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Fact check: No, Trump can't 'simply be reinstated' as president. Here's why

Fact check: No, Trump can't 'simply be reinstated' as president. Here's why
bamboo fibers, ultraviolet light, constant rule changes. Welcome to a bizarre recount in Arizona's largest county ordered by the GOP controlled state Senate and run by a contractor with no election experience. Even the county's own republican leaders now wanted to stop welcome everybody. Just days after the november election, the county board of supervisors vouched for the result, joe biden won, no widespread fraud, no mysterious bamboo fibers found. There is no evidence of fraud or misconduct or malfunction in Maricopa county and that is with a big zero. It's not a conspiracy. Let's do a lightning round If we could of fact checking questions. Katie Hobbs is the Arizona secretary of state in charge of elections. She recently sent this letter to Maricopa County warning that since the state Senate seized its election equipment, quote, such loss of custody constitutes a cyber incident and that experts advise those devices should not be reused in future elections. Key questions on this recount. Has the election equipment been in the control of nonpartisan election administrators the whole time? No. Do you know what has been done to the equipment? No. Could the equipment have been tampered with? Yes. Should the machines be replaced? Yes. How much could that cost millions? $6 million? Was the original contract? Who pays for that? The taxpayers of Arizona, the Department of Homeland Security's cyber experts agree with Hobbs. A spokesman at the cybersecurity and Infrastructure Security Agency tells the National investigative unit, quote, if it is determined that the chain of custody of critical systems has been compromised, the safest practice is to decommission and replace those systems. Would you trust these machines? Now? I would not. Eddie Perez worked for 15 years at Heart. Inter Civic, one of the three biggest election technology companies in America. He's now at the open source Elections Technology Institute, the same group that showed us in 2018 how easy it was to manipulate vote totals if someone had physical access to election equipment and you've just changed who won that election? Now? There's about to be another recount, this one in Fulton county Georgia once again demanded by trump supporters after numerous professional recounts and audits. And the very idea that they would be done not by election professionals, but but by parties that may have an allegiance to one side of the aisle or the other. That's a new and very dangerous trend that it just needs to stop. That's a very, very damaging trend for our democracy. Even President trump's own attorney general at the time of the election, Bill Barr declared there was no widespread fraud that would have changed the results of the election. Those are the facts. In Washington. I'm chief national investigative correspondent Mark Albert.
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Fact check: No, Trump can't 'simply be reinstated' as president. Here's why
Related video above: Trump supporters insist on more post-election recountsMonths into President Joe Biden's first term, supporters of former President Donald Trump are still touting the false claim that Trump actually won the 2020 election.One of the prominent supporters of these theories is Trump's former lawyer Sidney Powell, who is facing a $1.3 billion defamation lawsuit for promoting the falsehood. In defending herself against the lawsuit, Powell has argued that no reasonable people would have believed her assertions of fraud.But outside court, Powell has continued to play to Trump's base and bolster related theories.During an event in Dallas on Sunday that was also attended by prominent peddlers of the QAnon conspiracy theory, Powell suggested Trump could be reinstated as president even now, saying that "it should be that he can simply be reinstated, that a new Inauguration Day is set."Facts First: It is total nonsense for Powell to claim that Trump could simply be reinstated and that a new Inauguration Day could be set. According to CNN legal analyst Steve Vladeck, "Powell is just making stuff up. There's no regulation, rule, statute or constitutional provision that comes within a million light-years of what she's describing. There is no mechanism for 'reinstating' a former president. There is no procedure for setting a 'new Inauguration Day.' "Ratified in 1933, the 20th Amendment established Inauguration Day as Jan. 20."It would take a new constitutional amendment to change that," Eugene Volokh, a professor at UCLA School of Law, told CNN.Per the 20th Amendment, the only way someone else could serve as acting president is if Congress determined that neither the president-elect nor vice president-elect has qualified by Inauguration Day. However, seeing as the results of the election declaring Biden victorious were certified, the window for such a possibility has closed.According to Volokh, under the current Constitution a sitting president can be removed ahead of the expiration of their term only through resignation, impeachment and conviction, or the provisions for presidential disability in the 25th Amendment.It's worth noting that Powell said "should," so it's possible she's not suggesting that the current law allows a president to "simply be reinstated" but that it should. Even so, Harvard University Law School Professor of Constitutional Law Laurence Tribe told CNN it's "still weird and wild," adding that it's likely "it would be unconstitutional if a law was passed to that effect."Tribe referred to Powell's comments as "part of a fantasy world that is truly dangerous to democracy."

Related video above: Trump supporters insist on more post-election recounts

Months into President Joe Biden's first term, supporters of former President Donald Trump are still touting the false claim that Trump actually won the 2020 election.

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One of the prominent supporters of these theories is Trump's former lawyer Sidney Powell, who is facing a $1.3 billion defamation lawsuit for promoting the falsehood. In defending herself against the lawsuit, Powell has no reasonable people would have believed her assertions of fraud.

But outside court, Powell has continued to play to Trump's base and bolster related theories.

During an event in Dallas on Sunday that was also attended by prominent peddlers of the QAnon conspiracy theory, Powell Trump could be reinstated as president even now, saying that "it should be that he can simply be reinstated, that a new Inauguration Day is set."

Facts First: It is total nonsense for Powell to claim that Trump could simply be reinstated and that a new Inauguration Day could be set.

According to CNN legal analyst Steve Vladeck, "Powell is just making stuff up. There's no regulation, rule, statute or constitutional provision that comes within a million light-years of what she's describing. There is no mechanism for 'reinstating' a former president. There is no procedure for setting a 'new Inauguration Day.' "

Ratified in 1933, the 20th Amendment Inauguration Day as Jan. 20.

"It would take a new constitutional amendment to change that," Eugene Volokh, a professor at UCLA School of Law, told CNN.

Per the , the only way someone else could serve as acting president is if Congress determined that neither the president-elect nor vice president-elect has qualified by Inauguration Day. However, seeing as the results of the election declaring Biden victorious were certified, the window for such a possibility has closed.

According to Volokh, under the current Constitution a sitting president can be removed ahead of the expiration of their term only through resignation, impeachment and conviction, or the provisions for presidential disability in the 25th Amendment.

It's worth noting that Powell said "should," so it's possible she's not suggesting that the current law allows a president to "simply be reinstated" but that it should. Even so, Harvard University Law School Professor of Constitutional Law Laurence Tribe told CNN it's "still weird and wild," adding that it's likely "it would be unconstitutional if a law was passed to that effect."

Tribe referred to Powell's comments as "part of a fantasy world that is truly dangerous to democracy."