Deadly Serious Nonsense

Two days later, more stories are coming out about the terror his supporters inflicted on Washington, D.C. Reporters and photographers, doing their job, documenting the scene, were particular targets. A few of the criminals who had such a gleeful time this week are finally, slowly, being arrested. A Capitol police officer has died of his wounds, while three of his bosses have resigned in disgrace.

Dan Zak of The Washington Post writes about that day:

On Wednesday, during its season finale, the Dxxxx Txxxx Show finally leaped off the screen and into the laps of the people in power. The finale started with Republicans in Congress debasing themselves to soothe the wounded ego of the main character, the man who is vandalizing their party and their legacies, the man whose family is prolonging a grift disguised as a chintzy brand of fascism that many people are taking very, very seriously — so seriously, in fact, that an army of delusional insurrectionists sacked the U.S. Capitol as legislators were engaging peacefully, if disagreeably, in the transfer of presidential power.

“If this election were overturned by mere allegations from the losing side, our democracy would enter a death spiral,” said outgoing Senate Majority Leader Mitch McConnell (R-Ky.) around 1:30 p.m., finally breaking with President Txxxx and his remaining enablers, who were objecting to counting the electoral votes from several states. Within an hour, the presiding officer’s chair in McConnell’s beloved institution was occupied by a bare-chested, face-painted hooligan who wore horns and animal pelts and believes that Txxxx is a god-king sent to vanquish phantom traitors and baby eaters.

It was a day of profound national humiliation, and it had been coming for a while.

A plurality of Americans voted against Txxxx in 2016. A majority voted against him in November. His incendiary behavior was tolerated, excused, ignored; there was his feeble response to the neo-Nazi march in Charlottesville, the programmatic hatred of his countless rallies, the storming of the Michigan Capitol last year after his indirect encouragement. And now his extremist followers were allowed to lay siege to a building that hadn’t been molested since 1814, when the British burned the Capitol in the name of their own god-king.

Some people who could have spoken up long ago finally found their voice.

“Today’s tyranny, an effort to subjugate America’s democracy by mob rule, was fomented and directed by Mr. Txxxx,” said Jim Mattis, Txxxx’s first secretary of defense. “His effort to destroy trust in our election and to poison our respect for fellow citizens has been enabled by pseudo political leaders whose names will live in infamy as profiles in cowardice.”

Mattis predicted that Txxxx will be “a man without a country.”

He will not, however, be a man without a following. The violent insurrectionists, bedecked in the name Txxxx, scaled and smashed their way into the Capitol, stalked and chased police officers up marble staircases, looted and ransacked members’ offices, ascended the dais in both the House and Senate for the perverse photo op. Members of Congress were hurried to undisclosed locations as staffers ducked in the galleries and prayed. . . .

It was all nonsense, and it was deadly serious. It was a furious pageant in which people were injured and killed. It was Washington turned into the Roman Empire by way of Atlantic City: corrupted, bankrupted, prostituted by Txxxx for a self-mythologizing spectacle and a quick buck. . . .

TV anchors, agog, kept saying they could not have imagined this. Politicians, bunkered, released statements of shock and outrage. They had not been paying attention. For some people — immigrants, Americans of color — the Dxxxx Txxxx Show was never just a show.

For the privileged, the past four years have seemed like shock-jock entertainment. Sometimes it was funny. Sometimes it was unbelievable. For the party in power it was an opportunity to laugh, to fret casually, to fundraise, to confirm some judges, to fast-track a career as a toadie or a righteous scold. Now, as the Capitol’s security gave way, the bitter reality of America’s civic tragedy finally materialized in the “citadel” of democracy, as Biden referred to it in a brief, somber statement.

Long after things got ugly, Txxxx released some tweets, as well as a video from the Rose Garden, addressing the monster he had brought to life.

“We love you,” he told the violent insurrectionists.

“You’re very special,” he told the violent insurrectionists.

“Remember this day forever!” he told the violent insurrectionists. . . .

Txxxx’s incitements had been heard loud and clear elsewhere, too. In Olympia, Wash., a mob stormed the gates of the governor’s mansion. In Atlanta, Georgia’s secretary of state was evacuated from his office. In Denver, the mayor ordered city buildings closed. Outside the U.S. Capitol the insurrectionists waved JESUS flags, erected an executioners stand with a noose, carried a sign that said “PELOSI IS SATAN,” wore clothing that invoked Nazism. . . 

Many of the insurrectionists were young men spoiling for a fight, adrenalized by chaos. During the campaign, Trump had told people like them to “stand back and stand by,” and then, after he lost the election, urged them to come to Washington on the day Congress was slated to make that loss unsalvageable. On Wednesday, with his family, he lit their fuse and retired to the West Wing to watch the explosion on television. . . .

As night fell, and the Capitol was retaken, . . . the insurrectionists moved westward and were allowed to violate a 6 p.m. city curfew, in stark contrast to the Black Lives Matter protesters who were assaulted by law enforcement here over the summer. Under the supervision of SWAT teams, the House and Senate reconvened to carry on their disrupted formality. . . .

Senators made sanctimonious speeches about rules, about comity, about how “this is not who we are,” as if what had just happened had not happened at all. . . .

The Trump Show resumed, with supporting characters auditioning for the lead role. Sen. Josh Hawley (R-Mo.) doubled down on his objection to counting Pennsylvania’s electoral votes. (Back in his home state, the Kansas City Star’s editorial board had already written that he had “blood on his hands.”) . . . 

Just past 3:30 a.m., Congress finished its work. “The report we make is that Joe Biden and Kamala Harris will be president and vice president,” announced Sen. Amy Klobuchar (D-Minn.). Now there was a standing ovation in the House chamber. Pence responded that this was a “sufficient declaration.” He then handed things off to the chaplain for a prayer.

“We deplore the desecration of the United States Capitol building, the shedding of innocent blood, the loss of life and the quagmire of dysfunction that threaten our democracy,” prayed the Senate chaplain, Barry Black. “These tragedies have reminded us that words matter and that the power of life and death is in the tongue.”

Why Try to Get Rid of Him Now?

He is scheduled to be removed from office 13 days from now. Any attempt to strip him of his powers would require a number of Republican officeholders to agree. Given the nature of almost all Republican officeholders, it’s unlikely they would cooperate. But there are reasons to make the effort anyway.

First, it’s the right thing to do. Heinous actions should have consequences, either as retribution or as a way to limit future bad behavior.

Second, it reminds everyone that the federal government has procedures in place to deal with presidents who are unfit. Following those procedures when appropriate emphasizes their reality. It gives them weight.

Third, a failed attempt would show the public which Republican officeholders refused to do the right thing. Most of us already know who is likely to resist removing this particular unfit president, but it’s worth making their refusal public knowledge, making it clear to even more of us that they shouldn’t be given the benefit of the doubt or entrusted with responsibility in the future.

Finally, it’s possible that the attempt to punish this president would succeed. Since the president incited a riot that endangered Vice President Pence and members of his family, in addition to all the other people who were put at risk, and furthermore called Pence disloyal and weak when he failed to engineer a coup, the vice president might conceivably get a majority of the president’s cabinet members to approve the use of the 25th Amendment, making Pence the acting president until January 20th. If Democrats in the House of Representatives impeach the president again, as they seem likely to, roughly 17 of the 50 or so Republican senators, including Majority Leader McConnell, might conceivably agree to convict him and bar him from ever being president again.

This is why it’s encouraging that leading Democrats. a few Republicans and other observers have called for action against this incredibly unfit president, unlikely as it may be.

Get Rid of Him Now and Stop Him from Coming Back

Two law professors explain why it’s necessary to sideline the president, impeach him, convict him and prevent his return: 

After a mob incited by President Txxxx stormed and occupied the Capitol, American democracy needs protecting now — and not just now but in the coming weeks and years as well.

There are reports of preliminary discussions within the administration about invoking the 25th Amendment, a provision in the Constitution that provides a process to declare a sitting president no longer capable of fulfilling his duties. Another call is coming from a surprising source: The National Association of Manufacturers, not normally an organization known for this kind of political activism, said that Vice President Mike Pence “should seriously consider working with the cabinet” to invoke the amendment to remove President Txxxx and “preserve democracy.” People are invoking the 25th Amendment on the grounds that Mr. Txxxx is not fit to hold office and incited the chaos that unfolded on Capitol Hill — and may unfold again.

There are also calls from a number of Democratic representatives to impeach and remove the president . . .

The magnitude of the current crisis calls for both of these measures. The threat the president poses to our democracy is not short-lived and must be cut off urgently and decisively — before it leads to even greater degradation to American democratic processes and traditions. It will need to happen quickly, even with other demands pressing on our country’s leadership . . .

To do this, the cabinet and Congress must deploy the 25th Amendment and impeachment in sequence.

First, Vice President Pence and a majority of the cabinet should invoke Section 4 of the 25th Amendment in order to make a declaration that Mr. Txxxx is “unable to discharge the powers and duties of his office.” This would immediately suspend, but not remove, Mr. Txxxx from the exercise of his presidential duties and appoint Mr. Pence as acting president. The 25th Amendment would not and should not be used as a lasting solution in a case of this kind, but rather as a temporary measure to sideline a demonstrably unfit and dangerous actor who is fueling anti-democratic action.

Second, the House should quickly draw up and pass articles of impeachment. And then the Senate should hold a fair — but immediate and efficient — trial both to remove President Txxxx from office and, as important, to disqualify him from serving in public office in the future. Precedent suggests that the Senate would likely need to hold two separate votes on removal and disqualification, although the disqualification vote may require only a simple majority to be approved, as opposed to the two-thirds vote necessary for removal from office.

Disqualification is necessary given Mr. Txxxx’s anti-democratic response to the 2020 election and the continuing danger that he will pose to constitutional norms if allowed to flirt with a return to power in 2024. Indeed, the importance of disqualification in this case is such that the Congress should proceed with impeachment even if Mr. Txxxx’s term in office has already concluded.

A public vote and rapid trial in the Senate would give much-needed legitimacy to actions to remove Mr. Txxxx from office. By forcing Republicans to stand up for democracy and against the president’s actions, it would also reaffirm bipartisan support for the fundamental principles of American democracy. Further, while the 25th Amendment is intended mainly for illness or other objective incapacities, impeachment offers an appropriate moral response to the president’s conduct, including incitement to violence and attacks on basic democratic norms.

Why do this with only about two weeks left in President Txxxx’s term? Because we must defend our democracy for all Americans, now. And we must preserve our democracy for future Americans. . . . And we must reassure the world, and especially would-be authoritarian regimes, about what United States policy will be on questions of freedom and self-rule now and in the future.

The Constitution does not protect against every threat currently facing our democracy. But it contains a range of useful safeguards. And it is high time to deploy them — with urgency.

Unquote.

Unfortunately, “some [Democratic] members fear that impeachment might trigger another violent episode”. The Republicans have the Sedition Caucus; Democrats have the Fear Caucus.

Mike Pence and Some Friends Can Quickly Remove Trump If They Want To

The 25th Amendment to the Constitution is a way to quickly replace a president who cannot or will not do his job. Vice President Pence could become Acting President tomorrow if a majority of the Cabinet agreed. 

Hoping for courage from Pence or members of the Cabinet is probably a waste of time, but, according to CNN, “some Cabinet members are holding preliminary discussions about invoking the 25th Amendment”. 

A law professor at the University of Michigan wrote a book about the amendment and has been discussing it on Twitter. Here’s how it would work. Pence would initiate the process. He would need 8 of the 14 members of the Cabinet to agree that Txxxx should be removed. At that point, “the president is stripped of his powers and the Vice President becomes Acting President”. 

If the president agrees he’s unfit, Pence has the job until Joe Biden takes over on January 20th. 

Assuming the president doesn’t agree to relinquish his job (a safe assumption in this case), Pence and the cabinet have four days to respond. If Pence became Acting President on January 7th, therefore, he and the Cabinet wouldn’t have to do anything until January 11th. At that point, they’d either have to reinstate Txxxx or declare again that he’s unfit.

Saying again that Txxxx is unfit would immediately turn the matter over to Congress. Congress would then have at least 21 days to debate the issue, while Pence would still be Acting President.

Fortunately, Joe Biden would be president after 10 days, so Congress could let the clock run out on the worst presidency in history without taking a vote.

Reporters are quoting anonymous sources in the administration who say the president is delusional or out of his mind. Of course he is. Pence is already on the maniac’s enemies list for doing his job earlier today as Congress began adding up the electoral votes. After watching this president incite right-wing insurrection, maybe he and a group of his associates will finally agree with a majority of Americans that we can’t wait for this president to go.

Note: Here’s the 25th Amendment flowchart Prof. Brian Kalt included in his book.

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Terrorists announce attack on Washington. Federal police agencies allow it to happen.

This was published in The Washington Post yesterday:

Talk of guns and potential violence is rife on the encrypted messaging app Telegram, the conservative social media site Parler and on thedonald.win, an online forum that previously operated on Reddit before the company banned it in June after years of racism, misogyny, anti-Semitism and calls for violence.

Trump’s tweet last month pushing baseless fraud claims and promoting the “big protest” on Jan. 6 — “Be there, will be wild!” — has become a central rallying cry. It was the top post on thedonald.win Tuesday morning, and anonymous commenters saw it as a call to action: “We’ve got marching orders,” the top reply said.

Discussion in the thread followed about how most effectively to sneak guns into Washington, laced with occasional references to using them. . . .

Of carrying guns in D.C., one poster in the thread wrote, “Yes, it’s illegal, but this is war and we’re clearly in a post-legal phase of our society.” Wrote another: “LIVE AS A FREE AMERICAN AND BRING YOUR ARMS!”

Unquote.

Here are some of the federal police agencies that could have protected the Capitol building today, but weren’t around:

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But if you’re a White male terrorist from the radical right, possibly heavily-armed, you have privileges the rest of us don’t. Much of Trump’s administration is on their side. So are many police officers. The U.S. Capitol Police failed miserably. They apparently didn’t ask for assistance from other agencies, even though the likelihood of an attack was public knowledge. 

In striking contrast, scenes at peaceful Black Lives Matter protests in Washington this year:

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