Sidney Powell, a former attorney for President Donald Trump, is back in the news with a prediction that Donald Trump could be”reinstated” as president. It is a mystery to me how Powell believes that Trump could be “resinstated” but the Constitution is clear: Joe Biden is our president and will remain so absent his death, incapacity, or his removal through impeachment.
Powell made her statement at a conference in Dallas that has been described as a QAnon gathering. She stated that Trump “can simply be reinstated.” She explained “A new inauguration date is set, and Biden is told to move out of the White House, and President Trump should be moved back in. I’m sure there’s not going to be credit for time lost, unfortunately, because the Constitution itself sets the date for inauguration, but he should definitely get the remainder of his term and make the best of it.”
The first stumbling block is that we already have a president. Biden would be to be impeached and convicted for his removal. In such a case, Vice President Kamala Harris would be president. Even if she were impeachment and removed, her vice president would succeed to the office. The only other process would be the 25th Amendment for a disability or incapacity.
A Yahoo News/YouGov poll last week found that 64 percent of Republicans believe that the 2020 election was “rigged and stolen from Trump.” However, even if such evidence were found, it would not make this constitutional cat walk backwards. It is not enough for a court to determine that a given state election was incorrectly called. In Florida, Democrats claimed that later tallies showed that Al Gore likely won that state. It would not matter however. George Bush was already sworn in as president.
As for the inauguration day, that is set by the the 20th Amendment for January 20th. If a vacancies occurred, the vice president is simply sworn in as was the case with Lyndon Johnson after the assassination of John F. Kennedy.