Judge Napolitano has lost his marbles, along with a lot of people lately. He claims Nancy Pelosi will become Acting POTUS if the election is delayed past January 20th. There is little doubt the Democrats might try it if they can, but it would be unconstitutional, and it would be nothing less than a coup.
This is his view as reported by Fox News:
“It might be right,” Napolitano told host Stuart Varney. “President Trump’s term ends at precisely noon on Jan. 20, 2021. If the Electoral College has not yet named a successor, presumably either Donald Trump or Joe Biden, then whoever is the speaker of the House would become the acting president of the United States.”
He explained, “If the Democrats retain their majority in the House, and it appears likely that they will, but if they do, and if they choose Mrs. Pelosi, knowing at that point that they’re choosing the president of the United States, then it would be she.”
Democrats could choose someone else or the Republicans could have the majority if they flip the House in November, the judge said.
“Stated simply,” he added, “whoever is the sitting speaker of the United States, would become president at noon on Jan. 20, 2021, if the Electoral College has failed to elect someone.”
We need to fight this kind of misinformation or we will fall prey to it. Judge Nap is Fox News’ senior analyst and he is WRONG!
Our legal consultant, constitutional attorney, Krisanne Hall, explains why it is not true in this clip:
BOTTOM LINE
What it boils down to is a member of Congress could only become acting president if the constitution is ignored.
The Founders established a process for this eventuality, and it means no laws are passed and the President’s powers are limited until the electors decide.
Creating a replacement of the President that is the function of politics and not the election is the extinguishment of the Constitution. You CANNOT ALLOW someone who is politically elected to become President just because all votes are not counted.
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