Re: Trumpled (Alternative Leading)
Reply #2411 –
The new Congress formally begins on Jan 3rd, the date for the Inauguration is somewhat arbitrary.
"The Process" as historically implemented is complicated because things do not happen as precedents would suggest. The Trump tactic to try and remove faith in the popular vote and bring in Governor chosen Electors initiates the 12th Amendment, which unless there is some tactical change in the interim requires a joint sitting of the house on the 6th of Jan with a decision at 1pm. But that is 3 days after the new Congress.
If the Congress appears corrupt or is unable to make a decision, any disquiet from the public brings the Insurrection Act into play, if triggers are meet it allows the use of the US military against US citizens. Apparently it has happened before.
It seems that the ultimate power in the Lame Duck Phase sits with the Joint Chiefs of Staff, and they can somewhat arbitrarily decide who gets the keys to the nukes. The consensus is that the Joint Chiefs are unlikely to move against the popular vote if Biden has already been declared the winner. Apparently there is a legal precedent going back to the Civil War, which was delayed by the Supreme Court when they ruled going to war during the lame duck phase was illegal, in that bipartisan support was needed and wasn't available. So while the constitutions dates and times are hard written, the consensus is that the military would never act otherwise no matter what Trump wants. Jan 20th is the very very latest date for a decisive decision, in the interim Trump is likely to need bipartisan support from Biden to do anything in lunacy!