For anyone that cares about the fate of our country now, or in the future, this was one busy week in Washington D.C.! While the Supreme Court was busy making our country less safe and rescinding a Constitutional right for the first time in our history (while threatening to continue to eliminate more in the future), the Select Committee to Investigate the January 6th Attack on the United States Capitol (commonly referred to as the J6 Committee) continued its hearings. Yesterday was the fifth in the series, and at least to this observer, the most compelling of them all. Which is saying something as each has been ever more riveting than the previous ones and they continue to boggle my mind with the audacity of the ex-president’s attempted coup.
While we were aware of seemingly isolated events in real time in late 2020 and early 2021, the J6 Committee is able to connect the disparate dots into a comprehensive explanation of the attempted coup following the 2020 election. What seemed to me at the time as a series of egotistical bloviating statements, coupled with wild and preposterous claims by unprofessional and clueless attorneys acting simultaneously with unscrupulous election officials and elected officials in key swing states can now be described as a preposterous, but highly coordinated, well-executed series of conspiratorial schemes to decertify the presidential election to keep the former guy in office. For the first time in our history (there seems to be a lot of that these days), a losing president refused to conduct a peaceful transfer of power to his successor and tried to retain power for himself. The ongoing hearings reveal just how close we came to losing our Republic.
Many an amateur historian wondered how the democracies in Italy and Germany could lead to dictatorships in the 1930s. We now know how it happens because we came oh so close to having it happen here. A charismatic leader creates a cult-like following and then finds people within the system that are willing to do anything to gain power for themselves in support of the would be autocrat. Based on yesterday’s sworn testimony, we now have a poster boy for those that would overthrow our way of life. His name is Jeffrey Bossert Clark, an Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice (DOJ). While his is a Senate confirmed position, he is relatively low on the hierarchy to be known to the average member of the public. He is now known far and wide as the man who was willing to stage a coup within DOJ in order to help the now ex-president stay in power. (As a side note, he was the subject of a pre-dawn visit by federal agents on Wednesday executing a search warrant to confiscate electronic devices for investigation into their possible use in a criminal enterprise.)
Mr. Clark worked a behind the scenes deal with the defeated president to become the Acting Attorney General of the United States. As was abundantly clear during yesterday’s testimony, Mr. Clark had no experience, expertise, or ability to run the DOJ. What he did have was the willingness to send out a bogus, deceitful, and unscrupulous letter to officials in Georgia and other states insinuating that the DOJ was investigating election fraud. Which was a lie. (Seemingly, the best way to find a place in the ex-president’s inner circle is the ability to unabashedly and unashamedly tell bold faced lies.)
His involvement seems like the “smoking gun” demonstrating the ex-president’s intent, ability, and effort to undo the free and fair election that gave President Joe Biden the presidency by roughly 7 million votes.
The then president continued to push the actual Acting Attorney General Jeff Rosen and Deputy Attorney General Richard Donoghue to send out the letter mentioned above. For days and in multiple conversations they explained that they had investigated every claim of fraud or improper election activity and there was nothing that impacted the outcome of the election. It was a free and fair election. As he testified yesterday, and in Mr. Donoghue’s contemporaneous hand written notes provided to the J6 Committee, Mr. Donoghue and Mr. Rosen explained that they could not “just change the outcome of an election. It doesn’t work that way.” The now ex-president responded “I don’t expect you to do that. Just say that the election was corrupt and leave the rest to me and the Republican Congressmen.“
(In yesterday’s proceeding, sworn testimony from at least two sources included the fact that Republican Representatives Mo Brooks (ALA), Matt Gaetz (FL), Louie Gohmert (TX), and Scott Perry (PA) asked for “blanket pardons” before the 2021 Inauguration. Additionally, it is believed that Representative Marjorie Taylor Greene (GA) asked for one. There was also a request for blanket pardons for “every Congressman or Senator who voted to reject the Electoral College vote submissions of Arizona and Pennsylvania.” aka the Sedition Caucus. Anyone that continues to support him now, knowing what we know with who knows what other gasp inducing revelations to come, is a traitor to the ideals of our nation.)
The ex-president knew that there was no corruption, he just needed DOJ to officially corrupt itself by signing a false document to fool the American public into thinking something was amiss so that he could use his allies in the Congress to decertify Electoral College votes for Mr. Biden and throw the whole process into chaos.
It was a premeditated plan with a beginning a middle and an end to keep him in power. As the hearings continue, we now know that there were multiple avenues of corruption intended to decertify Mr. Biden’s victory and to keep the former guy in office. The insurrection on 6 January was not a random act but rather part of a larger plan to pressure Vice President Mike Pence into changing the Electoral College votes, or, should that fail, bring down the Congress and decapitate the number two and number three office holders behind the president. We shall see what else the committee brings forward, but my guess is that the intent was to create such chaos and uncertainty with the attack on the capitol as to allow the president to invoke the Insurrection Act and declare Martial Law to keep himself in power until he could rig things to keep Mr. Biden from assuming the office.
There are two things that worry me going forward.
First, unlike former president Richard Nixon, this ex-president is not going away. He continues to rile up his cult followers in the public and in elected office to pursue the Big Lie that he won the election in, as he likes to say, “a landslide.” Over one hundred successful candidates for office in this year’s Republican primaries are advocates of the Big Lie. In many ways, the events surrounding the 2020 election were a dress rehearsal for 2024. Only a few real patriots that understood and stood by their oaths to the Constitution saved the day. Next time there will be people in place that do not take their oath seriously and will be willing to do whatever it takes to put their person in office. Apparently, some people put their oath to support and defend the Constitution in the same category as checking the box for terms of service to get on a web site.
As former Republican United States Circuit Judge John Michael Luttig, a conservative’s conservative, warned in a previous J6 Committee session, that there “was a war on democracy instigated by the former president and his political party allies on January 6” when “knowing full well that he had lost the 2020 presidential election… he and they set about to overturn the election that he and they knew the former president had lost.” He then went on to say that the ex-president’s actions today create “a clear and present danger” to the future of our democracy. Words no judge states lightly.
Second, what do we do about it? The danger of indicting and sending a former president to trial, under a new president from a different political party opens an entire series of questions about what that means to the future of our country. Does it set a precedent for every succeeding administration to pursue the previous one as punishment or payback? Would we be, as Dana Milbank of the Washington Post put it, “one bunch short of becoming a banana republic?” It is scary stuff. Unprecedented in U.S. history. It could start a Civil War — taking our current cold civil war to a hot one. Unknown territory.
On the other hand, the ex-president’s actions and those of his cronies and accomplices are also unprecedented. If we believe that in these United States “no one is above the law” then why would we not prosecute him? Clearly, I am not an attorney, but to this layman’s eyes the ex-president and many of his accomplices broke the law. They tried to overthrow the government. They were willing to establish an autocracy with one-man rule. Why should that go unpunished? If ever there was a political crime in our history since THE Civil War, this it. And he is planning to do it again. He told us as much. Holy Moly! As I have mentioned in this space on many previous occasions, autocrats from Mussolini to Saddam to Trump tell us exactly what they are going to do. They do not always succeed, but they have no shame and their ego is such that they are convinced that they can get away with it. Why let a petulant bully get away with crimes just because he happens to be a former president?
Taking the emotion out of it, hard to do, at least for me, there are pros and cons whichever way DOJ decides to go. There is every possibility that however Attorney General Merrick Garland decides to pursue this, or not, it could go south and turn out very badly for our country. To me, we have too much to lose by not pursuing every legal measure available to hold the former guy accountable. It is far more dangerous to our country in the long run to turn a blind eye to the coup ring leader. After each of his impeachment trials he was emboldened to take ever more egregious actions. If he is not held accountable for an attempted coup, who knows what he is likely to try next.
I agree with Judge Luttig. He is a clear and present danger to the future of our Republic. If one believes that, then there is no question as to whether to pursue a legal remedy to hold him accountable. Do it.
“If I was going to do a coup, one of the last people I would want to do it with is General Mark Milley.”
— Donald J. Trump in a 15 July 2021 statement.
It is nice to know that the ex-president would not use the current Chairman of the Joint Chiefs of Staff (CJCS) to lead a coup, but his statement above begs the question as to who his first choice might be.
The pronouncement is a reaction to an excerpt from the book I Alone Can Fix It by Pulitzer Prize winning journalists Carol Leonnig and Philip Rucker of the Washington Post. In the book, General Milley is reported to have been deeply concerned that the ex-president would attempt a coup after he lost the election. The CJCS spoke of the ex-president following the “gospel of the Fuhrer” and creating a possible “Reichstag moment” in the wake of the ex-president’s Big Lie about the election. (Regular readers of this blog will recall that my 11 December 2020 post expressed the same concerns. Although I did not know of the CJCS worries at that time, it was obviously a wide-spread fear.)
I must say that in the days since the 6 January insurrection, my apprehensions about the future of our democracy have only grown deeper. I think that we are in a real crisis.
It is easy for me to ignore the incoherent rantings of a demented ex-president who spends his time scamming his followers and relieving them of their hard earned dollars. What I cannot ignore is the concerted, coordinated effort of elected Republican leaders at all levels of government to continue to push the Big Lie, spread concern over the safety of the Coronavirus vaccine, and work to divide our country for their own personal ego, power and monetary gain.
Our democracy was attacked on 6 January 2021 with the aim of overthrowing an election and extending the reign of a budding autocrat in a clear violation of our Constitution. As the criminal investigation continues, it is ever more clear that the goal of the majority of the rioters that entered the Capitol building was to prevent the certification of Joe Biden as the 46th President of the United States. Without the protection of the Capitol Police and Metropolitan Police (DC), sprinkled with a heavy dose of luck, law makers would have been severely injured or killed, and, in my view, the loser candidate would have invoked the Insurrection Act and sent the active duty military into the streets. That was certainly General Milley’s concern and he had a front row seat to the inner workings of the administration.
If there is any doubt about that, consider another passage of I Alone Can Fix It where the authors report that the ex-president’s only regret is that he did not send troops into American cities during the Black Lives Matter demonstrations last summer. Not the National Guard. Active duty military forces. He was willing to use the American military against American citizens in order to silence their protests because he feared he looked weak. His only regret. Not the hundreds of thousands of people that died from the mishandling of the pandemic, not the refusal of people to take the vaccine because they think it is some kind of badge of loyalty to him, not the insurrection he fomented to bring down our democracy. Only that he did not use American military might in the streets of American cities.
Now Republicans of various stripes (perhaps down the middle of their backs?) are working hard to change the narrative surrounding the insurrection. In typical Orwellian fashion, Senate Republicans blocked a bipartisan commission to investigate the events surrounding 6 January which included everything the Republicans wanted — including a co-equal chairmanship, bipartisan agreement on subpoenas, and on, and on. As a result, the Speaker of the House moved forward with a House Select Committee to investigate. Immediately came the howls of “partisanship” “politics” and other accusations that would be laughable if not so serious. They blocked a bipartisan effort! But now it is partisan. Minority Leader Kevin McCarthy (Tr-CA) appointed five members to the Committee, of which two were clearly installed to disrupt and distract from the serious proceeding. When the Speaker took the highly unusual step of blocking those two individuals, Mr. McCarthy withdrew all of his nominees. He now intends to have his own, Republican only, inquiry into the insurrection. The intent of that move will be to create a circus to divert attention from what really happened. The current Republican mantra is that Speaker Nancy Pelosi (D-CA) is the real cause of the attack. (Remember, logic and fact-based reality no longer apply to anything 90% of Republican officials say these days, which I find subversive and un-American because they know better. Mr. McCarthy thinks that he will be Speaker of the House after the 2022 elections and he will do anything to achieve that goal. God Bless America if he becomes Speaker because we will certainly need it.)
While Mr. McCarthy’s investigative committee will be partisan, at least two Republicans will be on the official Select Committee. Representative Liz Cheney (R-WY) was on the original appointee list (Speaker Pelosi gave her one of the Democrat’s slots) and today we learned that the Speaker appointed Representative Adam Kinzinger (R-ILL) to the committee. It will be bi-partisan. Politically, there is little to nothing that I agree on with those two Representatives, but I admire their courage and willingness to put the Constitution and our country above raw politics.
While I am 100 percent in favor of the Select Committee doing a thorough investigation, I have little hope that they will be able to accomplish all that we might expect had the original bi-partisan commission been able to do its work. I deeply suspect that members of Congress and/or their staff members were involved to varying degrees in the events of that day. Although the committee will have subpoena power, a lesson learned from the previous administration is that individuals can ignore Congressional subpoenas with impunity. The Congress has no real method to force people to testify other than by going to the courts. In recent years, we learned that even if individuals eventually get ordered by the courts to testify, it could be two or three years of court fights before they are so ordered. Even then there is nothing to compel them to talk. We may even find that the Biden Department of Justice protects some of the high ranking officials of the previous administration because they do not want to set a precedent of undermining Executive Privilege. I believe that our country needs to fully understand what happened and hold those responsible accountable. In the current political climate, we may never fully know who did what.
Meanwhile, the Big Lie continues to spread. There may be no bigger threat to our democracy. The 2020 election was the safest, most secure in our nation’s history. Yet, millions of people think that the election was “stolen” and that President Biden is not the legitimate leader of our country. Once people lose faith in the election process, and thus think that any election that does not turn out as they would like is fraudulent, they will take action as they did in January to “restore” what they think was stolen.
In another Orwellian twist, the only way to change the proliferating election laws resulting from the Big Lie is to vote out those people that are implementing them, but the laws are designed to keep them in power. There will be challenges in the courts, but meanwhile elections continue under the new laws. Even should voters succeed in dumping the old gang, the laws are written such that legislatures or other partisan officials can overturn the will of the people if they decide they don’t like the results. So first they are trying to suppress the vote to stay in charge, but should that fail, measures are in place to overturn the elections.
These are turbulent times. What is happening is not “politics as usual.” It doesn’t have anything to do with politics. It is a direct assault on our way of governing. Most people are not really paying attention to what is going on around our country with changes to election laws, fake audits of the 2020 election, and active measures to undermine the vote. Misinformation, disinformation and pure unadulterated lies are being used to curtail our right to vote and to end the peaceful transfer of power.
Perhaps the assault on the Capitol was more like the 1923 Beer Hall Putsch than the 1933 Reichstag Fire. We must remain ever vigilant to keep history from repeating itself.
You’re traveling through another dimension, a dimension not only of sight and sound but of mind. A journey into a wondrous land whose boundaries are that of imagination. That’s the signpost up ahead – your next stop, the Trumpian Zone! — with apologies to Rod Serling
It seems as if we are in one of the spookiest and weirdest episodes of the Twilight Zone. It is almost as if we are experiencing an out-of-body experience as our democracy is under attack to a degree that we have not seen since the Civil War. We are in a place where facts don’t matter and the Constitution is ignored. Apparently, laws do not apply to those in pursuit of autocratic goals. We are in the zone where the federal and state governments exist only to serve one man — a zone most of us would never have imagined to be possible. Hyperbole? No. In fact, I think most Americans do not understand how precarious our democracy is and that it is under a full frontal assault. An ongoing coup attempt is underway, instigated by the then president about a year ago with claims that he could only lose if the election was rigged and that has grown and continued to the present day. Sadly, one of the two major political parties in our country is a full-on participant in the attempt to destroy our democracy — either acquiescing to the effort or actively enabling it.
These are the facts, not opinions. Over time, more and more revelations have uncovered the full extent of the ex-president’s efforts to overturn the election to remain as president illegally, or to be a dictator, depending on one’s view of an individual seizing power for his own purposes.
Here are some of the efforts that we know about so far:
- In December 2020 Michael Flynn, the disgraced one time National Security Adviser and a retired Lt. General in the United States Army, goes on the cable network Newsmax to argue that the president could deploy the military to confiscate voting machines and then rerun the election. The next day, the president invites him to the Oval Office to discuss Mr. Flynn’s plan and to review the possibility of deploying the military to impose martial law.
- The president pressured officials in key states to “find” more votes and encouraged lawmakers in state legislatures to overturn the election results in their states and replace the Electors voting for Mr. Biden with a slate that would vote for him instead.
- The president and his Chief of Staff Mark Meadows pressured the Georgia Secretary of State Brad Raffensperger to find enough votes to give him the victory and hinted that Mr. Raffensperger could be criminally prosecuted if he did not — a phone call now under investigation for violating the law. Additionally, he forced the U.S. Attorney in Atlanta to resign because he was not working hard enough to uncover “fraud” and to negate the Georgia election results.
- The president directed his Chief of Staff and other aides to pressure the Department of Justice (DOJ) to investigate bogus and hare-brained ideas claiming election fraud including one that “proved” Italian military satellites sent signals to voting machines in the U.S. to change votes for Mr. Biden. (Remember, we are now in the Trumpian Zone.)
- The president planned on appointing a senior DOJ staffer, sympathetic to his efforts to overturn the election, as Acting Attorney General when the existing Acting would not do his bidding. (That plan died when the bulk of the senior professional staff at DOJ threatened to resign if it happened.)
- Emails released by the House Committee on Oversight and Reform show that the president and other White House officials not only pushed DOJ to investigate bogus election fraud cases, they also sent the Acting Solicitor General a draft Supreme Court filing to dispute election results in six states. They pushed DOJ officials to seize voting machines in key states. (A different effort than the Flynn Plan to use the military.)
- The then president organized a “Save America March” in Washington D.C. on 6 January 2021 to protest the election results. The rally was purposely scheduled for the same day that Congress was to certify the Electoral College vote and timed to give the rally goers the opportunity to get to the Capital before the vote. He gave a roughly one hour speech where he exhorted the crowd to “fight like hell” to “take back our country” and repeating over and over that the election was stolen. He mentioned Vice President Mike Pence numerous times incorrectly claiming that the Vice President had the power to stop the Electoral College process. He then sent them on their way.
All of those efforts, and more, were thwarted by dedicated professionals in federal, state and local governments. The system worked! So, now, that means that the system must be changed so that next time, efforts by the ex-president, or someone like him, cannot be stopped. Since the beginning of the year, Republicans throughout all levels of government are hard at work to change the narrative (“nothing bad happened”) while insisting that the system still needs to be “fixed.” Many continue to openly push the Big Lie and to scheme to bring back the former guy.
It would seem that a 9/11 type commission should be empowered to investigate what happened leading up to the 6 January insurrection and to recommend ways to prevent it from happening again. Nothing could be more bipartisan — even non-partisan — than that.
Oh, I forgot.
175 House Republicans and thirty-five Republican Senators (aka the Sedition Caucus) voted against a commission to investigate the attack on 6 January. For that matter, twenty-one House Republicans voted against awarding the Congressional Gold Medal to the police officers that protected them from the insurgents. Some Congressional Republicans continue to push the absurd assertion that it was just a regular day at the Capital and that those rioting inside the building were just “normal” tourists. This comes on top of the 121 House Republicans and six Senate Republicans that voted to overturn the 2020 election by decertifying the results of the Electoral College.
The Big Lie continues to be pushed hard and the never ending explanations for the attack on the Capital now include the preposterous proposition that it was the FBI that instigated and directed the insurrection.
The Grand Old Party is not so grand anymore. Most of its members no longer care about supporting the Constitution or about looking out for the country’s interests. They only owe their allegiance to one man and appear to be signaling to him that it is okay for the ex-president to assault our democracy once again.
Republican legislatures are working over-time around the country to disenfranchise as many voters as possible. Worse than that, they are not just working to suppress the vote, but they have enacted measures to make sure that if their suppression efforts fail, they can ignore the will of the voters and choose winners and losers on their own.
The former guy still will not acknowledge that he lost and is enamored of the idea that he will be “reinstated” in August. The fake audit in Arizona is trying to prove that tens of thousands of ballots in Maricopa County (Phoenix) were shipped in from China by “analyzing” the ballots for bamboo shoots in the paper. (We’re still in the Zone.)
At the same time, it was just revealed that during the last administration DOJ subpoenaed the personal computer and phone records for reporters for CNN, The Washington Post, New York Times and for two members of the House Intelligence Committee. Representatives Adam Schiff (CA) and Eric Swalwell (CA) and their aides’ and families’ records were secretly obtained from Apple. DOJ put a gag order on all of those subpoenas. Those monitored did not find out about it until last month. At the same time that they were under the subpoenas, the then president was publicly calling for them to be arrested and put in jail.
In an attempt to right some of these ongoing wrongs, Democrats bought into Senator Joe Manchin’s (WV) effort to compromise on a bill to protect voting rights. His proposal includes many provisions desired by Republicans. None-the-less, before the proposal could even be analyzed, Senator Mitch McConnell (R-KY) declared that no Republican would vote for it.
Which leads me to ask, given the concerted effort to overturn our democracy and an expressed Republican goal of opposing President Biden’s agenda “100 percent”, why do Democrats continue to try bipartisan solutions to our nation’s problems when the Republicans just shut them down at every turn? By the way, of all of the state legislature attacks on voting rights, none of the new laws are bipartisan.
I have opined in this space before, in conjunction with the horrible effort to combat the pandemic and his general incompetence in office, that the ex-president could only screw it up as badly as he did by trying to screw it up. Thus, perhaps, he was actually a Putin agent. As he coerces and pushes his supporters to continue to devoutly follow the Big Lie and to tear our country apart, I come back around to that idea. Mr. Putin must be thrilled with what he sees happening in the U.S. He said as much during the run up to his summit with President Biden, including calling the 6 January insurrectionists “patriots” that are being persecuted by the U.S. government.
How did I miss the exit sign that said we were on the road to Crazy Town?
Most of us watched yesterday’s events in the nation’s Capitol with horror, dismay, and sadness. It was a terrible day for democracy. First, Trump loyalists in Congress worked to overthrow an election that was won by President-elect Joe Biden with over seven million more votes than the incumbent. That in itself was appalling. Yet, at the same time, and in an effort to overthrow the election and prevent Congress from certifying the results, the President of the United States committed treason by inciting his followers to riot at the Capitol. Not since 1814 when the British burned Washington D.C. during the War of 1812 has our Capitol building been assaulted and ransacked. This was no exercise in First Amendment rights, it was a full-fledged mob intent on deliberately wreaking havoc. These were domestic terrorists.
What did Trump do while the attack was underway? He posted a video hours after it began rehashing his alleged grievances, perfunctorily asking the rioters to go home and then closing by saying “We love you.” In other words, Trump was happy that they did what they did. His sidekick Rudy Giuliani also riled up the crowd by telling them that they needed to undergo “a trial by combat” at the Capitol. Not content with that bit of rabble rousing, the president’s sons Don and Eric also told the crowd to “stop the steal” and declared that “This is Donald Trump’s Republican Party!”
I want to know why they have not been arrested, the whole lot of them. They sent the mob on its way to do harm. Four people lost their lives in the melee. Those responsible need to be held accountable. The terrorists inside the Capitol were clearly proud of what they were doing. Most of them took selfies and videos of themselves. Others clearly knew that security cameras were capturing their actions. The FBI and other law enforcement agencies must track these people down and hold them accountable to the fullest extent of the law.
Trump must go. There is no way that he can remain as president. Between his criminal phone call to Georgia election officials and his speech yesterday that incited violence he has broken enough laws to be impeached or otherwise removed. The House could vote today to impeach him. All they need to do is play the tape from Saturday and his speech from yesterday and they would have all of the evidence that they need.
For those that argue he “only” has thirteen days left in office, I would point out that yesterday morning he only had fourteen days in office and we now know what havoc he can create without shame or remorse. He is a desperate man willing to do anything to keep from having to face the reality that he will be just another citizen in less than two weeks. As with any other citizen, he will be subject to prosecution for past and present crimes. He has a lot to worry about. He must be removed before his next attack on our democracy.
Equally despicable are Trump loyalists in the House and Senate that continue to defraud Trump’s supporters by challenging the validity of the election. The whole bunch should be fired but the pure naked, raw power play perpetrated by Senators Josh Hawley (MO) and Ted Cruz (TX) deserves special scorn. Even after Congress reconvened following the attack, they continued to challenge the results of the election in Arizona and Pennsylvania. I hope that the good citizens of their states hold them accountable. I trust that the other Senators will shun them. They deserve all of the scorn that can be sent their way.
Today there are members of Trump’s cult in the Congress and in the media (I’m looking at you Fox News) that are spreading more lies by claiming that the rioters really were not Trumpists. They claim that the rioters were “radical leftists” dressed up as Trump supporters to make them look bad. These Trump enablers will stop at nothing to install Trump as a dictator, otherwise there is no explanation for the scurrilous statements that they make. They continue to try and destroy our democracy. Lies, lies, and more lies. It feeds their narrative and undermines truth and authority. If you don’t know what to believe you can believe any old thing that suits your own narrative. The lies start at the top. Trump is now at about 30,000 provable lies since he took office. According to the Washington Post, he told 500 lies on the day before the election alone. He is an effective liar as well. If he knows nothing else, he knows how to tap into people’s fears and grievances and stoke them until a mob is willing to do his bidding. Even if it means overthrowing the government.
This raises another question. Why was security so lax when Trump had been promising for weeks that his thugs were going to do bad things in D.C.? Before the insurrectionists arrived at the Capitol building Trump had already given his marching orders to wreak havoc. Why wasn’t there a response to reinforce the flimsy, business as usual, deployment of law enforcement officers? It seems fishy to me. The rioters got into the building way too easily. I am not by nature a conspiracy theorist looking for things that do not exist, but given all of the circumstances it just does not ring true to me that the only explanation is that the Capitol Police were overwhelmed by the crowd. In individual cases I am sure that is true. My concern and suspicion is focused on the larger picture of why security was so lax. Where were the units from the Department of Homeland Security? Where were the National Guard members activated for the days surrounding the counting of the Electoral votes? Where were the Department of Justice special units, especially those from the FBI? There was no federal presence to prevent an attack and their response to the attack came several hours after the assault began.
Take any Black Lives Matter demonstration from this summer, including in Washington D.C. and you will see hordes of uniformed people from the “alphabet soup” of federal agencies with law enforcement officers, many of them trained in handling riots and urban violence. For the BLM marches there were rows upon rows of National Guard personnel deployed on the steps of the Lincoln Memorial, for example. Our Capital should be one of the most secure places in our country, and yet it was easily overrun by a mob intent on fomenting a coup. Could it have been because the rioters were mostly white “decent folk”? Anyone that wants to know why black lives matter rings true for most of our African-American neighbors, all one has to do is compare how the mostly peaceful demonstrations of the BLM movement were handled with how this mob was handled. Only fourteen arrests were made in the Capital. Watching the coverage on TV, I could see the police helping rioters up and down steps. There was just a more relaxed vibe and method for many of the police officers outside the building. It was different than the actions surrounding many BLM demonstrations. Which is to take nothing away from those officers inside the building that truly put themselves in harm’s way to protect the Members of Congress and the others that work there.
Here is my take away from yesterday’s events. Trump’s primary appeal, and certainly to those attempting the coup, is to those that believe white, Christian men should run the country. Period. All others are “outsiders” that may or may not be allowed to live in this country depending on whether they stay in line and acquiesce to those that “deserve” to be here. I was struck by the nonchalant attitude of those on camera. They were mostly at ease, relaxed and acting as though they owned the place. They showed no respect for the solemnity or symbolism of the halls, chambers and offices. Rather than “if you break it, you own it,” they seemed to have the attitude that because we own it we can break it. When you are supposed to be the rulers of the world, you can do pretty much anything that you want. It was that attitude that struck me the most. I am still shaking with anger and with sadness that one man and his lawless supporters can attack our democracy with impunity and without regard for the damage to our country that they are causing.
Trump has never been held accountable for any of his outrageous actions. He must be held accountable now. If the Vice President and the Cabinet fail to act under the 25th Amendment within the next 24 hours, then the House must immediately begin the impeachment process. I say this with a heavy heart as it will inevitably make a bad situation worse as his supporters will rally to his side and inflict violence across America. Unfortunately, Trump may cause that to happen anyway. Therefore, we cannot wait to take action. It is time for our national leaders in the government, the House and the Senate, regardless of party, to stand up for America rather than for themselves or a cult leader.
Our proud nation has taken a heavy blow. It will take action and time to recover. With the next president we will have a chance to heal and to restore sanity to our national discourse. The change cannot come fast enough for me.
What is it with the former Republican Party? Even as I write, they continue their assault on the foundation of our republic. Likely, this will cause permanent long-term damage to our country. Tens of millions of people in the United States think, thanks to the rantings of Donald J. Trump and the continued efforts of national Republicans, that last month’s election was riddled with fraudulent practices and was rigged in favor of President-elect Joe Biden. To what end is this lie continuing even as the Electoral College is preparing to cast the majority of their votes for Mr. Biden on Monday 14 December?
Mr. Trump is nearly out of legal moves to dispute the election and is moving on to illegal attempts to change the outcome of the election. In every sense of the word, he is attempting a coup. Within the past week he twice telephoned the Pennsylvania Speaker of the House to pressure him into calling a special session of the legislature to replace the duly elected Electors with a slate pledged to Mr. Trump. This is the third state that he directly and personally meddled with trying to get them to change the results or overturn them outright. (The other two are Michigan and Georgia.) Last night a leading Trumpist Senator Lindsey Graham from South Carolina went on Fox News to berate the Republican Governor of Georgia to “not sit on your a**” and to call a special session of the legislature to challenge Mr. Biden’s victory in the state.
To date, state officials, Democrats and Republicans, are holding the line, upholding the law, and refusing to cave to Mr. Trump’s demands. However, pressure is mounting on Congressional Republicans to challenge the Electoral College results when they are certified on 6 January 2021. Two Republican Congressmen say that they will challenge the results. Under the 12th Amendment and the 1887 law known as the Electoral Count Act, the word “certifies” is not well defined. It takes only one Representative and one Senator to object to certifying a particular electoral slate. The objection must be in writing and signed by each. The House and Senate then decides separately on how to resolve the issue via a vote. (Normally they confer and often use a Joint Committee to resolve any issues.) The last time a slate was challenged was in 2005 when there was an objection to Ohio’s electoral slate. The issue was debated and quickly resolved.
More foolishness came today when the Republicans on the Joint Congressional Committee on Inaugural Ceremonies refused to vote in favor of saying that the inauguration was for Mr. Biden and his running mate Ms. Harris. They argued that the process was still playing out and yet to be officially resolved. Texas Attorney General Ken Paxton filed a law suit today with the U.S. Supreme Court against Georgia, Michigan, Pennsylvania and Wisconsin claiming that those states “used the Covid-19 pandemic to justify ignoring federal and state election laws.” Over the weekend the Washington Post released the results of their survey of all 249 Republicans in the House and Senate asking if they accepted that Mr. Biden won the election. Only 27 said that they did. Two claimed that Mr. Trump won. The other 220 said that it was too early to say or refused to answer the question.
And on and on. What in the good name of democracy is going on? Why aren’t more people upset by this direct assault on our most fundamental right as American citizens? What inspires national Republicans to stay in this cult of personality and with unwavering loyalty bring down our democracy in the process?
I have heard a variety of explanations. They fear him, still, even as a loser. That he will run for president again in 2024 and they want to be on his good side. That if they don’t support him they will be “primaryed” by someone Mr. Trump supports. That they are letting him work through the various stages of grief until he realizes that he is a loser. There are lots of driveling excuses floating around. None of them make any sense any longer. Even if they did make sense once, c’mon man, it’s over! Let’s follow the norms and traditions that make this country great.
Reflecting on why we are in this situation it occurred to me that possibly, maybe probably, none of those answers trotted out by the pundits are accurate. There may be elements of truth in them, but that is not the main motivator of their abhorrent actions.
The real reason is that the true believers like what he is doing.
Some may be cynical in that they believe their own political self-preservation depends on Mr. Trump remaining in power. Others may have the same autocratic tendencies that Mr. Trump daily exhibits. Some may just believe that Democrats in government, all of them — every one — are so inherently evil that they have to do everything, and that means everything, in their power to stop them from taking over the government. Any end is better than that.
With that epiphany, it is not that the Republicans are afraid of Mr. Trump and have lost their spine. They are not. They want him to succeed. Think of that. One of the two major parties in our democracy would rather see an election overturned by unethical and un-American methods rather than give up power. Autocracy? They are down with that. For four years I have tried to figure out why they go along with absolutely every crazy thing this president does, even if it goes directly against everything they said they stood for in the past. The explanation was actually quite simple. They like it, they like the power they have, and they don’t want to give it up.
If they have learned anything from Mr. Trump, they have learned that if you have the power you can do anything. There really are no laws or Constitutional limits to what you can do if you are just nervy enough to do it. Who can stop the president? It turns out that if you just ignore subpoenas, hearings and inquiries nothing happens. Impeached? Who cares if you have a Senate that wants to keep you in power no matter what. Pack the Supreme Court? Sure. You need a little luck through resignations or deaths but if you are in charge you can set any rules that you want. Hand out pardons to your political cronies and dirty tricksters? No problem, no one can stop you. Staying in power is paramount. Once in power, you are in control. Of everything.
Here is where it gets scary.
The national Republican Party is selling the same bill of goods to their supporters that Mr. Trump is selling. There are millions of people in the country that are convinced that Mr. Trump will be sworn in as president on 20 January 2021. Convinced. As the Wisconsin conservative pundit Charlie Sykes said recently, the realization that Mr. Trump is no longer the president will be such a shock to their beliefs and world view that their actions will be totally unpredictable. We already had armed protesters over the weekend show up at the home of the Michigan Secretary of State in a pure move of intimidation. When the true believers realize that they have been lied to, they are not going to take it out on Mr. Trump. They will default to the Trumpian explanation that their votes were stolen, the election rigged and that democracy is dead. There are both short and long-term dangers in that explanation and the fact that millions of people will believe it.
Add to that sweet mixture the many white nationalist groups that have long had a goal to start another American Civil War. This could be their pretext to take to the streets. There is a clear and present danger from domestic enemies willing to foment violence. That would give openings for our foreign enemies to take advantage of the situation. It is a dangerous time. It is not a game that those Republicans supporting Mr. Trump’s lies are playing. They are playing with fire. I am very concerned that real people will be injured or killed as Mr. Trump continues to incite violence in barely disguised rhetoric as he continues to live in fantasyland.
Is such a scenario inevitable? I think not. The rule of law and the Constitution can still prevail. My concern is that Mr. Trump is becoming increasingly desperate and cares not a whit about democracy or the country’s well-being. Therefore, it is well past time for Senate and House Republican leaders to state the obvious. Make clear and unambiguous statements that the system worked, it was tested in the courts, the law was upheld, and the results of the election are undisputed. Unless they do that, Mr. Trump and millions of Americans will think that they were robbed.
Events unfolding around the country are the previews for coming attractions, and it won’t be fun. To look at what is happening in Portland Oregon one might see a trial run for more such activity — currently announced for, or underway in, Kansas City, Chicago and Albuquerque.
Going forward, remember that this is all right from the autocracy 101 hand book. I will explain my thinking in this piece, but two major things are happening. One is that Mr. Donald J. Trump is trying to get video to support his campaign claim that the cities are out of control and that “only I can fix it.” Second, and far more ominously, he is laying the ground work for declaring martial law leading into the election. Mr. Trump and his campaign know that he cannot win solely through the support of his base. He needs to keep people from voting for his opponent — voter suppression — and one way to do that is to intimidate the electorate and to make it too hard to vote. It is an election strategy that comes at the expense of American cities and their citizens. It threatens the very foundation of our democracy.
As a reminder, federal law enforcement units in full combat gear have been on the streets in Portland for about ten days. Theoretically, they are there to protect the federal court house from protesters. In fact, they have been patrolling the streets of the city picking up people that look like they might be willing to foment trouble. Let’s dive into this further.
The federal government has a duty and a right to protect federal property from destruction. In cases such as the court house in Portland, this would normally entail coordinating with the local city and state authorities for a cohesive plan and would amount to a defensive — rather than offensive — effort to keep trouble makers away. None of this is happening. There is no apparent coordination with local authorities — indeed the mayor and governor have explicitly asked those forces to leave — and they are definitely using offensive tactics with rubber bullets, tear gas, pepper spray and other agents against the crowd. To be sure, there are trouble makers in the ranks of the protesters. However, the vast majority are peaceful. Additionally, with proper techniques and coordination, peaceful protesters are likely to cooperate in identifying the bad apples in the crowd as it is in the best interests of the other protesters to keep it peaceful and to not provoke an over reaction by law enforcement. By all credible accounts, after weeks of protests, the demonstrations in Portland had settled into a peaceful occasion and were slowly dwindling in size. That is until the federal authorities arrived and began using their storm trooper tactics. In military combat gear, the federal authorities wear no name tags or unit identification badges, only a small generic “police” tag on their camos. Reportedly, they are from the Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) agencies of the Department of Homeland Security (DHS). One might ask who is guarding our borders from the supposed hoards coming across from Mexico if they are in Portland? One might also ask what training these particular agencies give to their agents regarding community policing?
If you think it is an exaggeration, look at this video of a Navy veteran trying to talk to some of the agents and getting beaten and pepper sprayed while not even raising his arms or making any threatening movements.
All of this on its own is bad. Very bad. But it portends worse things to come. Remember Mr. Trump’s words earlier this week.
“I’m going to do something, that I can tell you. Because we’re not going to let New York and Chicago and Philadelphia and Detroit and Baltimore and all of these — Oakland is a mess. We’re not going to let this happen in our country. Look at what’s going on — all run by Democrats, all run by very liberal Democrats. All run, really, by the radical left.”
So, first of all, only Democrat mayors are “bad.” Secondly, there are currently no violent demonstrations in Philadelphia, Detroit or Baltimore or other cities he is going to “dominate.” This is pure, unabashed partisan politics using federal law enforcement agencies for his personal gain.
Additionally, the hypocrisy is all too familiar. The rationale behind the Portland deployment is to protect against citizens expressing their First Amendment rights on federal property. In 2018 Mr. Trump gave full pardons to two Oregonians — father and son — that set fire in 2016 to 139 acres of federal land during Red Flag Warning conditions, endangering firefighters working on another fire nearby. It resulted in a 40 day armed occupation of the Malheur National Wildlife Refuge by protesters supporting their cause. He considered these men to be patriots. Peaceful protesters in cities are considered to be criminals.
As I have written in this space before, I was very involved in figuring out Saddam Hussein’s next moves during Gulf War I. We figured out after awhile that he pretty much always announced what he intended to do. He couldn’t always carry it out, but he was pretty straightforward in his pronouncements. Mr. Trump is the same way. He announces exactly what he plans to do.
Here is the diabolical back drop to his strategy. In my 8 May piece “American Carnage” I wondered aloud about how Mr. Trump could have so badly botched the national response to the pandemic and opined that perhaps it was deliberate. I am now sure of it. He did not create the pandemic, but he is going to use it to his advantage. Similarly, he will use the Black Lives Matter movement to declare that they are terrorists working to destroy America. He already barely hides his racism in this regard. Yesterday in a speech he blamed Mexico (again) and the BLM protests for the spread of the Coronavirus in the South and Southwest. He repeatedly declares that if the Democrats win the election, they will “destroy the suburbs,” a not-so-subtle racist canard.
Many pundits and political experts, as well as average citizens, have wondered for weeks and months why Mr. Trump refuses to put forward a national effort to halt the pandemic and to address racial injustice. It dawned on me yesterday that as former Maryland Lt. Governor and National Republican Chairman Michael Steele explained on TV yesterday — this is his plan. In other words, he will use the chaos currently engulfing our country to his advantage. He will trot out again his beliefs that the the Constitution gives him “absolute power” and that “I alone can fix it.” These will form the basis for action on his part to interfere in an election that he is already claiming — nearly daily — is rigged. He is against mail-in ballots (even though he, his family, many of his aides and many service members vote by mail) and has installed a long-time ally as Postmaster General. Mail bags mysteriously disappearing? Mail trucks mysteriously bursting into flames? The imagination can run wild.
The point is that we will not succumb to an outright coup on his part. It will be gradual with incremental decisions and policies that set the stage for him to declare the election invalid and that he must stay on to save the country. He is on record multiple times, most recently in his Fox News interview with Mike Wallace, that he will not accept the outcome of the election if he thinks it’s rigged. Asked directly if he would accept the results he said,
“I have to see. Look — I have to see. No, I’m not just going to say yes. I’m not going to say no.”
Since many of the states will use mail-in ballots, it could be days or weeks before the official results are in. If the election is close as the polls close on Election Night, and the results change dramatically against Mr. Trump when the absentee, provisional and other ballots are counted, he could well declare the entire election a fraud and cancel it. He is on record with the 2018 Florida election — which was very close and looked as if it would go against his preferred candidates — as saying that only ballots counted on Election Day should be valid. He tweeted without offering a single piece of evidence,
“The Florida Election should be called in favor of Rick Scott and Ron DeSantis in that large numbers of new ballots showed up out of nowhere, and many ballots are missing or forged. An honest vote count is no longer possible — ballots massively infected. Must go with Election Night.”
Rick Scott and Ron DeSantis both won their races.
We already know that Mr. Trump will do anything that benefits him. There is no ethical, moral or legal bottom for him. He now has an Attorney General that acts as his personal attorney and shares Mr. Trump’s belief in an Imperial Presidency.
The U.S. military put Mr. Trump on notice after they were used in a political stunt at Lafayette Square in Washington D.C. for his bible thumping campaign photo op that they would not be used for political purposes. Thus, Mr. Trump went to his flunkies in DHS (the top position and most of the sub-agencies are headed by “acting” leaders that do not have Senate approval) in order to create his own personal police force to pursue his personal goals.
Some may think that this is a “Chicken Little” scenario. Alarmist. Couldn’t happen here. That’s not America. Stop hyperventilating. No way. I hope that you are correct. Personally, I am watching out for our “Reichstag Fire” moment.
Several events last week disturbed me to my core as I realized the depths that Mr. Donald J. Trump and his administration will go to protect him from the rule of law and any sort of accountability. One of the prominent warning signals came in the form of Attorney General William Barr’s testimony before the Senate Judiciary Committee. In case you missed the live broadcast of his appearance, I will point out that it was not just what he said in response to questions but also how he said it. He was clearly annoyed that any Senator would question his decisions or his power as the head of law enforcement in the United States. Perhaps more chilling was his unadulterated and unabashed pro-Trump posture. He is no longer the Attorney General of the United States, or even the attorney charged with protecting the presidency as an institution. He clearly and forcefully defended Mr. Trump, the man, and not the president, the office.
Among many startling elements of A.G. Barr’s comments regarding the Mueller Report are what I see as the three most egregious points:
- The most troubling and news worthy defense of Mr. Trump by A.G. Barr was his insistence that the president is above the law. You read that correctly. In response to a question on obstruction of justice — and the fact that if Mr. Trump was successful in carrying out the obstruction, then that could be the reason that no conspiracy to work with the Russians was proved — Mr. Barr stated that under the Constitution the president has the authority to oversee investigations (including those involving the president) and therefore has the authority to shut them down. Thus, there can be no obstruction even if the president stops an investigation into himself because it is within his power. He further argued that this is especially true if the president thought the investigation “was not well founded” or “groundless.” The president has the ability to declare it so. “The president does not have to sit there, constitutionally, and allow it to run its course.” And there you have it. All the president has to do is say that there is no reason to investigate him and then no one can investigate him. (I assume a “hoax” is “not well founded.”) The Attorney General believes the president is above the law. (For info, Article I for the proposed impeachment of Richard Nixon was obstruction of justice.)
- The second most troubling aspect of A.G. Barr’s testimony is that he waffled mightily in response to a question as to whether the president or any one else at the White House asked him to investigate others. The context was a section of the Mueller Report that indicated Mr. Trump pressured the Department of Justice (DOJ) to re-open an investigation of Secretary Hillary Clinton and others of Mr. Trump’s political opponents after the election. He finally answered “I don’t know.” Right. (As Senator Kamala Harris (D-CA) pointed out, that’s not something one might forget.) It used to be a bipartisan agreement that a president using his office to investigate a political opponent on purely political grounds was an abuse of power (Article II of those brought against Mr. Nixon).
- The third most troubling comment was the confirmation by A.G. Barr that Special Counsel Mueller objected to the characterization of his report put forward by Mr. Barr on 24 March. In his statement summarizing the results of the Report he claimed that Mr. Mueller found no criminal evidence of conspiracy or obstruction. When the report was finally released, we found that was not true. Mr. Mueller wrote to Mr. Barr three days after his March summary to object to the characterization of his work. “The summary letter the Department sent to Congress and released to the public late in the afternoon of March 24 did not fully capture the context, nature and substance of this Office’s work and conclusions.” Some Senators think that Mr. Barr lied in his previous testimony when he said that he had not heard any objections from Mr. Mueller when in fact he had already received and read the letter.
There were more, but then you can read it for yourself.
Let’s put a few more developments from recent days out there to paint a picture. Consider the following:
- In an on-air discussion with Sean Hannity of Fox News Mr. Trump said of the Mueller Investigation, “This was a coup. This was an attempted overthrow of the United States government.” Incredibly — although I don’t know why I continue to be surprised — Representative Kevin McCarthy (R-CA), the House Minority Leader, used the same word in response to a reporter’s question.
- The Trump Administration asserted that it will fight or ignore any House subpoena. They are also going to court to stop subpoenas of other entities where Congress is seeking information about the president and possible financial ties to other governments or foreign entities. “We’re fighting all the subpoenas.” (Contempt of Congress — refusing subpoenas — was Article III of those against Mr. Nixon.)
- Mr. Trump still does not acknowledge Russian interference in the 2016 election. According to the Mueller Report there were 251 contacts between Trump campaign officials and Russian-connected operatives including 37 meetings in person or via Skype. At least thirty-three campaign officials and advisers held the meetings or were aware of such meetings. Recall that the Mueller Report concluded that “the Russian government interfered in the 2016 presidential election in sweeping and systematic fashion.”
On Friday, Mr. Trump and Russian Federation President Vladimir Putin held a nearly ninety minute phone call. Mr. Trump did not confront Mr. Putin about the attacks. President Obama may have been asleep at the switch and not done all that he could as his administration learned the breadth and depth of Russian intrusion, but he did talk directly to Mr. Putin to warn him against further meddling. He also imposed sanctions against Russia (which are the ones that presidential adviser Michael Flynn got into trouble over for calling the Russian Ambassador and saying that Mr. Trump would lift them). President Obama also expelled 35 Russian diplomats from the US and shut down two of their facilities in the US. Yet in his ninety minute conversation with Mr. Putin, Mr. Trump did not even bring up the Russian actions except to say that he and Mr. Putin did not collude and Mr. Putin should know because he was the one who was supposed to have done it. They then agreed that it was a hoax. You can’t make this stuff up.
So what does all of this mean?
When taken in their totality it means that we have a president with no boundaries, no oversight, and no sense of what is right. Mr. Trump still has not been held accountable for any of his outrageous actions and must surely think that the preponderance of evidence indicates that he never will be. Most certainly not by the Republicans in the Senate and not by the Attorney General. In fact, should someone, somehow initiate proceedings against the president, we already know that his A.G. says he can shut it down because, well, just because he can if he wants to.
It is also clear that Mr. Trump will not take Executive Action to stop Russian interference in the 2020 election. Although various agencies are working to shore up our defenses, there is no national level coordination and planning under way to prevent further meddling. Indeed, Mr. Trump and others in his administration implied that he would take their help again in 2020.(Russia if you’re listening…)
I think that the evidence above also indicates the Mr. Trump believes that the purpose of the federal government is to do his bidding and therefore he will not hesitate to use the full power and strength of the U.S. government to take down his political opponents. Apparently he will do so with the willing acquiescence of the A.G. and Republicans in the House and Senate.
Talk of coups really scares me. Do the president and the leader of the Republican Party in the House really think that the Mueller Investigation was an attempted coup? Stop and think about that for a moment. Anyone that threatens this president’s sense of well-being is a direct threat to him. Really? A coup? If they actually believe that then there is nothing he will stop at to prevent losing his power. And who will stop him? The House is being ignored (A.G. Barr won’t even show up to testify about the Mueller Report and his role in its release). No oversight there. The Senate trembles in its boots that one of their Republican colleagues will be the subject of a nasty Tweet. No oversight there. The Attorney General is now the personal defense attorney for Mr. Trump. No oversight there. The fix is in.
How far will he go? Declare martial law for some other self-created crisis? Nullify a close election he loses? Suspend the election because he Tweets out that the Democrats are attempting a coup? I am not sure what he is capable of doing.
Do I sound like a wing nut conspiracy dealer with too much time on his hands? I hope so.
And yet, the things I’ve mentioned above happened in only a matter of days. In other administrations, Republican or Democrat, there would be a major reaction to such a clear threat to our norms and national well-being. Sadly, most people just dismiss it as business as usual.
One theory floating around is that Mr. Trump and his advisers and supporters in Congress are pushing the Democrats in the House as hard as they can so that they are left with little recourse except for impeachment. Improbably, the Republicans think that an impeachment proceeding against Mr. Trump will help his approval ratings and “guarantee” his re-election in 2020. To them there is no down side as they know that the Senate would never convict him of the Articles of Impeachment. If that is the plan, how much further will the administration overflow the banks of good government to create a flood of institutional indignities to force the issue?
I worry that we are in the midst of the creeping destruction of our Republic. It is taking place in slow motion and in public so that most people who are rightly concerned with the day-to-day effort of just going to work, to school and of trying to keep food on the table don’t see it. Like everything associated with this president, it is hiding in plain sight.