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Epshteyn says Constitution does not prohibit Trump reinstatement, matter has never been ruled upon

During an interview with Dr. Gina Loudon on Real America's Voice, Epshteyn, a former Trump 2020 strategic advisor, predicted that the matter will land in nation's high court.

Updated: June 21, 2021 - 10:21pm

The Facts Inside Our Reporter’s Notebook

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Boris Epshteyn said that no one can state for certain that it would be unconstitutional for former President Donald Trump to be reinstated to the presidency since the U.S. Constitution does not prohibit reinstatement and the issue has never been ruled upon.

During an interview with Dr. Gina Loudon on Real America's Voice, Epshteyn, a former Trump 2020 strategic advisor, predicted that the matter will land in the nation's high court.

Epshteyn said that "the interplay of the 10th Amendment" to the U.S. Constitution, the 12th Amendment and Article II, "would suggest that states do have a right to decertify. And from then, it's an open question what happens next."

He said that after information becomes available from state audits, "decertification should happen because that's the correct step from the states. And from then on in terms of deciding what to do about the federal election, well, there's gonna be an open question," he noted, remarking that he believes that the matter will go before the Supreme Court.