Regardless of your feelings on the 2016 elections, I think that we have uncovered a hole that is not covered on a constitutional level.
What is the appropriate remedy for a fraudulent election?
We need to have this gap filled. For the sake of argument, let’s say that we discover that a foreign nation was found meddling in our election. and that a candidate and staff was involved. We had to ponder this with the birther movement. I know I contemplated it. What if we found out that the President was not eligible to hold the office?
Considering the damage that can be done by this fraud of a President, what is the best remedy? Yes, we have an impeachment process for high crimes and misdemeanors, but that is just a removal from if the Senate so decrees it.
I think that it should be more serious. I think that the Presidency should be voided. all appointments rescinded, even if they were confirmed by the Senate. It is fruit form the poisonous tree. Void all executive orders, and any bills that the fraudulent President signed would be placed on hold pending the swearing in of the new president.
The tricky is this… do you install the other Presidential candidate? it seems to be the most fair process. Since the normal path of succession would place the Vice President int he Presidency, this would not work since they are enjoying that same poisoned fruit.
This is not an easy issue to wrestle with. Of course we know that in our current situation we are not going to see any change. This needs to be written now, and once the current administration is out, we can put it forth. I think that after this calms we have a shot seeing both side being able to tackle this objectively. I hope that it would never be used.