Attorney Sidney Powell told FlashPoint host Gene Bailey in a Dec. 29 interview that she believes it is “definitely possible” that President Donald Trump retains the presidency for a second term, even after the joint session of Congress on Jan. 6 or beyond.
Powell was responding to a question by Bailey about the “viable paths” that remain to a second Trump term.
“There are multiple cases pending in the Supreme Court,” Powell said. “We have four states in play in our petitions for emergency mandamus to ask the court to decertify Arizona, Michigan, Wisconsin, and Georgia because of all the massive fraud there,” she said. A mandamus is a type of court order that compels action, in this case decertification of Electoral College votes in the states in question, which were cast on Dec. 14 for Democratic presidential candidate Joe Biden.
Powell invited viewers of the program to examine the filings and associated exhibits in the cases, which she said document the various allegations of fraud in the 2020 election.
In the Arizona petition to the U.S. Supreme Court, the petitioners note their core claim is that “the 2020 General Election was tainted by constitutional election fraud on a scale that has never been seen before in America, where hundreds of thousands if not millions of illegal, fraudulent, ineligible or purely fictitious ballots were cast for Biden (along with hundreds of thousands of Trump votes that were intentionally destroyed, lost or switched to Biden), and this massive fraud changed the outcome from a Biden loss to a Biden ‘win.'”
State election officials, the Department of Justice, and others have pushed back against claims of widespread voter fraud in the 2020 election, while the Cybersecurity and Infrastructure Security Agency has called the Nov. 3 election “the most secure in American history.”
However, Director of National Intelligence John Ratcliffe reportedly confirmed in early December that there was foreign interference in the 2020 election.
“Well DNI Ratcliffe leads the 17 intelligence agencies and he has access to the most highly classified information that is held by the U.S. government. And he told CBS News that there was foreign interference by China, Iran, and Russia in November of this year and he is anticipating a public report on those findings in January,” CBS correspondent Catherine Herridge said on Dec. 3.
Bailey then asked Powell whether the Jan. 6 joint session or even, the Jan. 20 inauguration, is “the end of the path” or whether, if more evidence of fraud comes to light, it is still possible that there would be a second Trump term.
“It’s definitely possible because the Supreme Court can do what it wants to do,” Powell said, adding, “but it gets more difficult the longer it takes.”
She did not provide further details regarding the judicial process that the high court could undertake following the Jan. 6 joint session nor what moves the Supreme Court might have the power to make post-inauguration. To date, the Supreme Court has twice refused to consider Trump-endorsed lawsuits that sought to challenge the results of the 2020 election. Federal and state courts have also dismissed dozens of contest-of-election lawsuits claims brought by Trump’s legal team, and others.
Trump attorney Jenna Ellis appeared to address the issue in a thread on Twitter initiated by artist Scott Adams, who asked who would be president in the hypothetical scenario that “Biden is inaugurated and a month later the 2020 election is proven to be stolen BEYOND ANY REASONABLE DOUBT,” to which Ellis replied: “Under the Constitution, the only way to remove a sitting President is via the impeachment process.”
Some Republican lawmakers have said they plan to object to the Congressional certification of the electoral votes on Jan. 6. For the move to succeed, it would require both the Democrat-controlled House and the Republican-controlled Senate to agree to discard the electoral votes and, if neither candidate receives the 270 votes needed for victory, to potentially force a contingent election under the 12th Amendment.