As we have stated before, Trump could very much use his refusal to step down as a bargaining chip to avoid prosecution after he leaves office. Trump has been sowing doubts about the fairness of the election before he lost, and now he’s dialed up the crazy in terms of voter fraud delusions. What is not in the least funny is Pompeo saying that the transition to a second Trump term is a done deal.
The Biden team should take these threats extremely seriously. Trump could very easily cajole members of the electoral college into switching their votes making him the legal winner of the election. Short of getting written assurances that this won’t happen, Biden needs to do all that is possible to prevent the electoral college from delivering anything other than a Biden win.
Trump is desperate. He faces several lawsuits and prosecution as the unindicted co-conspirator for the payment of hush money to Stormy Daniels. This last one is a federal charge, for which he could pardon himself or quit and ask Pence to pardon him. However, the New York state charges are a completely different matter.
Trump has every reason to continue to pretend like he has every right to continue as president for a second term. Through his long career as a professional grifter, Trump has flustered the IRS and bankers and he knows that Biden would rather give up the presidency than to have a potential military coup-d’etat. There is the story of king Solomon, who ordered that a baby be cut in half in order to settle a dispute between two women each claiming to be the mother. Of course, the real mother was horrified at the prospect, which is why she pleaded that the baby not be cut in half but given to the other woman. This proved to Solomon that she was the real mother, because the real mother would not want their baby any harm.
A similar dynamic is at play. Trump is pushing the boundaries of democracy by claiming—without substance—that he was cheated. By doing so, Trump is stressing the democratic system to unprecedented levels. Trump does so because he has nothing to lose and everything to gain. But Biden must not fall into the trap of giving up his legal claim to be the next president inaugurated in January. Biden must not bide his time, but he should be starting a formidable legal strategy to force Trump out. After all, what Pompeo and Trump are doing is nothing short of sedition: they are conspiring against the duly elected government of the United States.
It is not an exaggeration to describe the current situation—where the incumbent president refuses to concede an election he lost—as anything short of a constitutional crisis. It may be happening in slow motion, but Trump has made no secret of his desire to be president for life and his obstinance is evidence that he believes rules do not apply to him. Biden should indeed take the current situation very seriously. It is much more serious than it appears.