refer to the case when both the pres and VP are removed.

Note that refers to "such officer", not the VP.

"...for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected"

Would make sense as the VP was elected.

[DemocraticSocialist8]

4. There's not going to be a new election folks. We're stuck with Trump til 2020

I also don't see the Rethugs in Congress moving forward with impeachment proceedings. The FBI would have to have a smoking gun against Trump for impeachment to even be taken seriously and even then...this Congress is so blatantly corrupt, they'd probably just shrug it off anyway. I can imagine that either Carter Page, Mike Flynn or Paul Manafort are going to end up taking the brunt of the blame to protect Trump.

[Miles Archer]

5. Why the Trump-Russia investigation may continue for years

Why the Trump-Russia investigation may continue for years

http://www.reuters.com/article/us-100days-russia-commentary-idUSKBN1772K1

President Donald Trump wants the issue of Russian influence in the 2016 election to vanish. He has called it “a hoax” in his tweets But it’s not. It’s real – and might take years to resolve.

The Federal Bureau of Investigation has been on the case since July. Its chief, James B. Comey, is creating a headquarters task force to coordinate the work of at least three field offices to find the facts. The federal investigators, and platoons of the nation’s best journalists, have a long battle ahead.

Comey made clear to the House Intelligence Committee that this is a spy-catching case, involving Russian intelligence and suspected American agents of influence. It takes time to solve such mysteries. The FBI spent two decades uncovering a Russian mole in its own ranks.

And this investigation is more complex than Watergate, a domestic case of political espionage that took more than two years before it felled President Nixon. It’s more intricate than the Iran-Contra imbroglio, when the Reagan administration sold weapons to Tehran and slipped the profits to Central American rebels, and which took six years to conclude in court.

[DemocraticSocialist8]

23. If the investigation continues for years...that actually benefits us tremendously

because the story will remains in the news cycles for a majority of Trump's first term.

[TheFrenchRazor]

9. well, if everybody has your attitude, definitely. nt

[Maraya1969]

10. They may to save their own hides. If people start getting arrested the R's are not going to want

look like they are connected with illegal activities. It could change a lot in my opinion

[caroldansen]

12. And its definately possible!

[Takket]

13. the Constitution does not provide for "new elections"

It does, very specifically, provide the order of succession if the president is removed. no matter how far down the line you go, the Constitution tells you exactly what to do if the president is removed, and the answer is never "hold a new election"

[grantcart]

16. Article 73 "Do Over"

If a lot of angry people hit the "do over" button at the same time we get a new election.

The reason that we have 18 month campaigns is because there is no "do over" and you can't take a President out of office simply because he is an idiot.

The last chance at "do over" was with the electoral college.

[L. Coyote]

15. 40,000 votes switched the election. Switched votes count twice, plus one and minus one.

So take the margin of victory in the states that decided the electoral college, and divide by two.

Likewise, when calculating the number of votes you need to switch to alter the outcome of an election, remember that switched votes count twice so it is half as difficult as you might think.

[GWC58]

17. The "new election" is the

upcoming mayoral, governor & mid terms in 2018. "Make them pay." Vote those bastards, Republicans of course, out of office. "Make them pay" for all their underhanded shenanigans!!

[Jim Lane]

20. One minor correction: Don't overlook the elections before 2018.

New Jersey and Virginia will choose new governors this fall. Even before then, there are some special elections already scheduled, plus you never know who's going to get indicted -- uh, I mean, who's going to decide he wants to spend more time with his family.

[tritsofme]

21. I don't have to watch the video to know whatever he says is nonsense.

Absent conviction in the Senate for impeachment, removal under the auspices of the 25th amendment, resignation, or death, Trump's term will run through 1/20/21.

Should he leave the presidency vacant, the Constitution has a well defined order of succession, at no point would any election held result in a new president being sworn in prior to 1/20/21, unless new constitutional amendment was enacted.

[yodermon]

27. You should watch it. His point is to elect Democrats in 2018 (and any odd-year elections this fall).

[tinrobot]

24. The 25th amendments solved that discrepancy.

25th says :

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President....

[oasis]

25. I'll sign on for that.