Steven Calaberry, a Northwestern University law professor who has offered a broad defense of the president in recent years, wrote, “I am clearly pleased with the president’s recent tweet seeking to postpone the November election. Recently, I took Democrats as political hyperbole. ‘Insisted that President Trump is a fascist. “
“But this latest tweet is fascist and is again the basis for the president’s impeachment of the president and his removal by the Senate from his post,” he said.
This is a significant break from the co-founder of one of the most influential groups in Republican politics. The Federalist Society has emerged in recent years as a leading conservative and liberal voice, urging a limited role for judges in society’s problems.
The group has worked closely with the Republican administration to influence the selection of judges. Its leaders George W. Advised the Bush administration on appointments and, for Trump, became an even closer participant in screening candidates for the bench.
A tweet with Trump’s apparently no-proof claim comes hours after a delayed swim in the November election that led to a scoring assessment that the contest would be flawed.
“With universal mail-in voting (not abstentive voting, which is good), 2020 will be the most inclusive and prosperous election in history. It would be a major embarrassment for the USA,” he wrote. “Delay the election until people can vote properly, safely and safely ???”
Trump has no authority to delay the election, and the Constitution gives Congress the power to set voting dates. MPs from both parties said almost immediately that there was no possibility that the election would be delayed.
“President Trump should be told by every Republican in Congress that he cannot postpone the federal election,” Calaberry wrote. “Doing so would be illegal, unconstitutional, and without precedent in American history. Anyone who says otherwise should not join Congress again.”
“I don’t think that’s a good idea,” South Carolina Republican and Trump’s associate Senate Judiciary President Lindsey Graham told CNN when asked about the president’s call to delay the election.
And Major Whip Sen. John Thune of South Dakota, a member of the Republican leadership, told CNN that the election would be held in November, despite the president’s tweet.
“I think it’s probably a statement that gets some press attention, but I doubt it gets any serious traction,” Thun said. “I think we have held elections every November since about 1788, and I hope to do the same again this year.”
Even openly challenging Trump’s tweet with scores of Republicans, Calabresi’s op-ed stand was seen as a striking flaw given his long history in the GOP. While he has had some criticism of the president in the past, Calaberry has gained notable notoriety in recent years for the investigation of Special Counsel Robert Müller, as well as the tremendous retaliation for Trump’s impeachment over his conduct with Ukraine.
CNN’s Annie Grier, Kevin Liptak and Betsy Klein contributed to this report.