What happens if Trump refuses to accept a loss?

Sidebar

The Washington Post

News, True Crime, Politics

4.1 • 4.6K Ratings

🗓️ 2 October 2020

⏱️ 21 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

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.

Transcript

Click on a timestamp to play from that location

0:00.0	President Trump is not exactly known for his adherence to Washington norms, and is ongoing
0:08.0	rhetoric around perhaps the most significant norm of American democracy, the peaceful
0:12.4	transition of power, brushes against centuries-old president.
0:16.0	Though we feast several electoral challenges in our country's short history, presidential
0:20.4	power has always passed peacefully, from one commander-in-chief to the next.
0:26.8	This year, though, Trump has declined to agree to accept the results of the 2020 election,
0:32.0	whatever they may be.
0:33.0	Well, you commit here today for a peaceful, trans-ferral power after the election.
0:40.0	Well, we're going to have to see what happens.
0:42.3	You know that I've been complaining very strongly about the ballots and the ballots or its
0:47.1	disaster.
0:48.1	He's relentlessly tried to so doubt in the electoral process, he's attacked the security
0:52.6	of mail-in-bouting, and he suggested the outcome will be rigged.
0:56.4	And again, on Tuesday, in an incredibly heated and contentious debate with Democratic nominee
1:01.5	Joe Biden, during a major nationally televised event, Trump again questioned the legitimacy
1:07.3	of the upcoming election and refused to agree to accept its results.
1:11.2	I am urging my people, I hope it's going to be a fair election.
1:14.2	If it's a fair election, I am 100% on board, but if I see tens of thousands of ballots
1:20.2	being manipulated, I can't go along with that.
1:25.6	We've asked quite a few, can he do that?
1:27.9	Questions on this show over the past nearly four years.
1:30.5	But this one is perhaps the most consequential.
	...

Please login to see the full transcript.

Previous episode | Next episode

Disclaimer: The podcast and artwork embedded on this page are from The Washington Post, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of The Washington Post and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.