Published 23 December 2020
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the election in four swing states, apparently inspired by remarks of the former and recently-pardoned National Security Advisor Michael Flynn. Law professors Claire O. Finkelstein and Richard W Painter write that “While we deem the chances that Trump will actually follow through with the attempt to spark a military coup between now and January 20th
extremely low, Acting Attorney General Jeffrey Rosen should be prepared for such a contingency and play out the legal and enforcement implications in advance. Shocking and unprecedented though it would be, Rosen should be ready to go so far as to order federal law enforcement officers to arrest anyone, including, if necessary, the president, who has conspired to carry out this illegal plan.”