But outside court, Powell has continued to play to Trump’s base and bolster theories related to the big lie.
Facts First: It is total nonsense for Powell to claim that Trump could simply be reinstated and that a new Inauguration Day could be set.
According to CNN legal analyst Steve Vladeck, “Powell is just making stuff up. There’s no regulation, rule, statute or constitutional provision that comes within a million light-years of what she’s describing. There is no mechanism for ‘reinstating’ a former President. There is no procedure for setting a ‘new Inauguration Day.’ “
“It would take a new constitutional amendment to change that,” Eugene Volokh, a professor at UCLA School of Law, told CNN.
According to Volokh, under the current Constitution a sitting president can be removed ahead of the expiration of their term only through resignation, impeachment and conviction, or the provisions for presidential disability in the 25th Amendment.
It’s worth noting that Powell said “should,” so it’s possible she’s not suggesting that the current law allows a president to “simply be reinstated” but that it should. Even so, Harvard University Law School Professor of Constitutional Law Laurence Tribe told CNN it’s “still weird and wild,” adding that it’s likely “it would be unconstitutional if a law was passed to that effect.”
Tribe referred to Powell’s comments as “part of a fantasy world that is truly dangerous to democracy.”