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Old 11.12.2020, 11:57 PM   #263
Robert Schunk
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Join Date: Feb 2007
Location: East Coast, USA
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Regarding President Trump's refusal to share intelligence briefings with former Vice President Biden:

Under the Constitution, there is no President-Elect until the Electors have met in their respective state capitols and cast their votes. This year, the date set for the election of the next President by the Electoral College is 14 December 2020. If Trump is doing something wrong by claiming victory prior to that date, then Biden is guilty of the same offence by setting up his phoney "Office of the President-Elect". Right now, we're still in the tabulation-and-ascertainment period following the popular vote, and, unless the other candidates concede the election prior to that date (as is usually the case, but not this year), it constitutes a violation of diplomatic protocol and interference with internal US affairs for a foreign state to congratulate a presumptive winner prior to the completion of that event, as it constitutes the recognition of a government that has not yet become legitimate according to the US Constitution.

As such, the congratulations offered to Biden as "President-Elect" by Canada, the United Kingdom, France, Germany, Israel, Ireland, Turkey, Saudi Arabia, Australia, South Korea and Japan may be seen as constituting unfriendly acts against the United States, and any discussion by former Vice President Biden with foreign leaders which might be seen as negotiation to influence US policy towards those countries may, possibly, constitute violations of the Logan Act on his part.
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