OK, as an attorney, as a political commentator,

and frankly, as a former White House official,

I used to think I knew a lot

about how America picks a president.

I was wrong, I did not know.

And this year,

I've been doing some research into some of the fine print

and all the different things in our constitution

that we never talk about,

and I've discovered some legal loopholes

that shocked me,

I guarantee will shock you,

and could determine the way

that the presidential election of 2020 turns out.

For instance, did you know that under our constitution

a presidential candidate could actually lose the popular vote,

fail to get a majority in the electoral college,

refuse to concede,

manipulate hidden mechanisms in our government

and still get sworn in as the president of the United States of America?

That's a true fact.

I know it sounds like some crazy "House of Cards" episode,

and I wish it was,

because then we could just change the channel,

but I just described to you a real-world, real-life possibility

that could occur this year, the year I'm talking, in 2020,

or in some other year,

if we don't fix some of these glitches in our system.

So if you think, though,

that the American people's choice in a US presidential election

should actually be sworn in to become president of the United States,

please pay attention to this talk.

I'm going to teach you how to stop a coup, OK?

Now, where to begin?

Alright, how about this:

It turns out that one of the main safeguards of US democracy

is not in the constitution at all.

It's not in the law at all.

It's actually just a little tradition, it's a little custom.

And yet, this one voluntary gesture

is one of the main reasons

that you almost never have riots and bloodshed and strife

after a US election.

What I'm talking about is a concession speech.

OK, it's ironic,

it's the one speech no presidential candidate ever wants to give,

and yet, it is that public address

that is most important for the health

and the well-being of our nation.

It's that speech, you know, when a presidential contender gives,

it's after the advisers come and the media tells them,

"Look, you're not going to get enough votes

to be able to hit that magic number of 270 electoral college votes.

You're just not going to get there."

At that moment --

you don't think about this,

but the fate of the entire republic

is in the hands of a single politician

and their willingness to walk out there

and stand in front of their family and stand in front of the cameras

and stand in front of the whole nation

and say, "I am conceding the race, voluntarily.

Thank you to my supporters.

The other person has won now, congratulations to them,

let's unite behind them, let's move on, let's be one country.

God bless America."

You've seen it a thousand times.

Make no mistake,

this is a remarkable tradition in our country.

Because at that moment,

that candidate still has at her command

a nationwide army of campaign activists,

of die-hard partisans,

tens of thousands of people.

They could just as easily take up arms,

take to the streets,

they could do whatever they want to.

But that concession speech instantly demobilizes all of them.

It says, "Hey, guys, stand down.

Folks, it's over."

Moreover, that concession speech

helps the tens of millions of people who voted for that person

to accept the outcome.

Acknowledge the winner, however begrudgingly,

and then just get up the next morning,

go to work, go to school,

maybe disappointed

but not disloyal to America's government.

And even more importantly,

that concession speech has a technical function

in that it kind of allows all the other stuff

that our constitution requires after the voting,

and there are a bunch of steps like,

you've got the electoral college that has got to meet,

you've got Congress who's got to ratify this thing,

you've got an inauguration to be had,

all that stuff can just move ahead on automatic pilot

because after the concession speech,

every subsequent step

to either reinstate the president or elevate a new president

just happens on a rubber-stamp basis.

The constitution requires it, but it's a rubber stamp.

But we sometimes forget, candidates do not have to concede.

There's nothing that makes them concede.

It's just a norm in a year in which nothing is normal.

So what if a losing candidate simply refuses to concede?

What if there is no concession speech?

Well, what could happen might terrify you.

I think it should.

First, to give you the background,

let's make sure we're on the same page,

let me give you this analogy.

Think about a presidential election as a baseball game.

The end of the ninth inning,

whoever is ahead wins, whoever is behind loses.

That's baseball.

But could you imagine a different world

in which, in baseball,

there were actually 13 innings, or 14 innings, not just nine.

But we just had a weird tradition.

If you are behind in the ninth inning,

you just come out and concede.

Alright?

So all those other innings don't matter.

That's really how the presidential elections work in America.

Because the constitution actually spells out

two different sets of innings.

You've got the popular election process that everybody pays attention to.

And then you've got the elite selection process

that everybody essentially ignores.

But in a close election,

if nobody concedes,

the second invisible process,

these extra innings if you will,

they actually matter a whole lot.

Let me explain.

That first set of innings, popular election,

it's what you think about

when you think about the presidential election.

It's the primaries, the caucuses, the debates,

the conventions, it's election night,

it's all that stuff.

Most of the time, the loser on election night

at that point just concedes.

Why? "The American people have spoken."

All that.

But according to the constitution, the game is technically not over.

After the cameras go away,

after the confetti's swept away,

the constitution requires this whole other set of innings.

This elite selection process stuff,

and this is all behind closed doors,

it's among government officials.

And this process goes from the end of the vote counting in November,

through December all the way and then January.

You just never think about it,

because for so many generations,

these extra innings haven't mattered much

because the election-night loser just concedes.

So this other stuff is just a formality.

Even in 2000,

vice president Al Gore gave up

as soon as the Supreme Court ordered an end to the vote counting.

Gore did not continue the fight into the state legislatures,

into the electoral college,

into Congress,

he didn't try to discredit the results in the press.

Frankly, he didn't send his supporters out into the streets

with protest signs

or pitchforks or long guns.

As soon as the court said the vote count is done,

he just conceded to George W. Bush.

Because that's what we do,

that's just kind of how we do things around here.

You don't fight in the extra innings.

Until maybe 2020,

when one major candidate is already saying

he may not accept the results of the vote counting.

Curse you 2020.

So what can happen instead?

Instead of conceding,

a losing candidate could launch a ferocious fight to grab power anyway.

Or to hold onto power anyway.

In the courts, yes.

But also in the state houses, electoral college, even in Congress.

They could file, for instance, dozens of lawsuits

attempting to block the counting of millions of, like, mail-in ballots,

saying they should all be thrown out, they're all fraudulent.

Then, they could demand

that the states refuse to certify the election

because of all this alleged fraud,

or interference from a foreign power.

Or the loser's party could send a rival slate of electors

to the electoral college or to Congress,

and say, "We're the real electors,"

and create a whole situation with that.

Any of this stuff could create such a mess

in the electoral college and the Congress,

that the whole matter just winds up in front of the House of Representatives

for the first time since the 1800s.

Now, here's where it gets totally crazy.

If the presidential election winds up in the House of Representatives,

they don't have to pay any attention at all to the popular vote

or the electoral vote.

It's like the election never happened.

And then it gets even crazier.

The final tally in the House is taken not by delegates

but by delegation.

In other words,

individual congresspeople don't get to vote.

It's done by states.

Now, get your head wrapped around this.

In 2020, the majority of Americans live in blue states,

but there are more red states.

So there's a possibility

that the Republicans in the House of Representatives

could just anoint their candidate to be president,

even without the popular vote,

or a majority in electoral college.

That could happen.

Now some people would call that outcome

a perfectly legal,

perfectly constitutional coup

against the very idea of majority rule in the United States.

That is possible under our constitution,

and it can happen this year.

So what can you do about it?

OK now, keep in mind,

if the margin of the victory is so massive,

it's truly massive,

the losing candidate's political party is going to walk away

and just let their leader go down.

Nobody is going to risk a constitutional crisis

to save somebody who is super unpopular.

But if the race is close,

all bets are off.

And then the fight could continue long past election night.

You could be, you know, trying to deal impact

this whole other process you never heard of before.

You're going to have to be lobbying,

protesting, speaking out, contacting lawmakers,

a whole other process you've never done before.

So landing in this completely unfamiliar scenario,

what can you do?

How are we supposed to act?

What are we supposed to do in this situation?

There's basically three things that matter.

Number one, get informed.

A number of progressive organizations are already working hard

to warn Americans about this growing threat to our democracy.

Some organizations you could look into and research for yourself:

choosedemocracy.us,

electiontaskforce.org,

protectdemocracy.org,