The latest MAGA ploy to overturn the election comes not in the courtroom, but from pardoned felon Michael Flynn, who took to Newsmax to urge Trump to invoke the Insurrection Act, declare martial law, and have the military rerun the election. Far right groups are convinced that they’ve finally found a way around that pesky election.
Like all of MAGA’s prior post-election ploys, this one fails.
First, a president has only limited power under the Insurrection Act, and that power is limited to deploying troops to keep the peace. The military has no authority to conduct or re-conduct elections, and no authority to invalidate votes. Indeed, military spokespeople issued numerous statements, before and after the election, confirming that they would play no role in determining the outcome of the election.
Second, and this is the lesson the Trump Campaign failed to learn despite 59 post-election lawsuits failing on this ground: States govern how and when elections are conducted, not any branch of the Federal Government. Even GOP strongholds like Georgia have refused Trump’s calls to overturn the election.
Finally, MAGA misses the fact that the election was already held and decided. Then decided again in recounts. Then decided again (and again, and again) in court. The declaration of martial law would not negate the election or suspend the Constitutional mandate that on January 20, 2021, Trump’s term expires.
Like all of MAGA’s other plans, this one is more cuckoo than coup. The Insurrection Act does not provide for overturning the election, the Constitution does not permit it, and on January 20, 2021, the military Flynn seeks to misuse will have a new Commander in Chief.
