According to Boris Epshteyn, a prominent attorney and former Strategic Advisor on the Trump 2020 Campaign, Donald Trump‘s reinstatement is very possible.
The left and their allies in the mainstream media have continued to claim that Trump’s reinstatement was not possible because there is no precedent for it and there is no outline for the process in the Constitution, but Attorney Boris Epshteyn has laid out a pretty convincing argument.
The attorney described the Constitution as a “negative rights document,” which is by all objective standards completely correct. Wikipedia describes a negative right as “a right not to be subjected to an action of another person or group—a government, for example—usually in the form of abuse or coercion.” The Constitution includes the rights to not be censored, to not be subjected to a government prescribed religion, to not have our right to bear arms infringed upon, etc. On the other hand, there are many actions that the American people are allowed to do that are not expressly mentioned in the Constitution.
Therefore, as the Constitution does not prohibit the decertification of an election, Trump’s reinstatement, given the right conditions, is not prohibited.
“The Constitution doesn’t speak to our ability or right to drive a car. It doesn’t say anything about us going to the beach, but we can still go to the beach,” Epshteyn explained. “The rights and statements, as well as processes, not laid out in the Constitution are assumed actually to be Constitutional.”
Epshteyn also noted that the 12th Amendment and Article II both suggest that individual states have the right to decertify an election and change its results, which would likely lead to the issue landing in the Supreme Court.
This may be put to the test sooner than we think. With election audits underway in several states, there is a possibility that these states could find fraud that would overturn their results.
Donald Trump recently released a statement about the potential to overturn Georgia’s election, writing:
“Georgia now plans to remove over 100,000 ‘obsolete and outdated’ names off their voter rolls. Doing this, they say, will ensure voting files are up to date, while at the same time ensuring voter integrity in future elections. BUT WHAT ABOUT THE LAST ELECTION? WHY WASN’T THIS DONE PRIOR TO THE NOVEMBER 3RD PRESIDENTIAL ELECTION, where they had us losing by a very small number of votes, many times less than the 101,789 figure? This means we (you!) won the Presidential Election in Georgia. But don’t fret, much other information will soon be revealed about Georgia—and other states as well. It is coming out FAST and FURIOUS. The 2020 Presidential Election was rigged!”
NEW from Donald J. Trump 🔥
"This means we (you!) won the Presidential Election in Georgia. But don’t fret, much other information will soon be revealed about Georgia—and other States as well. It is coming out FAST and FURIOUS. The 2020 Presidential Election was rigged!" pic.twitter.com/bcuw26oKpo
— Liz Harrington (@realLizUSA) June 22, 2021