General Discussion
In reply to the discussion: Public Notice: The wreckage Merrick Garland leaves behind [View all]3825-87867
(1,815 posts)for a while to start prosecutions against tramp's Democratic Enemies as vindictiveness?
If so, I imagine investigations will be much swifter, maybe as swift as when Garland went after Hunter! And if not, tramp will have NO qualms about replacing him immediately as to political partisanship.
But don't give up hope, tramp isn't president - YET. A 78 year old McDonald's heart ain't super healthy. And where's the law that allows for a vice president elect to be automatically installed instead? The 20th Amendment is a bit cloudy although I'm sure Roberts et al can come up with some 16th century excuse, though, such as the idea below.
From an article from Slate - Nov 2008
What if the candidate dies after the election but before the inauguration on Jan. 20? The 20th Amendment states that if the president-elect dies before beginning his term, then the vice president-elect assumes his or her spot. However, the point at which a candidate officially becomes president-elect is debatable. He or she definitely assumes the title after Jan. 6, when a joint session of Congress officially counts the Electoral College votes and declares a winner. But the shift could be said to occur immediately after the Electoral College vote. (See Pages 2 and 3 of this PDF article from the Arkansas Law Review.)
If a candidate dies after Dec. 15 but before Jan. 6, Congress, when it convenes, has to decide whether to count the votes cast for him. (In 1872, three electoral votes cast for the late Horace Greeley were discounted by Congress, but its unclear whether votes cast for a living candidate who subsequently dies would be treated the same way.)
If Congress decides the votes are valid, then the laws of presidential succession kick in, and that candidates running mate moves up the ladder. If Congress decides to throw out the votes, then the question becomes whether the living candidate can be said to have a majority of the overall electoral votesif not, then, according to the 12th Amendment, the House of Representatives must elect the president from among the three candidates with the most votes.
So, if the Democrats take the House it's possible they may not count the electoral votes for thRepublicansns. Could be interesting.
Would be a sweet January surprise.