OPINION | Jared Kushner's strange comment

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Editor's Note: Frida Ghitis, a former CNN producer and correspondent, is a world affairs columnist. She is a frequent contributor to CNN opinion, a contributing columnist for the Washington Post, and a columnist for the World Politics Review. Follow her on Twitter @fridaghitis. The opinions expressed in this comment are those of the author. Read more opinion at CNNe.com/opinion.

(CNN Spanish) - When Jared Kushner speaks in public, he very often reveals the most dangerous truths about the Trump administration. Jared Kushner's last talk occurred on Tuesday (May 12), when President Donald Trump's son-in-law and senior adviser doubted whether the next presidential elections will be held, as scheduled and mandated by law, on November 3.

Please read carefully. His phrase alone hints at what should be among every American's worst fears. In an interview with Time magazine, he was asked if he was willing to "commit to the elections being held on November 3." Kushner's response: "I'm not sure I can commit in one way or another, but right now that's the plan."

Can't Kushner commit? "Right now," is that the plan? At best, the statement oozes arrogance, disdain for democracy; in the worst case, ignorance of the law: the US Constitution.

The latter - ignorance of the law - is what some found most surprising. Prominent conservative commentator Bill Kristol in a widely publicized tweet wrote about "Kushner's complete lack of understanding of his highly subordinate role in our democracy." (In fact, neither the president nor his team can postpone the election, even in an emergency, according to a 2004 nonpartisan Congressional Research Service report.)

Is Kushner ignorant of the law, or has he let us know about the whirlwind of ideas going on in a nervous White House?

This is not the first time that the spectrum of presidential interference in the elections has been raised. Last month, in a discussion of actions that could threaten the ability of some Americans to vote safely during the pandemic, virtual Democratic presidential candidate Joe Biden told donors at a fundraising event: “Remember my words. , I think that it is going to try to reverse the election, and that it is going to find a reason why it cannot be held. ”

At the time, President Donald Trump's campaign spokesman Tim Murtaugh refuted the claim, with a typical question to Biden. He called the claim "the inconsistent conspiracy theory of a lost candidate who is out of touch with reality." Trump himself has said he has no intention of postponing the elections.

So why, when Kushner was asked the question, refused to dismiss it? Why didn't you dismiss the question as absurd? After the storm of criticism on social media, Kushner tried to clarify his statement. Read the wording of your statement. "I have not been involved in or aware of any discussions about trying to change the date of the presidential elections."

Is there any reason you couldn't just reassure the US - the election won't be postponed? A senior official told CNN that there are no talks at the White House about changing the date because that is a decision by Congress.

Can the election be postponed? Experts say it cannot, "No law passed by Congress has delegated these powers to the President, even in an emergency, so Congress is the only instance that has the power to change the date of the elections," said Sylvia. Albert, director of voting and elections at Common Cause, in the Washington Post.

The law of 1875 that established that the day of the elections indicates that it will be held “the Tuesday following the first Monday of November”. This stems from legislation in Congress, not the Constitution. That means that Congress has the power to change it. Could Trump persuade Congress to do that? Republicans in the Senate might agree, but Democrats, who control the House of Representatives, would never allow it.

At least one powerful Republican senator, the Chairman of the Rules Commission, Roy Blunt, rejected the idea. "We have had elections in the midst of the Civil War and in the middle of the Second World War," he said, "I cannot think of any justification for changing the elections."

Election day is not in the Constitution, but that document states when the current presidential term ends: January 20, 2021. That is when the Trump presidency will end, unless he wins re-election.

Reprogramming the elections would, in fact, be the longest of the possibilities, but one can see the theoretical appeal to Trump. Delaying elections may or may not help you buy time to get the economy out of its rut, but discouraging participation, especially in Democratic states, might be more helpful.

More than 80,000 Americans have died in a pandemic that, according to polls, most Americans believe has been mismanaged. With 30 million suddenly unemployed and the economy in freefall, polls show Trump running after Biden nationwide (even if he is ahead in some key battlefield states). There is no doubt that Trump will do almost anything he thinks could help him for his reelection.

When Kushner, exuding unearned authority, explained why he cannot "commit in one way or another," he was acknowledging that there may be problems with voters going to the polls in November.

That raises a critical question. Trump cannot postpone an election, but he may be considering other options anyway. Voters have already struggled to cast their vote in some primaries. Trump is working transparently to block mail-in voting efforts, falsely claiming that mail-in votes are fraught with fraud. That is a lie.

If there is any doubt that an election can take place normally in November, and it certainly exists, as the coronavirus opens an unpredictable path across the country, the administration and Congress must give top priority to ensure that the vote for mail can go smoothly.

American democracy depends on preventing Trump from playing, in any way, with the right of citizens to vote easily on November 3.

Kushner has just let us know that the administration may deem nothing to be sacrosanct - not even a guarantee that Election Day will take place completely as planned - as we move toward the end of this catastrophic presidential term.

Donald Trump Jared Kushner