President Trump is not exactly known for his adherence to Washington norms.
And his ongoing rhetoric around perhaps the most significant norm of American democracy — the peaceful transition of power — brushes against centuries-old precedent.
Though we’ve faced several electoral challenges in our country’s short history, presidential power has always passed peacefully from one commander in chief to the next.
This year, though, Trump has declined to agree to accept the results of the 2020 election, whatever they may be.
He’s relentlessly tried to sow doubt in the electoral process, baselessly attacked the security of mail-in balloting and suggested the outcome will be rigged.
And again, on Tuesday, in an incredibly heated and contentious debate with Democratic nominee Joe Biden, during a major nationally televised event, Trump again questioned the legitimacy of the upcoming election and refused to agree to accept its results.
We’ve asked quite a few “Can He Do That?” questions on this show over the past nearly four years, but this one is perhaps the most consequential: Can a sitting president of the United States refuse to concede? Can he refuse to leave office? And what happens if he discredits our elections, the foundation of our democracy, in the process?
Trump’s persistence on this issue has really forced the question of what happens if he refuses to accept a loss, though it’s worth noting that most legal experts say it’s hard to envision Trump trying to stay in office in the case of a clear loss to Biden.
But any lack of clarity around the results is likely to have consequences: perhaps litigation, perhaps false claims of victory, perhaps state level battles over electors.
On this episode of the “Can He Do That?” podcast, Lawrence Douglas, a law professor at Amherst College and author of“Will He Go?: Trump and the Looming Election Meltdown in 2020” explores the potential for constitutional chaos after Election Day and lays out what legal and institutional mechanisms can stop American presidents from wrongfully holding on to power.
Related reading and episodesTrump’s assault on election integrity forces question: What would happen if he refused to accept a loss?Two different stories of American unrestTrump suggested sending law enforcement to the polls. Can he do that?