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U.S. Elections

Advocacy groups preparing litigation in case of Trump reelection

Jan 16

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Former President Donald Trump won the Iowa caucuses on Monday, Jan. 16, with Ron DeSantis claiming second place and Nikki Haley landing third. Trump’s performance matches trends from nationwide polls showing him as the favored Republican nominee.

The general election is 10 months away on Nov. 5, however, some organizations are already preparing for litigation post-election if Trump retakes the White House.

There is much speculation about what a Trump second term would look like.

Trump had to clarify his remarks about “being a dictator for a day,” posting on his platform Truth Social that his comments were said “in a joking manner.”

Immigration is one of the top issues for Republican voters, according to an AP VoteCast poll of people at the Iowa caucuses. On the campaign trail, Trump has vowed to “use any and all resources needed, including thousands of troops currently stationed overseas” to secure the southern border.

How much Trump will use the military to fulfill his campaign promises is being questioned by his critics.

The Insurrection Act allows presidents to deploy the military in emergency situations. Some Democratic lawmakers are concerned that Trump will misuse the act.

“There are an array of horrors that could result from Donald Trump’s unrestricted use of the Insurrection Act,” said Sen. Richard Blumenthal, D-Conn. “A malignantly motivated president could use it in a vast variety of dictatorial ways.”

A coalition of public interest groups is looking to prevent Trump’s plan by tying it up early in the courts in case Trump gets reelected and tries to expand his presidential powers.

One such organization is Democracy Forward, which has taken the Trump administration to court over 100 times.

“We are preparing for litigation and preparing to use every tool in the toolbox that our democracy provides to provide the American people an ability to fight back,” said Skye Perryman, president of Democracy Forward. “We believe this is an existential moment for American democracy and it’s incumbent on everybody to do their part.”

The group of organizations told NBC News they have plans to send letters to Trump appointees “spelling out the consequences” they would also face if they “undermine the Constitution.”

“We’re already starting to put together a team to think through the most damaging types of things that [Trump] might do so that we’re ready to bring lawsuits if we have to,” said Mary McCord, executive director of the Institution for Constitutional Advocacy and Protection at Georgetown Law.

Polls largely indicate Trump will win the primary. While the polls also show a tight race between Trump and Biden, many end up giving the advantage to Trump. So, despite some fears over what a Trump second term would look like, half the country still intends to vote for him, according to Gallup data.

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[KARAH RUCKER]

TRUMP DOMINATED THE IOWA CAUCUSES –

HIS PERFORMANCE MATCHING THE TRENDS WE’RE SEEING IN NATIONWIDE POLLS.

THE FIRST PRIMARY IS ONE WEEK AWAY.

THE GENERAL ELECTION.

10 MONTHS AWAY.

BUT ALREADY – SOME ORGANIZATIONS ARE PREPARING FOR LITIGATION POST-ELECTION IF TRUMP RETAKES THE WHITE HOUSE.

THESE GROUPS SAY THEY’RE “PREPARING TO USE EVERY TOOL IN THE TOOLBOX TO FIGHT BACK” AGAINST A 2024 TRUMP VICTORY.

THERE IS MUCH SPECULATION INTO WHAT A TRUMP SECOND TERM WOULD LOOK LIKE.

TRUMP HAD TO CLARIFY HIS REMARKS ABOUT “BEING DICTATOR FOR A DAY” AFTER HEADLINES MADE TRUMP OUT TO BE AN AUTHORITARIAN.

HE SAID ON TRUTH SOCIAL THE COMMENTS WERE SAID “IN A JOKING MANNER.”

BUT WHAT HE WASN’T JOKING ABOUT –

IS POTENTIALLY USING THE MILITARY TO HELP SECURE THE BORDER ON DAY ONE.

WHAT WE LEARNED FROM THE IOWA CAUCUSES –

IS IMMIGRATION IS THE NUMBER ONE ISSUE FOR REPUBLICAN VOTERS.

ON THE CAMPAIGN TRAIL –

TRUMP HAS VOWED TO “USE ANY AND ALL RESOURCES NEEDED –

INCLUDING THOUSANDS OF TROOPS CURRENTLY STATIONED OVERSEAS.”

HOW MUCH TRUMP WILL USE THE MILITARY TO FULFILL HIS CAMPAIGN PROMISES –

IS BEING QUESTIONED BY HIS CRITICS.

BEFORE IT’S EVEN KNOWN IF TRUMP WILL GET A SECOND TERM OR NOT –

SOME PUBLIC INTEREST GROUPS ARE ALREADY LOOKING TO PREVENT TRUMP’S PLAN BY TYING IT UP EARLY IN THE COURTS.

THEY’RE PREPARING LITIGATION –

IN THE CASE TRUMP GETS RE-ELECTED –

AND IF TRUMP “ABUSES PRESIDENTIAL POWERS.”

DEMOCRACY FORWARD IS ONE OF THOSE GROUPS.

IT PREVIOUSLY TOOK THE TRUMP ADMINISTRATION TO COURT MORE THAN 100 TIMES.

THE PRESIDENT OF THE ORGANIZATION TOLD NBC NEWS “We are preparing for litigation and preparing to use every tool in the toolbox that our democracy provides to provide the American people an ability to fight back. We believe this is an existential moment for American democracy and it’s incumbent on everybody to do their part.”

THIS COALITION OF ORGANIZATIONS LEGALLY PREPPING FOR A “TRUMP SECOND TERM” TOLD NBC THEY HAVE PLANS TO SEND LETTERS TO TRUMP APPOINTEES “SPELLING OUT CONSEQUENCES” THEY WOULD ALSO FACE IF THEY “UNDERMINE THE CONSTITUTION.”

THE EXECUTIVE DIRECTOR OF ANOTHER ADVOCACY GROUP SAYS

“We’re already starting to put together a team to think through the most damaging types of things that he [Trump] might do so that we’re ready to bring lawsuits if we have to.”

PRESIDENTIAL POWERS THAT HAVE BEEN IN PLACE FOR 200 YEARS – 

SOME DEMOCRATIC LAWMAKERS ARE LOOKING TO PEEL BACK OUT OF FEARS TRUMP RETAKES THE PRESIDENCY.

“THE INSURRECTION ACT” ALLOWS THE PRESIDENT TO DEPLOY THE MILITARY IN CERTAIN EMERGENCY SITUATIONS.

DEMOCRATIC SENATOR RICHARD BLUMENTHAL SAID 

There are an array of horrors that could result from Donald Trump’s unrestricted use of the Insurrection Act. A malignantly motivated president could use it in a vast variety of dictatorial ways.”

POLLS LARGELY INDICATE TRUMP WILL WIN THE PRIMARY.

POLLS ALSO SHOW A TIGHT RACE BETWEEN TRUMP AND BIDEN –

BUT MANY GIVE THE ADVANTAGE TO TRUMP.

SO WHILE THERE ARE SOME FEARS OUT THERE OVER WHAT A TRUMP SECOND TERM LOOKS LIKE –

POLLS INDICATE THAT’S WHAT HALF THE COUNTRY INTENDS TO VOTE FOR.

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