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Former prosecutor calls Trump's proposed election emergency plan absurd and unworkable

Elie Honig argues that Donald Trump's idea to declare a national-security emergency for the 2026 midterms is legally untenable and likely to fail in court.

Elie Honig, writing for New York Magazine’s Intelligencer, critiqued a suggestion made during a interview with commentator Wayne Allyn Root that Donald Trump could invoke a national-security emergency to impose stalled election reforms before the 2026 midterms. Honig emphasized that the Constitution requires the president to cite an existing emergency-powers statute and demonstrate an actual emergency, conditions that are absent in this scenario.

He explained that the National Emergencies Act does not grant new powers, only procedural shortcuts, and no law currently gives the president authority over elections. Honig referenced recent Supreme Court decisions that have curtailed similar emergency claims, concluding that any attempt by Trump would be resolved through litigation and ultimately fail. He warned that pursuing such a strategy could create confusion and chaos, even if it does not succeed legally.

Why it matters

The piece highlights the legal limits on presidential power, underscoring why Trump's proposed emergency tactic is unlikely to alter upcoming elections.

In this story

midterm electionsemergency powersSupreme Courtelection reformlegal challengeDonald TrumpElie Honig
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