Ex-federal judge reveals Trump’s plan for 'catastrophic end' of democracy

On Thursday, a former federal judge detailed what he deemed “the final battle for America’s democracy,” laying out President Donald Trump’s plan to seize power on January 3, 2027. This is according to attorney and former U.S. Circuit Judge Michael Luttig, who warns that “Trump and his MAGA Republicans might bury our democracy once and for all.”

“Trump instigated a war against America’s democracy on January 6, 2021,” asserts Luttig. “Today, almost six years later, Donald Trump and his Republican congressional allies are even more determined to prosecute the president’s war against American democracy to its catastrophic end than they were on January 6, 2021. That catastrophic end could well come on January 3, 2027, when Trump and his Republican congressional allies wage the final battle in Trump’s determined war to corrupt America’s democracy and deliver a lasting political victory over the Democrats for his MAGA Republican Party.”

Over the course of his second term, says Luttig, Trump has taken steps to “seize control of the midterms” to ensure that Republicans retain a majority in the 120th Congress. As Trump himself declared in February, “The Republicans should say, ‘We want to take over. We should take over the voting.’ ... The Republicans ought to nationalize the voting.” And the Republicans, notes Luttig, “have dutifully fallen in line … So unalterably subjugated to Trump is today’s Republican House that even a decisive victory for Democrats and a resounding repudiation of Trump and the MAGA Republicans at the polls in November will not guarantee that a Democratic majority-elect will be seated in the 120th Congress on January 3.”

The core of the plan involves a Republican plot to claim the election was rigged after they lose. According to Luttig, “This is how the crisis would unfold. The precursor of the crisis will come sometime before noon on January 3, when Speaker [Mike] Johnson (R-LA) removes current House Clerk Kevin McCumber and replaces him with a person loyal to Johnson and House Republicans who they know will refuse to list on the statutory roll of representatives-elect to the 120th Congress any Democrat-elect whom Johnson and the Republicans direct him or her not to list. Under Rule II, Clause 1 of the Rules of the House, the Speaker of the House has the unilateral power to remove the incumbent clerk, and then the power under Title 2 U.S.C. § 5501(a) to replace him temporarily with whomever he wishes until the House elects a successor. McCumber is a Republican appointed by former Speaker Kevin McCarthy. He is widely respected for his integrity and faithful adherence to the Constitution and is reputed to be unwilling to carry out orders he considers to be unconstitutional.”

“he constitutional crisis will begin, warns Luttig, when “sometime before the 120th Congress has been gaveled into session, the loyal temporary clerk refuses to list Democrat representatives-elect on the clerk’s roll of representatives-elect that determines who may participate in organizing the new Congress.” Such action will be met with lawsuits arguing that the clerk must perform its mandated action, which will work their way through appeals. “The next moment of constitutional crisis will come if and when,” says Luttig, the court orders the elected Democratic representatives be seated and the clerk refuses. “Judicial review of the House’s decision not to seat Democratic representatives-elect in the 120th Congress would take weeks, if not months, during which time the United States would be in the throes of a paralyzing constitutional crisis.”

From there, the matter would end up before the Supreme Court, which would be forced to answer “perhaps the most fundamental question under the Constitution: Is the United States of America a democracy, in which ‘We the People’ elect our representatives to the Congress and to the presidency, or is it not?” Should the Court decide to side with Republican claims of fraud, Luttig concludes, “two hundred and fifty years into the greatest experiment in self-government in the history of the world, the Republican Party would finally meet the fate to which it has been destined since January 6, 2021, and cement its place in history as the most corrupt political party ever to emerge in the United States of America.”