Is a miracle still possible for Donald Trump?

Donald Trump on December 3, 2020 in the Oval Office of the White House.

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From our correspondent in the United States,

When one branch cracks, we hang on to the next.

After the electoral college vote that confirmed Joe Biden's victory on Monday, many conservative media and supporters of Donald Trump assure that Republicans in Congress can still reverse the result of the poll on January 6.

"There are now

in three states", rejoices the far-right site The Gateway Pundit.

"Nevada certifies its voters for President Trump, the road is wide open for the Supreme Court or the 12th Amendment," writes Republican Tricia Flanagan.

Newsmax or

also relay this thesis.

But while it is true that half a dozen states have designated so-called “alternative” voters, they have “no legal status”, recalls Chris Edelson, a political science professor specializing in institutions at the University of Washington.

Have States validated “alternative voters”?

No.

In total, Republicans staged a vote for what they billed as "alternative voters" in seven states: Nevada, Arizona, Georgia, Pennsylvania, Wisconsin, Michigan and New Mexico.

But as the professor of law Rick Hasen notes on his blog Election Law, the latter have "neither been certified by officials of these states nor by legislatures.

They therefore have no legal authority ”.

Congress will therefore not be able to count them in January.

Donald Trump's allies have filed several new lawsuits, but after more than 50 defeats, including two in the Supreme Court, the case seems heard.

The US president has put pressure for weeks on many elected local Republican, who are mainly in the majority in Michigan and Pennsylvania.

But these legislatures refused to endorse alternative lists.

This means that we are not in the situation of “dueling electors” as in 1876, with a list validated by the electoral college and another by the local elected officials, which could have opened the door to a hypothetical impasse in which Mike Pence could have intervened (not all constitutionalists agree on the interpretation of the Electoral count act of 1887).

Can Joe Biden's election be blocked by Congress?

No, because Democrats have a majority in the House.

Republican elected official Mo Brooks announced that he would file an appeal to have the voters of several states rejected.

For his objection to be considered by Congress, a senator must follow it.

Republican leader Mitch McConnell first recognized Joe Biden as president-elect on Tuesday.

And, according to The

, he is lobbying behind the scenes for Conservative senators to avoid engaging in a trap that would force them to vote and disown Donald Trump.

If that happened, as in 2004 (Democratic Senator Barbara Boxer contested the Ohio won by George W. Bush against John Kerry), a 2-hour debate would take place, then the Senate and the House would vote.

But in case of disagreement, the decision of the House prevails.

Can the 12th Amendment play?

Not this year.

The 12th amendment specifies the modalities for the election of the president.

In the event of a 269-269 tie in the Electoral College, or if enough large voters are rejected and no candidate obtains a majority, the House appoints the President.

This is not a vote by elected (which would favor the Democrats) but one by delegation.

There, it is the Republicans who have the advantage.

Problem, the electoral college has already spoken, with 306 votes for Joe Biden against 232 for Donald Trump.

There is no more suspense.

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