Now that the media has declared Joe Biden the next president of the United States, let’s take a look at the state of play:
1) Donald Trump is legally the president until his term expires at noon on Jan. 20, 2021. Nothing that happened last week or will happen until that time affects his position or authority in any way.
2) Joseph Robinette Biden, Jr. is neither the president nor the president-elect.
3) There is no such thing as the “office of the president-elect.” Barack Obama invented this phantom unconstitutional position back in 2008. It didn’t matter then and it doesn’t matter now, except in the minds of the media.
4) Biden will not be president-elect until the Electoral College meets on Dec. 14, if then. However…
5) Dec. 8 is the so-called “safe harbor” date, under which the states by federal law must have resolved any and all controversies regarding a disputed election, and their governors must so certify, in order that the names of the actual electors may be reported to the National Archivist.
6) Neither state governors nor courts, including their high courts, have any authority over how federal elections are conducted in their states.
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