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Laurence Tribe explains the constitutional ‘fail-safe’ — that could result in President Nancy Pelosi

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Constitutional law expert Laurence Tribe was interviewed on Friday by MSNBC’s Joy Reid on “The ReidOut.”

Tribe, who has taught at Harvard Law for fifty years and argued dozens of cases before the U.S. Supreme Court offered an intriguing theory Reid suggested had cheered up many of her viewers.

Reid asked Tribe about President Donald Trump talking about trying to delay the November election as he trails former Vice President Joe Biden in the polls.

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“They’re trying to make it look chaotic but there’s a fail-safe mechanism built into the constitution itself,” Tribe said. “No matter how much dust he throws into the gears, at high noon on January 20th, 2021, if there has not been a new president elected, at that point, Nancy Pelosi, Speaker of the House becomes president of the United States.”

Tribe explained that “all of the enablers at that point would risk committing federal felonies if they were to exercise power, which they no longer have, because Trump would no longer be president.”

“That’s the fail-safe. The constitution is not designed to self-destroy but it’s designed to self-preserve,” he explained.

“There’s every reason to believe that the new Congress is going to be in Democratic hands. So I wouldn’t, at this point, play Trump’s game of throwing up our hands and saying ‘there will be no winner, Trump is going to win by default.’ He can’t really do it,” Tribe noted. “The default solution in our system is President Nancy Pelosi — and I can think of worse things than that.”

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2020 Election

Morning Joe busts Trump for trying to scam the public with a fake tax cut proposal

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Taking up the executive orders signed by Donald Trump on Saturday, MSNBC "Morning Joe" co-host Joe Scarborough pointed out a big loophole in the president's proposal for a tax cut, saying he is hiding the fact that voters will be on the hook for deferred taxes after the election.

After first pointing out the president's contempt for Americans struggling to make ends meet during the coronavirus pandemic that has crippled the economy.

"It was a huge, gigantic nothingburger when you look through the policies at the end," Scarborough began. "In fact, some of the policies he put forth are going to hurt people, hurt small business owners the most. Again I go back to the payroll tax cuts -- economists, Republicans, Democrats, everybody is opposing this.

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2020 Election

Lawmakers demand removal of Postmaster General DeJoy over ‘nefarious’ efforts to ‘aid Trump re-election’

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"He is working to dismantle a fundamental institution of our democracy. He needs to resign or be removed, now."

On the heels of a "Friday Night Massacre" at the U.S. Postal Service that deeply alarmed lawmakers, activists, and ordinary citizens nationwide, two House Democrats are demanding the immediate removal of Postmaster General Louis DeJoy over his sweeping operational changes to the beloved government service that have slowed the delivery of essential packages and jeopardized mail-in voting.

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2020 Election

Trump isn’t a king — he may be worse

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With each passing day, it seems, the Trump administration seems intent on replaying the lead-up to the English Revolution.

This article first appeared in Salon.

Like King James I of England (aka James VI of Scotland), Trump believes that he, to quote James' tract of 1598, "The True Law of Free Monarchies," "is above the law," accountable only to God. He asserted in a July, 2019 speech that Article II of the Constitution means "I have to the right to do whatever I want as president." Like James' son, Charles I, who ruled England for 11 years without a parliament, Trump is increasingly governing through executive orders rather than making laws with the House and Senate.

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