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Trump attorney Jenna Ellis opposes use of Insurrection Act, says American people don't want that

'Our solution can't be to undermine the Constitution,' said Ellis.

Published: December 21, 2020 12:32pm

Updated: December 22, 2020 10:43am

Team Trump attorney Jenna Ellis is advising the president against use of the Insurrection Act as he continues to contest the results of the November election. 

The Insurrection Act of 1807 is a federal law that gives the president the authority, under very specific circumstances, to deploy the U.S. armed forces to quell civil disorder, rebellion, or insurrection. As explained by Ellis, in this case it would involve the president taking "the military and going to seize assets in state sovereignties," for example the Dominion Voting Systems machines. 

"Certainly, I would not advise that the American people want that" because of the "precedent that it would set," said Ellis.

"We have a constitutional process for a reason, and we have the judicial branch that really does need to step in," she told "The Water Cooler" host David Brody. "I think that the Supreme Court absolutely let the American people down by refusing to take up the Texas case." 

Despite her disappointment in the judicial branch and the behavior of some state lawmakers, Ellis emphasized that use of the Insurrection Act is not how the founders envisioned the law being applied. The framers put in place guardrails that come before use of "the military option," she said. 

"The state legislatures, they can look at all of this corruption, they can look at how their laws and their states were totally ignored, and they can take back their delegates at any time," said Ellis. "And they can refuse to go along with the certifications that are absolutely false and fraudulent. So that's the constitutional solution." 

As the Jan. 6 meeting of Congress to count the Electoral College results draws nearer, members of the president's inner circle are beginning to contemplate the longer term implications, beyond just a Biden presidency, of an election they view as stolen. 

"We have to still make sure that even though we see that our country has been undermined by corruption, our solution can't be to undermine the Constitution ourselves," said Ellis. 

"We have to go through the process, we have to hold our leaders accountable," she argued. "And at the end of the day, if we don't get a correction, in this case, we have to fight to make sure that this never happens again."

See David Brody's full interview with Ellis at 4:00 p.m. EST on Real America's Voice. 

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