Would Donald Trump really be able to oppose a "peaceful transfer" of power if he loses?

 At a White House press conference on Wednesday, Donald Trump refused to commit to a peaceful handover of power if his rival, Joe Biden, wins the presidential election. But does he have the right? JDD shows you the question.

"Are you committed to the peaceful transfer of power?" The question already posed to the president of the United States is out of the ordinary. The answer is more: "We have to see what happens." With this announcement, Donald Trump continues to pave the way in the event of defeat in the November 3 election. For several months, the President of the United States, behind the polls, had been constantly raising the threat that he would not know the poll results.

But other than words, does the president of the United States really have the right to oppose a peaceful transfer of power? On a larger scale, can Donald Trump question the election results if Joe Biden wins?

Peaceful transfer of power, one of the pillars of American democracy

Under the Twentieth Amendment to the United States Constitution, the new president's term does not begin until eleven weeks in transition. A period that allows the old administration to coordinate with the new administration - if the outgoing president does not run for re-election or if he loses the election. This stage ends on January 20, during inauguration day. The outgoing president receives the newcomer to the White House, during a long interview whose exchanges were traditionally polite.

“The transfer of power is one of the primary rituals that ensure the stability of the republic,” emphasizes Nicole Bacharan, a US political scientist. It has always happened peacefully, whether during the Civil War or in 1992, when Bill Clinton’s victory caused a terrible shock to the Republican camp. ". Hence the anger that Donald Trump's statements sparked, even among his ranks.

Republican Senator Mitt Romney said on Twitter: "The peaceful transfer of power is fundamental to our democracy [...]. Any suggestion by a president that he can evade this constitutional guarantee is out of the question and unacceptable." She criticizes Donald Trump regularly.

Can Trump question the results?

“On the 3rd of November, it is not impossible to declare Trump a victory, because we will only get out of the polls,” Nicole Bacharan says. Only on the evening of the same day will states begin counting votes by correspondence, which can last more than a week. "The result is reversible. And there, Trump will yell about fraud." And this has actually appeared in the past, during the 2000 presidential election.

Democratic candidate Al Gore ran in an election in Florida where George W. Bush was recognized as the winner with very few votes in advance. The Florida Supreme Court accepted for the first time, the United States Supreme Court discontinued recount on the grounds that deadlines set by the Constitution could not be respected. "In 2000, the focus was on Florida. This year, it would be the same, but countless dimension," explains the historian. "There could be treatments in all 50 states."

Supreme Court: The cornerstone of Trump's victory?:

Appeals can be filed at the city, county, and state levels. Initially, the dispute will be settled by the local courts, as the presidential election is a federal matter. Then it can pass through federal courts, federal courts of appeals, all the way to the Supreme Court of the United States.

Hence, Donald Trump was keen to appoint a judge this weekend, to replace progressive judge Ruth Bader Ginsburg, who died last Friday. If the Senate approves the candidate, the Supreme Court will become a conservative majority. The political expert specializing in the United States concludes that "it can prove the correctness of the accounts in a situation in the interest of Trump, or on the contrary invalidate them if they are not favorable to him."

The political weight of the postal vote:

As the presidential election approaches, Donald Trump has repeatedly mentioned the idea of ​​not recognizing the election results. He made the same threat in the 2016 ballot, which he ultimately won against Hillary Clinton. "This time, he has another angle to attack: the postal votes are rigged," says Nicole Bacharan.

The president regularly claims voting by mail is a potential source of fraud. He said at the same press conference, "Let's get rid of these publications, and the situation will be very peaceful and there will be no really transmission, it will be a continuation."

But his aversion to these posts could be explained by a completely different reason. Anne Dessin, professor emeritus at the University of Paris Nanterre, confirmed in the JDD, "Donald Trump is convinced, which has not been fully proven, that voting by mail would be in the interest of Republicans." According to press inquiries, postcards are used by 70% of Democratic voters and 20% of Republican voters. This voting method will be used more this year due to the Covid-19 pandemic.