Fact Check: Harris Says Trump Wants To Terminate the Constitution

Kamala Harris was quizzed this week by Breakfast Club host Charlamagne tha God in a wide-ranging interview that scrutinized her record, policies, and the public’s perception of her.

The pair also discussed Donald Trump, his connection to Project 2025, and the former president’s relationship with Russian President Vladimir Putin, including reports that Trump sent Putin COVID-19 tests at the height of the pandemic.

Harris also alleged that among Trump’s plans for government if elected was the termination of the Constitution.

The Claim

In an interview with Charlamagne tha God, Kamala Harris said that Donald Trump would terminate the Constitution if elected president.

“You know what he says he’ll do? Terminate the Constitution of the United States,” Harris said.

“Right let me remind folks, you know what’s in the Constitution of the United States? The Fourth Amendment which protects you against unreasonable searches and seizures, the Fifth Amendment, the Sixth Amendment, the 14th Amendment, and he’s going to terminate the Constitution of the United States?

“Which in most of those Amendments one thing or another was about a movement spurred by Black people to ensure that we would be equally protected under the law? Come on.”

The Facts

While we can’t predict what Trump will do if he’s elected, Trump’s comments on what he’d do to Constitutional law have waivered.

Harris appears to be referring to comments from 2022 when, as he spread the baseless claim that he lost the 2020 election, Trump suggested that all rules and regulations including those found in the Constitution should be terminated in light of what he called “Massive fraud.”

“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution,” Trump wrote on Truth Social on December 3, 2022. “Our great ‘Founder’ did not want, and would not condone, False & Fraudulent Elections!”

His comments were widely criticized, including by top-ranking Republicans such as Texas Senator Ted Cruz. The post was denounced by the White House, which asked then-Speaker of the House Kevin McCarthy to intervene.

Trump attempted to walk back the comment in a follow-up social media post calling the characterization “DISINFORMATION AND LIES.”

“The Fake News is actually trying to convince the American People that I said I wanted to ‘terminate’ the Constitution,” Trump said in a Truth Social post on December 5, 2022.

“This is simply more DISINFORMATION & LIES.”

“What I said was that when there is ‘MASSIVE & WIDESPREAD FRAUD & DECEPTION,’ as has been irrefutably proven in the 2020 Presidential Election, steps must be immediately taken to RIGHT THE WRONG.

“Only FOOLS would disagree with that and accept STOLEN ELECTIONS. MAGA!”

It’s hard to tell whether this threat amounted to more than characteristic Trump bluster, given the enormity of the claim and the pushback he received even from allies. Trump has not followed up on these comments since and despite the anger it caused, it’s hard to estimate the conviction of his threat, which Harris suggests is part of a real plan.

Newsweek has contacted a media representative for Kamala Harris and Donald Trump via email for comment.

The Ruling

Needs Context.

In December 2022, while pushing the false claim that he lost the 2020 election, Trump suggested the “termination of all rules…even those found in the Constitution” was merited in correcting his unfounded grievance.

He attempted to walk back the comment and has not repeated the same or similar claims since.

FACT CHECK BY Newsweek’s Fact Check team