No – Joe Biden Is Not ‘President Elect’ – Yet – Here’s Why

Michael Vadon via Wikimedia Commons

Analysis – Despite the contentious debate about alleged vote fraud, litigation, and recounts, and the media declaring Joe Biden the “projected” winner of the election, one very simple fact is being overlooked by nearly everyone. There still is NO certified winner of the U.S. presidential election.

Everything else is political smoke and disinformation.

President Trump claiming victory early morning after election day was wrong and premature. However, Biden takes the prize for most delusional. Running around, while key states are still counting votes, and litigation pending, with a huge made-up sign saying “Office of the President-Elect” is beyond farcical.

Firstly, there is NO official entity by that name. It simply does not exist by the Constitution, statute, regulation, or law.

President Obama essentially made it up as a marketing ploy in 2008. This allowed him to undermine President GW Bush by giving “official” looking press conferences and making “official” sounding pronouncements while Bush was still the sitting president.

President Trump also made use of this faux entity in 2016 but to a more limited degree.

Biden though has taken it to an entirely new level. In his case using his made-up “Office of the President-Elect” signage to further the disinformation mirage that Biden has authority and legitimacy he simply does not have, because – Biden is NOT the President-Elect.

No one is – yet.

To be clear, politicians on both sides can simply say they believe Biden should be called the President-Elect, or that he be given intelligence briefings, the media and Biden’s supporters may want him to be the President-Elect already – but wishing, wanting, and pontificating doesn’t make it so.

Biden may soon be President-Elect, or maybe Trump will score a win in the courts that help him cross the finish line first and remain President.  But as of now, no one has been officially certified as the winner of the 2016 presidential election. NO ONE.

There is no President-Elect yet, and it is OK.

It is OK because there is an official process to determine the President-Elect and neither the media nor individual politicians have a say. And waiting a few weeks is not the end of the world, nor of democracy.

That is why new presidents are not inaugurated until Jan 20th to ensure time for the process to play out.

The first requirement is that vote totals in states be certified. In this election that means the key states that are still counting, or under contention, that will ultimately decide the Electoral College vote. That has yet to occur in several states in question.

The second requirement – per the Presidential Transition Act of 1963 – needs the federal Government Services Administration (GSA) to “ascertain” the winner and designate the President-Elect for transition purposes. Due to the litigation and lack of state vote certification, that also has not yet been done.

That is why Team Trump is not initiating any type of premature presidential transition with Team Biden, nor providing intelligence briefings to Biden. He simply is not legally President-Elect.

Then there is the most important requirement – the Electoral College. Until the Electoral College meets in mid-December to make the vote official, there really is no President-Elect.

In the past, Americans have allowed the media to project winners, and the political establishment went along, often before all these requirements were met, because, generally there was not much of a discrepancy between the projections and the reality. And few elections (2000 election being a big exception) were contested.

Sadly, that has now changed.

In today’s world, it pays to be patient and wait for official certifications, ascertainment, and Electoral College votes before declaring winners. That is the process that our brilliant founders created.

Both Biden and Trump need to follow it. And so should the media and everyone else.


Paul Crespo

Paul Crespo is the Managing Editor of American Defense News. A defense and national security expert, he served as a Marine Corps officer and as a military attaché with the Defense Intelligence Agency (DIA) at US embassies worldwide. Paul holds degrees from Georgetown, London, and Cambridge Universities. He is also CEO of SPECTRE Global Risk, a security advisory firm, and President of the Center for American Defense Studies, a national security think tank.

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Marie Crawford
Marie Crawford
5 months ago

Biden/Harris are so sure they are incoming people that they have lost their minds. This should prove to voters for Biden that they knew what all illegal things democrats were doing because no one in their right mind would vote for these two except the ones that want everything free and government taking care of them. So sad we have these kind of Americans.

Herbert G. Chapman
Herbert G. Chapman
5 months ago

Mary , It started back in the early sixty’s with John Kennedy with his “charity begins at home” platform and all lazy people stopped their jobs and signed up for welfare .

Dorothy
Dorothy
5 months ago

Finally a truth about falsehood of “president elect”. Just another case in point to his lack of mental capacities and locks in the fact that he can make up official titles and fake signs of such in the LA-LA Land he resides in mentally. GOD help us if he actually does win and the evil Kamala is in charge!!!

C Squared
C Squared
5 months ago

Mr Crespo
Did you really mean “no one has been officially certified as the winner of the 2016 presidential election” I didn’t think so.

Rick
Rick
5 months ago
Reply to  C Squared

well See Squarehead, I’ll explain in words you might Understand ! the news do NOT declare a Winner ! The results must first be “Certified” by Secretary of state in EACH state. Then The Electoral college Takes Over, and If you remember 2016, they Ran counter to the “popular Vote” which , hilLIARy won by something like 3 million Kalifornians and a few Others, So Mr. Crespo is Factually Correct…. Things are still up in the Air ! And Until ALL votes are tabulated, AND certified, Nothing is Official, Regardless of what you hear from the Lamestream fake news…. And then the courts will get Involved, Just like in 2000, And the winner will be Decided…. And Yes, Everything I just recited, is Factually confirm-able regardless of your affiliation…. Look it up and Quit being a doofus

JMac
JMac
5 months ago
Reply to  Rick

No, there really IS a type!! They should have said “no one has officially been certified as the winner of the 2020 presidential election.”

JMac
JMac
5 months ago
Reply to  JMac

typo!!!

Floyd Hardee
5 months ago

The FCC determined who the winner would be long ago. Why? How? They allowed many major news outlets to practice bias in handling Liberal/Conservative groups giving preference to the Liberals, Socialist, Communist, the Progressives, and terrorist’s groups. They had a free platform while Conservatives, the GOP and God fearing folks were often censored, or deleted. Their bias was tolerated by the FCC. They could have legally pulled their license to operate. So Biden had a huge advantage. All these news outlets smeared Trump while shielding Biden from closer scrutiny. Now they are demanding Trump to concede and discounting the fraud which occurred all over the country. They want us to accept the election as legal. What a laugh!

Teresa McGill
Teresa McGill
5 months ago

I just watched the movie “Hannibal” and Biden’s brain will be the same as Liotta’s brain when Hopkins cut out a piece and then Hopkins wheeled him into another room to never be seen again. The Dems will put Biden behind closed doors due to his brain being mush and declare him incompetent and take over.

Barbara
Barbara
5 months ago

DO YOU KNOW WHY THAT BIDEN WILL NEVER BE PRESIDENT AND IT WILL BE TRUMP BECAUSE OF THE COUP THAT THE DEMS TRIED TO PULL. THAT DOMINION VOTE CHANGER IN THOSE MACHINES WAS FOUND OUT AND TREASON IS IN THE WINDS PEOPLE. IT WAS SET UP FOR BIDEN TO WIN BY CHEATING BIG TIME. AND THE DOMINION SITE WAS RAIDED OVER IN GERMANY TO FIND OUT ALL ABOUT IT, AND SOROS HAS HIS CONNECTIONS TO THAT VOTE FLIPPER. AND A FEW OF THE DEMS ALSO HAVE CONNECTION TO THAT INSTALLATIONS IN THOSE MACHINES. THAT MALWARE HAS CONNECTIONS WITH VENAZUALA AND CHAVOS. THE DEMS USED THOSE MACHINES IN 2016 AND 2018. AND THEY ARE AS DIRTY AS THE SWAMP COULD GET.. TRUMP IS THE REALL WINNER AND THOSE PEOPLE ARE GOING TO DISAPPEAR FOR GOOD I BELIEVE IN EITHER GITMO OR SOME PRISON FOR TREASON.!


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