Exhaustion Is The Point

After last week’s election results, I thought it appropriate to take a step back, breath in some fresh air, and enjoy the upcoming holidays. After all, the President-elect won’t take office until next year. Plenty of time to worry about our future next year and to make the most of this time of year with family and friends. Unfortunately, I made the mistake of reading a newspaper — a real newspaper, one that is not part of the propaganda arm of the MAGA party. To my dismay, Trump is already putting into place his plans to make himself the Dear Leader.

Most troubling — and a clear signal of his intent — Trump is insisting that he be allowed to appoint cabinet officers, federal judges and other high-ranking officials without Senate confirmation. This is what is meant by a “recess appointment” and it is a clear attempt at busting through any remaining guardrails right out of the gate. Under Article II Section 2 of the Constitution, the Senate is tasked with providing “advice and consent” on foreign treaties and the appointment of “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other officers of the United States” not otherwise provided for in the Constitution. To be sure, other presidents have tried to make recess appointments, especially when the Senate is not responsive to their intended appointments, and Article II Section 2, Clause 3 does give a president the power to fill government vacancies on a temporary basis if the Senate is not in session. In recent practice, the Senate theoretically stays in session even when the majority of Senators are absent in order to prevent recess appointments. I am concerned that the upcoming Senate leadership will abdicate their responsibilities as a co-equal branch of government and allow Trump free reign to appoint anyone he wants, whether qualified or not.

Trump’s intent is troubling on two levels. First, he is telling the MAGA majority in the Senate (and as of today, the House) that they must rubber stamp everything that he does. Second, it signals that he may make some appointments that are a step too far even for his MAGA controlled majority. (The recent announcement of Pete Hegseth, a Fox News anchor, as Secretary of Defense (SECDEF) may be the first test of the Senate’s loyalty to Trump.)

Additionally, it appears that Trump is attempting to circumvent the Constitution by creating government departments and “czars” that under the law can only be created and funded by Congress. Here again, given that the MAGA party controls the Congress, he may be contemplating actions that even his most ardent supporters find too extreme. Here is the type of thing to expect. Trump intends to create the Department of Government Efficiency (DOGE) and give cabinet level authority to Elon Musk and Vivek Ramaswamy to run it. In fact, the DOGE would be more like a commission or outside advisory board that makes recommendations to the White House and the Congress, the branch of government that would have to pass the laws needed to implement the recommendations. (Musk and his cronies are giggling over the acronym DOGE because that is a nod to Musk’s cryptocurrency of choice, dogecoin, the value of which is up 150% since Musk started touting the creation of DOGE. The oligarchs are in charge.) The DOGE charter is to reshape the federal government, significantly decrease the size of the federal work force by eliminating the “deep state” and abolish “unnecessary” government departments.

More good news. The Wall Street Journal reported yesterday that a draft Executive Order floated to Trump would create a tribunal to review the status of all military three and four star admirals and generals. As SECDEF Hegseth would support that effort. It is advertised as firing all of the “woke” officers in the military. What it really means is that Trump and his MAGA supporters in government would expect the military to do whatever — I repeat, whatever — Trump wants. In other words, he expects the military to be loyal to him and not to their oath to support and defend the Constitution. In his first term Trump was continually furious at many of the senior leaders in the Pentagon because they would not do his unconstitutional bidding. He means to fix that little quirk of nearly 250 years of loyalty to the Constitution rather than to one man. In fact, in Trump’s opinion because military members believe in something larger than themselves and even die for it, they are “suckers and losers.” Given that, according to the Supreme Court of the United States (SCOTUS) the president is immune for any actions he takes in his “core” powers, of which Commander-in-Chief is one, he can pretty much do whatever (that word again) he wants as long as he finds people with no morals, or ethics or regard for our institutions. And he has, and will, find many of them.

(Before I could publish this, Trump announced that Matt Gaetz of Florida, under investigation for allegedly having sex parties with underaged girls, is his nominee for Attorney General. Get ready for the purges.)

I am already exhausted by the idea of Trump as president, which is part of the plan. Fear and exhaustion are the tools of autocrats and dictators to keep the population in check and to weed out resistance. Democrats and moderate Republicans are caught in a trap. They believe in the Constitution and our traditions and norms and try to follow the law. MAGA folks do not. So President Biden invites Trump to the White House and promises a smooth and peaceful transition of power to the President-elect, while Trump refused to do either and fomented an attempted coup. The MAGA people expect their opponents to do the right thing so that they can take advantage of it. (I’m still wondering why those ten million illegal immigrants that each voted six times weren’t enough to give Vice President Harris the win. Maybe the Jewish space lasers malfunctioned.)

The pundits, experts and analysts have come up with a list of all the reasons that Vice President Harris lost to the MAGA crowd. Spare me. I blame the weak kneed Republicans that caved to a convicted felon, found liable for sexual assault, who fomented a coup, sold national security secrets, covered up hush money payments to a porn star and still believes that famous men have a right to grab women in the crotch. And those are just the highlights. Trump should never have been a candidate in 2016 and given all that we know after 6 January 2021 he should now be a golf caddy at a minimum security prison rather than president. The Republicans had every chance to put an end to his political career but were too afraid to stop him. History will show that Senator Mitch McConnell (KY) did more to destroy our country than any other single person because he had a desire for power greater than his own moral, ethical and professional misgivings. Shame is a word without relevance in today’s MAGA party.

There are some bright spots to give me hope. On the state level Democrats did surprisingly well even in red states. As a nation we did away with the Articles of Confederation because they were too unwieldly and divisive. Maybe a move back in that direction is in order. I always have and always will believe that your rights and quality of life under a government should not depend on your zip code but in today’s environment I hope that reasonable state governors and legislatures step up and assert themselves to protect their citizens from what is about to happen in Washington D.C. Those states will beacons of light keeping the principles of our democracy alive during a dark period of our history.