Jenna Ellis, senior legal advisor to the Trump campaign, who defended many of her failed legal efforts to overturn the presidential election result, on Wednesday night asked President Trump to enforce martial law and hold a new presidential election. .
Ellis was responding to a tweet from a professional fighter who tweeted that Trump needs to “call martial law and redo the entire presidential election !!!” But calls for what would be an unprecedented usurpation of the Constitution also came from other sources of greater visibility.
Former Trump National Security Adviser Michael Flynn basically asked the same thing in an appearance on Newsmax, telling Trump to “take military capabilities and place them in those states and basically repeat an election in each of those states” .
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“It doesn’t work like that,” said Ellis in a tweet. “We have a constitutional process for the Electoral College and remedies for corrupt elections. I understand Americans’ passion perfectly, but we have to comply with the law, not undermine it.”
While Trump continues to make baseless claims that he won the presidential election in a “magnificent landslide”, Ellis’s tweet is a high-profile indication of someone who is publicly aligned with the president every step of the way for the law martial arts is off the table.
Ellis made clear her desire for the courts to intervene and decide for the president in some of the cases that she and other Trump allies pursued and condemned for not doing so.
“The judicial branch has failed the American people,” she said earlier this week. “State legislatures do not need a court order. Will they enhance and protect electoral integrity? They are to whom the Constitution specifically grants plenary authority. They NEED to act ”.
However, Ellis shared a post by analyst Kurt Schlichter that read “[w]what happened during the election is an outrage “but”[w]and we haven’t even reached the border of extra-constitutional resources. “
One move that is within the constitution and that Trump supported is for members of Congress to challenge the states’ electoral voting lists that President-elect Joe Biden won. Some members of the Chamber said they would do so, but it is not clear that no senators would join them, a requirement for such a challenge to go to a vote in each chamber.
And even if a senator supported the challenge to a state’s voters, it is almost certain that none of the Houses would vote to overthrow any state’s electoral ticket. And in that case, Congress would have to annul the results of several states because Trump lost Electoral College 306-232.
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Flynn and his lawyer Sidney Powell, who is also behind a series of failed lawsuits over allegations of electoral fraud, were at a meeting with Trump last week at which the strategy for the president’s legal efforts was discussed. Trump’s White House advisers vehemently opposed the suggestions of Powell and other outside consultants, the New York Times reported.
But even with White House advisers and Ellis at least opposing martial law, it remains unclear whether or when Trump will accept the fact that Biden will be sworn in as the next president on January 20.
“We won this election with a landslide,” Trump said Tuesday night. “And the people of the United States know that … We cannot allow a completely fraudulent election to be presented.”