The 22nd amendment states “No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.”
Quantifying that, if he won in 2020, that would mean that he’s been elected more than twice, making this upcoming term invalid. Couldn’t the Democrats just say that he won in 2020, and then tell him he can’t be president this time? What would be the repercussions to what Biden has done if that were to happen? What else am I missing? I’m hoping the hive mind here can help me be better informed.
This is an interesting question IMO. I think his followers argument would be that while he won the election (in their opinion), he was denied the opportunity to return for a second term. But to your point, the 22nd amendment doesn’t differentiate those two nuances. So yes, if they believe he won in 2020, it could be argued that he isn’t eligible. But then that opens up a while hornet’s nest of future election abuse opportunities.