According to a report from ABC, pro-Donald Trump conservatives facing tough primaries have been wooing voters by promising they will see to it that the results of the 2020 presidential election will be de-certified if they are sent to Washington D.C.
Those claims are being laughed off by legal experts as pandering because there is not even a hint of a legal path available to overturn an election once the winner has been sworn in.
As ABC's Brittany Shepard wrote, "While many mainstream Republicans look toward making waves in the midterm elections, some are still clinging to the past," adding, "After GOP Rep. Mo Brooks' recently confessed that former President Donald Trump repeatedly urged Brooks to 'rescind' the results of the 2020 presidential campaign, some Republicans are exploring -- even publicly vowing – to 'decertify' President Joe Biden's victory, a move with no legal or constitutional basis.
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Brooks, the report pointed out, is not alone in his boasts to prospective voters, with Georgia Rep. Jody Hice (R) also taking up the banner of decertification as he runs for Georgia Secretary of State.
"Hice is leaning into his ties with the former president, and was caught on camera earlier this week committing to decertifying Biden's win if elected after pursuing relevant legal investigations," the report states, quoting the lawmaker telling a local conservative activist, "That's why I'm in the race."
However, as attorney and ABC political commentator Sarah Isgur explained, Hice should know better and likely does.
"Certification happens ahead of an inauguration. After inauguration, the only legal or constitutional way to remove a president is through impeachment. Period. The end," she bluntly stated.
Kate Shaw, a Cardozo law professor backed up the conservative Isgur, who worked in the Trump administration.
"The Constitution contains no mechanism for decertifying an election. Article II and the 12th Amendment, together with the Electoral Count Act, set forth the steps for counting state electoral votes and naming the president," she explained. "That happened in January 2021, and that bell cannot be unrung, whatever transpires in the states afterwards."
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