Ex-DOJ Attorney Slams Trump’s 'Madcap' Election Takeover Proposal as Unconstitutional

Reports of Donald Trump’s intent to take over elections through a national emergency have sparked concern among political experts. A recent report revealed the president's supporters are working on a draft executive order that would strip states of the power to conduct elections.

Trump has long urged Republicans to nationalize elections. His supporters are now seeking a national emergency declaration, citing that the 2020 election was rigged against the 79-year-old leader.

In an earlier social media post, the president hinted he was exploring a way to control elections without Congress’s approval. Legal experts are now questioning the legality of the draft order.

Ryan Goodman, a legal scholar who previously served as a special counsel at the Department of Defense, said the potential order would be deemed illegal and expressed hope the courts would strike it down.

Goodman said during an appearance on CNN, “He [Trump] can’t legally do it, so I don’t think this survives first contact with the courts. If he passes this kind of executive order, I imagine within hours there will be people who have already developed their litigation strategy to counter it.”

Goodman added that because the United States operates under a federalist system, the power to conduct elections should remain with the states. He further expressed concern about the idea of the president declaring a national emergency.

Goodman said, “It’s madcap in a certain sense of how extraordinary the idea is. And that’s why it’s on steroids in a certain sense. And I think people that are involved in this machination might need to worry about their own criminal exposure just to put it out there.”

Meanwhile, Democrats and independents criticized Trump’s intention to exert power over elections. Shortly after the report about the draft order came out, Vermont Senator Bernie Sanders took to X to warn that the United States could head towards an authoritarian society if Trump is not stopped.

He wrote, “The 2026 elections may not come down to Democrats vs. Republicans. It may be about whether we remain a democracy or move to an authoritarian society. We cannot allow Trump and his friends to stop a free and fair election. Fight back.”

House Minority Leader Hakeem Jeffries also released a statement in the aftermath of the report. He said, “The President appears intent on manufacturing conspiracy theories so Republicans can desperately cling to power while their extreme agenda is being overwhelmingly opposed by the American people.”

“We reject the legality of any executive order based on debunked claims of Chinese interference in the 2020 election. Democrats will not allow Donald Trump to take over this election, and neither will the American people,” Jeffries added.

Supporters of Trump argued the order is necessary to curb foreign interference in elections. Florida attorney Peter Ticktin, who has worked on the draft order, told The Washington Post that the measure would enable Trump to ban mail ballots and electronic voting machines, a goal the president has repeatedly pushed for.