Frank's Musings

It seems there is a simple solution to the problem of controlling the actions of a former president during the period between his defeat at the polls and the inauguration of his successor.  Once there is a confirmed calculation of the result of that election, the newly elected president could immediately assume office allowing no time for the rejected incumbent to use the powers of his office to violate his sworn duties.  However, as we have recently seen, even in this era of advanced information technology, it is not impossible for the result of an election to be disputed for an extended period of time, particularly when society is riven with serious partisanship.

On January 6, 2021, the incumbent president of the United States committed acts that the House of Representatives decided merited impeachment and disqualification from holding any further office of responsibility under the U.S. Constitution.  Of course, had Donald J. Trump been immediately replaced as the President upon the determination that he had lost reelection, he would not have been able to commit any further impeachable offense. However, it was by his own recalcitrance that Mr. Trump’s defeat at the polls was considered by many of his supporters to be in doubt. 

It is only the states that are empowered by the Constitution to count the result of a presidential election.  Acceptance of their notifications to the Congress by the federal government is really only a formality.  Therefore, the federal administration and the U.S. Congress do not have a say in the matter.  The outcome of the 2020 Presidential Election is a matter of fact.  Resistance to its result by the President, whether or not accompanied by violent insurrection, violates the Constitution and under its terms constitutes an impeachable offense.