Republicans and their allies are rallying behind Donald Trump, the leading contender for the 2024 GOP presidential nomination, despite his recent indictment for conspiring to steal the 2020 election. Prominent Republican figures like Rep. Jim Jordan, Sen. Josh Hawley, and Rep. Marjorie Taylor Greene have defended Trump, claiming that he did nothing wrong and that the indictment is merely an attempt to prevent him from challenging President Biden.
However, these arguments beg the question: did Trump really do nothing wrong? Are these efforts aimed at stopping Trump from running against Biden? And has the First Amendment right to vote been infringed upon? These arguments all assume that what Trump did leading up to and on Jan. 6, 2021, was legal and acceptable. But let’s take this assumption to its logical conclusion.
If we imagine a scenario where Trump defeats Biden in a close election across several swing states, and Biden challenges the outcome, claiming that the election was stolen from him, Republicans would argue that Biden has the right to speak publicly about the election and make false claims of fraud. Similarly, Trump would be entitled to challenge the results through legal means like recounts or lawsuits.
But what Republicans also seem to find acceptable is if Biden conspired to overturn the election by pressuring officials and using lies about election fraud to change vote totals, decertify results, and submit fraudulent documents to Congress claiming he won. According to Republicans, it would be legal for a high-profile Democrat, acting as Biden’s lawyer, to present false information to the Michigan state legislature in an attempt to certify the election for Biden, even if he hypothetically lost the state.
Republicans also argue that it would be legal for Biden to pressure officials to change vote totals, organize fake electors, and for Vice President Kamala Harris to unilaterally declare Biden the winner, even if he lost the election.
While these hypothetical scenarios are not currently possible due to electoral reforms enacted in 2022, it is worth noting that many Republicans opposed these reforms. By defending Trump and his actions, Republicans are essentially stating that it would be legal and acceptable for Biden to engage in similar tactics to overturn an election.