Donald Trump Jr. Just Promoted a Brazen Plan to Steal the Election

The president’s son retweeted a call for Republican-controlled state legislatures to try to override the presidential election.

Don Jr.

Andrew Dolph/ZUMA Wire

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On Thursday, as new batches of votes in key states brought Joe Biden closer to winning the presidential election, conservative talk radio host Mark Levin issued a call to (legislative) arms:

Mark Levin bad tweet

Among the 20.7k (and counting) retweets: Donald Trump Jr., the president’s son, who is a leading campaign surrogate.

With Pennsylvania on the verge of flipping into the Democratic column (the remaining uncounted ballots appear to heavily favor Biden), Levin was promoting a legal theory that drew some attention before the election. Because state governments have to formally certify results and then formally send electors to the Electoral College, the Republicans who control the state legislatures of Pennsylvania and several other swing states could (in this theory) simply send their own set of rival electors and force Congress to choose—potentially tipping the election to Trump. The Atlantic’s Barton Gellman reported earlier this fall that Republicans in the state had approached the Trump campaign about such a strategy.

As the Washington Post‘s Greg Sargent has noted, there are plenty of reasons to be skeptical of such a strategy, from a constitutional and legal perspective, to say nothing of a public-relations one. Changing the process by which Pennsylvania appoints its electors requires changing Pennsylvania law, which the Democratic governor would veto. If Biden goes on to win enough of the remaining uncalled states, perhaps his sizable Electoral College and popular vote lead will dissuade Republicans from attempting to deploy such chicanery. And Pennsylvania’s Republican state Senate majority leader reportedly wants nothing to do with it:

But the thing about going into untrodden territory is that no one really knows what it’s like; the only sure thing is that it’s not where you want to be.

Even President Trump hasn’t gone this far yet. But his son’s promotion of such a plan is an ominous development as the campaign seeks to claw its way back by taking away people’s votes. 

HERE ARE THE FACTS:

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Our fall fundraising drive is off to a rough start, and we very much need to raise $250,000 in the next couple of weeks. If you value the journalism you get from Mother Jones, please help us do it with a donation today.

As we wrote over the summer, traffic has been down at Mother Jones and a lot of sites with many people thinking news is less important now that Donald Trump is no longer president. But if you're reading this, you're not one of those people, and we're hoping we can rally support from folks like you who really get why our reporting matters right now. And that's how it's always worked: For 45 years now, a relatively small group of readers (compared to everyone we reach) who pitch in from time to time has allowed Mother Jones to do the type of journalism the moment demands and keep it free for everyone else.

Please pitch in with a donation during our fall fundraising drive if you can. We can't afford to come up short, and there's still a long way to go by November 5.

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