“So What?”

On 2 October 2024, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia released a 165 page indictment brought by Special Prosecutor Jack Smith in response to Donald J. Trump’s attempts to overturn the 2020 election. This is a superseding indictment replacing a previous indictment following the Supreme Court’s decision that presidents are immune from prosecution when acting in an “official capacity.” Mr. Smith responded to that decision by arguing that Trump acted in his capacity as a candidate, not as a president, and therefore he should be held accountable for his actions. Note that the federal judge released the previously sealed indictment, not the Special Prosecutor or the Justice Department, despite accusations from Trump and his MAGA acolytes.

Most of Trump’s actions leading up to the attempted coup of 6 January 2021 are already known to us in broad terms thanks to the work of the House Select January 6 Committee. The latest indictment contains information previously unknown to the public and reveals the full extent of Trump’s efforts to overturn the election, starting before voting was underway. It was a vast, multi-pronged effort at polling places, election offices, state capitals, in the U.S. House and Senate and finally through the violent attack on our nation’s capitol. The details are sobering. (Read it here.) In step by step detail, the indictment lays out Trump’s actions and the actions of those, mostly out of government accomplices, that worked to overturn the election. It lays out a timeline of events on 6 January with comparisons of specific events detailed on Fox News and Trump’s subsequent tweets, many of which were aimed at Vice President Mike Pence. When a White House staffer informed Trump that his Vice President was in grave danger (“Hang Mike Pence!”) and had been evacuated from the capitol his response was “so what?” Trump took no action to stop the violence.

“So what?”

To me that response is the essence of Trump. He cares nothing about anyone or anything unless there is a direct benefit to him personally. In his current campaign his willingness to hurt, defame or endanger innocent people has become increasingly obvious, less shielded in double speak and exceedingly dangerous.

There is every reason to believe that Trump will try to overturn any election result that does not declare him the winner. This time around, he has a willing accomplice in his Vice Presidential nominee Senator J.D. Vance (OH). Trump and Vance continue to reject the 2020 election results and to cast doubt on the 2024 election. Indeed, it has become a litmus test for MAGA supporters and politicians. One must reject the 2020 election in order to be a full fledged member of the MAGA cult. Four years later, the numbers of people claiming election fraud continues to grow rather than recede. As a result, the MAGA campaign, and those of others down ballot, are becoming increasingly autocratic, bordering on fascism, with political violence as an ever increasing subcurrent of the rhetoric. Trump’s language is openly racist, misogynistic, and antisemitic. He is dangerous.

With the election just over three weeks away, I am increasingly fearful for our democracy. If Trump wins, we are in big trouble. If he loses a closely contested result, we are in big trouble. The attempts to undermine our democracy are already underway. Consider the following few examples:

• Filing lawsuits in Pennsylvania, Michigan and North Carolina brought by Republican organizations and politicians seeking to disallow ballots cast by American citizens living overseas. The law known as the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) lays out the method for U.S. citizens living abroad to vote, and includes our military forces and their families whether overseas or otherwise away from their home states. Trump claims that this act is a plot by Democrats to “cheat” and collect illegal votes. He is trying to disenfranchise our men and women in uniform to increase his perceived chances of winning.
• Claiming that “illegal aliens” are swarming across the border to vote for Democrats in the election. As a result, multiple states passed laws that resulted in thousands of eligible voters being purged from voting lists and enacted voting requirements that disenfranchised many Americans, especially in low income areas. It is against the law for non-citizens to vote in any federal election. The number of cases prosecuted in the U.S. is statistically zero, meaning single digit cases in some states.
• Pushing state legislatures and courts to reject mail-in ballots. In some states, such as Pennsylvania, election officials accept ballots with minor clerical errors. The Republicans say this illegal. Similar efforts are underway in Georgia, North Carolina, Wisconsin, Nevada, and Michigan. Democrats tend to use mail-in ballots more than Republicans. (I assume it is only a coincidence that these states are critical to Republicans winning the election.)

I can go on, but you get the idea. Here is the MAGA game plan as I see it.

First, challenge everything in courts. Many, many lawsuits in addition to the ones above are underway. The intent? Suppress the vote. No Republican has won the popular vote since George H.W. Bush in 1988 with the exception of George H. Bush in 2004. Trump has a ceiling on the number of votes he is likely to get, with a two time track record to prove it, so instead of getting more voters to support him, eliminate the opposition.

Second, intimidate voters in likely Democrat precincts through implicit or direct threats of violence in order to lower voter turnout. In some areas I expect to see armed Trump supporters loitering near polling places.

Third, put Trump supporters on local, county and state election boards to disrupt the counting of votes, challenge their legitimacy and ultimately to delay or outright refuse certification of the results.

Third, use state legislatures to tie up certification of election results or to even ignore the results and use alternate electors dedicated to Trump. They tried this in 2020 and failed. They have worked out the kinks.

Fourth, use Trump’s useful idiots in the House and Senate to disrupt the final certification of the results. The effort, also attempted in 2020, is to throw the election into the House. Under the Constitution, each state gets one vote. That means that Montana, with one Representative, gets the some number of votes as New York with twenty six Representatives. Currently, there are more states with Republican delegations than Democratic ones, which is likely to hold, even if the Democrats win the majority in the House overall. This is not some theoretical outcome. It was and is part of the plan. It happened once in our history. Following the 1824 election, Andrew Jackson had the most electoral and popular votes but not a majority. The vote went to the House and the second place finisher, John Quincy Adams, was elected president.

Meanwhile, Trump is using ever more autocratic tactics and vile rhetoric to undermine the public’s trust in the federal government. He and his mini-me J.D. Vance are spreading despicable lies about the hurricane recovery efforts, legal migrants in Ohio, and the citizens of Aurora Colorado to make it seem as if the government is either out of control or actually aiding and abetting illegal activity. The purpose is to sow further divisions in our country and for people to expect the worst. When it all goes haywire leading to, during, and after the election, Trump and Vance will step up as “saviors” to take over and use their “strongman” tactics to “protect” us. During Trump’s alleged seven phone calls with Vladimir Putin over the last few years while out of office, he may have been getting pointers on how to take over a government.

One area that will differ in the Trump/MAGA totalitarian playbook regards attacks on the U.S. capitol. I doubt we will see another January 6 attack in 2025 in Washington D.C. The city will be an armed camp this time around with very, very, tight security. I do expect there to be attempts at violence and other efforts to disrupt the peaceful transfer of power. I think they will be more geographically scattered but potentially even more disruptive. The attacks will come in large cities, especially with large numbers of minority voters, at locations collecting and counting ballots. Perhaps also against county and state election boards. Several state capitals will be targets as domestic terrorists attempt to change or prevent the certification of ballots. I fear we are in for a tough go of it.

So what? Lighten up, you may tell me. The U.S. is fine and we will all be okay. The guardrails of democracy will hold. The sky is not falling. I hope so, but I believe what Trump, Vance and their minions are saying. They have come to believe what they are spouting. We always hope for the best. But we need to prepare for the worst. Most demoralizing and frightening is the willingness of formerly main stream Republican politicians and leaders to just go along. There is very little to no pushback from Republicans in Congress or in state legislatures regarding Trump’s vile plans and increasingly unhinged behavior. The man is becoming delusional and people I used to think were smart and cared about our country pretend that it is not happening or have actually gotten onboard with the lies.

We can save ourselves with an overwhelming vote in support of the coalition of Republicans, Democrats and Independents that want to preserve our democracy and are voting for Vice President Kamala Harris. There are several hundred former Republican and Trump Administration senior officials who have put aside their policy differences in order to keep our democracy. Take a look at the list. It includes two Republican Vice Presidents (Mike Pence — who refuses to support his old boss — and Dick Cheney), Trump’s former Secretary of Defense, two of his former National Security Advisers, his Chief of Staff, his Chairman of the Joint Chiefs of Staff, his Director of National Intelligence, former cabinet officials, security officials, ambassadors, generals, admirals, and on and on. These are the people that Trump claimed were “the very best people” who saw him up close and personal and do not want him anywhere near the White House ever again. We can overcome the efforts of the autocrats to install Trump as the Dear Leader. Every vote counts. Let’s keep our democracy.