A real constitutional crisis is well underway

I was hoping Trump’s defeat would lead to the death of the Republican Party. Obviously that didn’t happen. It is fair to say that the Republican Party is basically the Trump Party now, so in that sense it is dead. Ronald Reagan, for example, would not recognize the party, although he did much to put it on its present course. Its mission now is to echo whatever Donald Trump says and to remove if possible the few remaining Republicans who dare to criticize him. It’s unstated but obvious mission is to end democracy in the United States leaving only Republicans in charge.

Since Trump’s defeat, the party’s behavior has been truly appalling. They will leave no stone unturned in their quest to regain power, but it must be on their terms. They have tacitly conceded that they cannot win power fairly, so most of their effort is to ensure it is won unfairly.

Many of the prerequisites have been long in place, in particular the extreme right-wing bent of the federal courts. Most of their focus is on voter suppression of those they don’t want to vote. But many states are passing laws that make it impossible for election officials to do their job. Among these is to charge these officials with felonies if they send out an unsolicited absentee voter application or leave an absentee drop box unguarded. Georgia has given the state legislature permission to remove local election officials, or simply to overturn the results of the popular vote for the presidency if they don’t like the outcome. None of these actions are in the democratic spirit, but are signs of desperation for a party for whom losing power fairly is no longer an option.

January 6 should have been the acme of their awfulness. Now it appears to be the first true skirmish of our next civil war, like lobbing the first cannon ball at Fort Sumner. They appear willing to kill democracy to save it for themselves. Basically, it’s a party of traitors. Now the rest of us have to figure out what to do about it.

Legislatively, the answer is H.R. 1, the For the People Act. It would prohibit exactly the sorts of legislative excesses we are now seeing, including gerrymandering and voter suppression. Getting it enacted into law though is a very tough job for Democrats. It currently would need to pass cloture in the Senate, which means it would require sixty votes to end debate on it and bring it to a vote. With a 50/50 Senate, that won’t happen unless Democrats either find the spine to end the filibuster rule or make an exception in this case. Without it, the likelihood is that Republican election law changes in many states will give the party the wins they need to retake the House in 2022.

These other laws tilt the 2024 presidential election in their favor too, even more than it already is. Assuming President Biden runs for reelection, he would need a commanding victory. So far at least with his popularity at 62%, that at least seems plausible. Of course, a lot can happen in the interim, and you can count on Republicans in Congress to do just this. Senate Minority Leader Mitch McConnell has said his focus is just to obstruct every Biden initiative.

None of this matters if you rig the system. If Republicans regain their House majority, the next January 6 (actually January 8, 2025) won’t require an insurrection for Republicans to get a Republican president regardless of the Electoral College vote. They simply have to stand united and refuse to certify the results, which then allows the House to decide who the next president will be. In this scenario, the representatives of each state cast one vote as a bloc, so if a majority of states have a majority of Republicans representing them in the U.S. House of Representatives, they get to overturn the Electoral College and the popular vote.

As for presidential elections in 2028, 2032 etc., simply repeat. This is clearly where the party is going. They don’t intend to ever lose again and if it kills democracy in the process, so be it.

To change the way a president is selected would require a constitutional amendment. Good luck getting that passed by three-quarters of the states. There is some hope if the National Popular Vote Interstate Compact get passed by enough states, but that has stalled in recent years. Perhaps Democrats should focus their effort there.

In short, this is a four-alarm fire for our democracy. If we weren’t in a constitutional crisis before, clearly we are now. Fixing the problem looks increasingly unlikely.

Now Republicans no longer believe in republicanism

I can understand if Republicans have an issue with the democracy thing. True democracy is direct rule by the people, which you can still find here in many towns here in New England. Those who show up at the town meeting get to vote on pressing local issues, which around here include weighty matters like whether to buy a new backhoe for the Town of Hadley.

Democracy won’t work on the national level, so our government was formed as a republican (representative) democracy. In a republic, democracy becomes indirect. You elect someone who reflects the will of the majority of voters (or a plurality, in some cases) in the district or state.

Democracy and republicanism are so fundamental to our country that our two major parties are the Democrats and the Republicans. Based on many egregious actions by state houses in Republican-controlled states though, the Republican Party no longer believes in its presumably founding principle: the virtue of a republican government.

Granted there’s been plenty of evidence this is true for many decades. It’s resulted in voter suppression laws and gerrymandered districts. All have one aim: to minimize the number of people Republicans don’t want voting and the power they could wield.

In Georgia though Republicans went crazy. A new law signed in by their Republican governor includes these way over-the-top voter suppression efforts:

  • It’s now illegal to give food and water to voters waiting to vote, a practice only made necessary because the state reduced polling places in minority precincts
  • It allows unlimited challenges to voter registrations
  • Mail in voting requires attaching a copy of your driver’s license or other state issued ID
  • It’s against the law for any group to mail you an absentee ballot application
  • Mobile voting sites are illegal
  • Voting out of precinct is illegal before 5 PM on voting day
  • Vote drop boxes must be inside facilities, not outside them
  • Their secretary of state no longer chairs the state’s election board
  • The same board can temporarily suspend county election directors if they feel their elections need review. That way the counts can be added up “correctly”.

Georgia is but the most egregious and latest example of extremely alarming changes to voting rules by Republican-controlled states. These changes are actually signed into law now, while queues of other restrictive voting laws are being introduced in other states.

One state legislator in Arizona filed a bill that would have allowed the state to appoint its own electors to the Electoral College, which decides who will be president. Fortunately that was dropped, but a total of nineteen changes are being considered. In Pennsylvania, at least fourteen voting changes have been proposed that amount to new Jim Crow laws. The same is true in Michigan and many other states.

In short, Republicans are fine with people voting, as long as they can guarantee they will be elected. And if they can’t be, at least some Republican states are exploring allowing their legislatures to overturn the will of the voters, at least when it comes to who will receive their state’s electoral votes.

The animus of all this is hardly new: racism. Here it is 2021 and in these states they are still freaking out that people of color have voting rights! Moving toward the political center is apparently out of the question. They must have their cake and eat it too. They cannot compromise.

I fear where all this is heading. The long overdue response to all this is H.R. 1, the For the People Act, which Democrats have introduced. It would outlaw most of these voter suppression and gerrymandering tactics, and set uniform voting standards across the various states. It would in effect enable true republicanism, something that is increasingly anathema to actual Republicans! If this becomes law, it’s not hard to see what some states will prefer instead: open insurrection and a new civil war.

The bill is a five-alarm fire for the Republican Party. No wonder Senate Minority Leader Mitch McConnell is sweating bullets over possibly getting rid of the Senate filibuster. For more than a hundred years, the primary use of the filibuster has been to control people of color and make sure they have fewer privileges than the rest of us. It appears the thing that Republicans fear most is not those they don’t like getting power, but having to compromise their racist principles in order to get power.

The For the People Act is not necessarily great news for the Democratic Party either. By outlawing gerrymandering, it could end up actually serving the aim of Republicans to put Democrats in the minority. What it is likely to do though is to break the gridlock by electing slews of moderates who are now largely locked out of Congress. This act could actually make government work again.

That’s a price this Democrat is happy to pay.

Republicans are inadvertently voting themselves off the island

Last I heard, today was revolution day, take two. The insurrection of the Capitol on January 6, 2021 failed but at the cost of a half dozen deaths.

Today is the day Trump is finally supposed to become president again somehow, or maybe it’s king. This appear to be the latest conspiracy theory going around the QAnon channels. This may be a crazy threat, but it was enough for the House of Representatives to decide to cancel its session today. Last I heard, the Senate hadn’t succumbed to fear.

Why March 4th? That’s because it was the date originally set for presidential inaugurations. Set at a time when it could take weeks or months to get across the nation, it made sense. The 20th Amendment though changed the date to January 20th. But I guess that’s not constitutional enough for some of these QAnon-ers. So today must be the day a “real” president would take office and that can’t be Joe Biden because Trump said the election was stolen from him. Case closed, or rather these minds closed.

I don’t expect Congress to be overrun today, unlike on January 6th when I did expect this. In fact, I blogged about it before the event. Unlike on January 6th, this time we now have a Congress that realizes these QAnon-ers may be crazy, but they at least now have a track record. Also, we have a new president. The last one helped foment the insurrection itself.

The Capitol is now something of a fortress. Anyhow it’s hard to get into and out of with all the temporary fencing and razor wire. In addition, there is still a National Guard presence at the Capitol; they never quite left. So there’s no ready soft target anymore. There are rumors that date has been moved to March 6th, presumably because it’s two months to the day since the insurrection. But that’s on a Saturday, so it doesn’t bode well for hanging Mike Pence or Nancy Pelosi.

So I’m not losing sleep over what may happen today. But l am pretty disturbed (but not surprised) about how the post-Trump age is turning out. While insurrection may be out for the moment, it’s time for Republicans to dial it up to eleven on gerrymandering and voter suppression. Over three hundred bills have been introduced in state legislatures to make it harder for people, particularly people of color, to vote. There is good evidence that voter suppression tactics are counterproductive to Republican’s aims. For while it may make it harder for people of color to vote, it also makes it harder for rural Republicans to vote too. Many of them will prefer to sit out the next election, especially those less vested in the cult of Donald Trump. Also, many Republicans are leaving the party because of January 6th.

These Republican moves have a feeling of desperation about them. While covid-19 killed a lot of people of color, it also killed a lot of the Republican voting base: older white people, particularly the obese and non-mask wearing types. The party has become a party of White grievance, which is not a great platform for attracting others necessary to keep the party viable. In addition, the party is taking unpopular stances. Not a single House Republican voted for the latest covid-19 bill, even though a majority of Republicans polled support it.

Still, these efforts are enough to worry that our democracy is slipping away. Recent Supreme Court arguments on a case attacking the 1965 Civil Rights Act suggest a majority of the court is priming to make what’s left of the law unconstitutional.

So there is plenty of onus to enact the For the People Act through Congress. This bill would require congressional districts be drawn impartially, set national voting standards and require universal mail in voting. The Act has passed the House and has now moved to the Senate. Currently it would be subject to filibuster, which has many Democrats arguing it’s time to get rid of the filibuster altogether.

It’s a compelling argument, especially now, because if Democrats don’t then these new voting laws and redistricting would tilt the playing field even more toward the advantage of Republicans. It’s hard to understand the hesitancy of some wavering Democratic senators. The filibuster has been chipped away at for more than twenty years. Republicans have shown no hesitancy to chip away at it when they wielded power. Nor has it proven a method for brokering bipartisan compromise. Rather, it’s done just the opposite. It needs to die.

I often wish there were a way to keep people from believing insane stuff. Americans seem to love conspiracy theories but Donald Trump elevated them and made them mainstream. There doesn’t seem to be a way to put this genie back in its bottle. Because Trump supporters are not reality based, real life is bound to disproportionately impact them, as demonstrated by the many covid-19 victims among staunch Trump supporters. There are plenty of Herman Cains out there to serve as examples, but it doesn’t seem to move them back toward sanity.

We learned during CPAC that Donald Trump got covid-19 shots in January while still president. You would think that might wake up some of them to get the vaccine or at least put on a mask. Instead, we get Texas Governor Greg Abbott ending all masking requirements in the state, a stunningly premature act guaranteed to kill off more of his staunchest supporters. This was done probably to draw attention away from his gross mismanagement of Texas’s electricity infrastructure, which resulted in widespread power and water outages during a recent cold snap.

It increasingly looks to me the best case is actually the worst case: Republicans have voted themselves off the island by becoming victims of their own foolishness. We can only hope that those of us who remain are sensible. I know I am. I don’t want to die. But if I die from covid-19 and it’s because of one of these foolhardy people then I will die deservedly a bitter and angry man.

Hold onto your hats on January 6th

It sure would be nice if it were January 20th already. Unfortunately, we still have more than two weeks to go. To no one’s surprise, Trump isn’t going quietly. In the interim he plans to make things as dangerous as possible for our country. It’s also likely that once out of office he’ll spend most of his time trying to undermine the Biden Administration, aided and abetted by plenty in Congress who in the meantime will make one last quixotic attempt to overturn the election on Wednesday.

Wednesday is when Congress counts the electoral votes submitted by the states. Like on the day electoral votes were cast in state capitals, Trump plans to make mischief. He is urging his supporters to protest in Washington, protests that have effectively carried on for about a month as his supporters seem to have taken up long-term residence at the Hotel Harrington. Members of his party in both the House and Senate are planning to object to the votes submitted by certain states that gave Biden a majority in the Electoral College. They are alleging numerous ballot fraud issues, none of which have passed the muster of state or federal judges or various recounts (three times in parts of Georgia) where the alleged voter fraud took place.

Since the House will be controlled by Democrats, it won’t go anywhere but the process may take a couple of days to play out, since votes for each state can be challenged and each challenge requires two-hour meetings by both houses of Congress. You can bet Trump is working the phones to get more Republican senators to fall in line in this doomed effort. All this plus the planned protests on Wednesday raises the likelihood of violent protests.

The Capitol is a very secure building but even it is under potential threat. I haven’t read any news stories about what if anything is being done to add extra security to the Capitol. I sure hope it’s quietly being done. Presumably all the Capitol Police will be there. If I were DC Mayor Muriel Bowser, I’d be quietly putting all DC police on this beat too, and have DC’s National Guard ready and waiting. The game here might be to shut down Congress so no counting can finish. It technically wouldn’t keep Trump in power as his term expires at noon on the 20th and would leave Nancy Pelosi as the acting President. But it could spark the large-scale civil unrest that many groups like the Proud Boys seem to want to unleash. A government in anarchy is at least not one controlled by Democrats, or anyone else for that matter.

We’ll see how much of this worst-case scenario unfolds, but it’s all because Donald Trump is incapable of accepting his defeat. And that’s because he suffers from malignant narcissism, a condition that is seemingly shared by many of his supporters. With a few exceptions like Rep. Louie Gohmert of Texas, those supporting Trump in Congress know their protests are pointless and won’t change the outcome. This is just a flanking maneuver for the one thing they truly care about: being unchallenged in a 2022 primary.

So, my worst-case scenario seems to be happening much later than sooner, but is underway nonetheless. The process is designed to sort through these issues much earlier, which is in fact what occurred. It was just that Trump was incapable of accepting the results.

What if anything should be done in response? What’s playing out, on a macro level, is really the reaction of Republicans realizing they are moving toward a permanent minority status. Unable to broaden their coalition because compromising their principles is a non-starter, all they have left that they haven’t tried is to unconstitutionally wrest power away from those to whom voters have granted it. In other words: to break the law and perhaps start a new civil war in the process. The mere idea of permanent minority status is unacceptable and it appears any means necessary to keep it from happening is okay with them. As for Trump, it’s all about protecting his fragile ego which can’t abide with the shame of being certified a loser.

But things may get worse before Congress counts the electoral votes. If voters in Georgia elect two Democratic senators on Tuesday, control of Congress passes narrowly to the Democrats (with a split Senate and with Vice President Elect Kamala Harris the tie breaker), effectively one-party government. A lot of this may be self-inflicted. Trump himself has already suggested these Georgia runoff election outcomes will be illegitimate. Many of his minions have urged Republicans not to vote in the election, apparently blaming Trump’s baseless voter fraud claims, making this scenario all the more likely.

The uneasy and tacit rules of governing seem to be becoming unglued. Democracy itself appears to be breaking down in the United States. All this feeds the outcome that Trump supporters seem to clearly want. In other words, chaos is not a bug in their system, it’s now a feature. Even if they don’t prevail this time, by breaking precedents they are creating a future where they expect to get their way regardless of how the voters vote.

This should be and is terrifying. Hold onto your hats.

Opening Pandora’s box

The U.S. Constitution was ratified in 1789. After the constitutional convention, Benjamin Franklin was asked what sort of government we were going to get. He famously replied, “A republic, if you can keep it.”

Next Wednesday may be the end of our republic. That’s when the U.S. Senate is likely to acquit Donald Trump. The U.S. Senate is basically enshrining Richard Nixon’s assertion that if the president does it, it’s not illegal. Richard Nixon’s corpse would be smiling, if that were possible.

It will be an entirely predictable end to a trial in which no one seriously disagrees the president committed impeachable crimes, including the president’s lawyers. They just say that he has immunity from them. Republican senators seem to agree, setting the precedent that the president is above the law, or above any meaningful check by Congress. Senators can’t even be bothered to call witnesses. Many of them, rather than listening to the testimony presented, were caught reading books and doing crosswords instead.

So after his “exoneration”, it’s likely that if Trump wanted to arrest dissidents and deny them the right of a jury trial, he could get away with it. Because even if impeached again, the Senate won’t throw him out of office for offenses like this. There’s really nothing Trump won’t be able to get away with after Wednesday, and given his temperament you know he’s going to try. It’s likely to make all Republicans except the Never Trumpers giddy. It’s what they have been hoping for all along.

Oh, but there’s an election coming up! Voters will rectify things! Things aren’t so bleak after all! Since Trump’s election, Democrats have been on the upswing, winning the House, winning seats in the Senate and turning Virginia blue. But even if all of this happens, the precedent is now set. Congress has essentially voluntarily ceded power, allowing the Executive to become even more powerful, and itself more irrelevant. The script has now been tried and tested. Whether Republican or Democrat, the president can now simply refuses to respond to any congressional subpoenas. Unless two-thirds of the Senate agree to remove him from office, he or she has carte blanc.

A fair election in 2020 is problematic. There is the usual voter suppression and gerrymandering, which will be dialed up to 11 for November 3. The U.S. Senate is fine if other countries want to hack our election system or set up disinformation campaigns, even though it is explicitly against U.S. law. The U.S. Senate has effectively nullified lots of laws like this by simply refusing to hold accountable those charged with enforcing them. In short, the law means nothing to our senators, unless it can be used against their political enemies. Law is now meant to be applied selectively, and as a political weapon. Trump has an attorney general who agrees and who now states this as policy.

We are in a huge mess because our senators refused to do their job. Our system of checks and balances has proven able to be hacked. Our founders assumed that institutional forces would make these forces work. They did not want political parties, but we created them anyhow. As a consequence, 231 years later this system has proven fatally flawed.

The only chance of rectifying this is if Democrats win the trifecta in November: turning both houses of Congress and the executive blue. And even then there are institutional forces that make returning to a real republic problematic at best.

We can start with Donald Trump who you know will claim the election is rigged if he loses and will refuse to vacate the White House. Most likely he will see if he can affect a military coup to retain his hold on power. After all, if the election he is trying to rig goes against him, it must be illegitimate. Then it will be up to our military to resist the urge. I’d like to say I have faith they will resist, but we live in extraordinary times.

But even if Trump loses and goes, even if Democrats win a trifecta, there is a court system now full of cronies of Trump and Republicans designed to thwart any progress. You know the courts will find a reason to overturn the Affordable Care Act. Any universal health care plan that a President Sanders wants to put in place will be judged unconstitutional as well. A likely recession will weigh against a Democratic president and a Democratic congress, as the 2010 election showed.

Then there are the hosts of other issues that need addressing, with climate change at the top of the list. But since our constitution is now broken, it must be fixed too. That will require constitutional amendments that will be very hard to ratify. To start, the system of checks and balances needs to be changed. The impeachment and conviction process for presidents needs to change. The Justice Department must by statute and funding be under the supervision of the courts, not the executive.

It’s enough to make anyone despair. We cannot despair. Instead, we must get busy. We must reclaim our republic. Freedom is not free, and democracy is not free. We must fight for its return, with our blood if necessary.

Trump is impeached. So now what?

So yea, I got my wish: Donald Trump is impeached, and he’s become the first Republican president to earn the dubious distinction. (Richard Nixon was wise enough to resign before the House voted.) I should be dancing for joy except I don’t dance and this momentous event is really just one strategic chess move in a much larger chess board.

Not to spoil it for you, but we Democrats are down a queen and regaining the chess board is going to be tough. Impeaching Trump is like taking a rook without penalty, but Democrats are a long way from restoring a functional democracy again. And really, that’s what it’s all about for me. I don’t want Democrats to run everything; I just want a real republic again.

We don’t have that now. With the courts stacked with some 150 new federal judges since Trump took office, almost all very conservative, a 5-4 conservative-leaning Supreme Court, an Electoral College stacked against the majority and red states having contests to see who can purge the most Democratic-leaning voters from their voting roles, it’s a very scary time. Our republic is now in a very fragile state, and it’s abundantly clear that Republicans are using all their powers, and lots of dirty tricks, to get rid of it altogether.

That’s because unlike their chess board, they know our side could add more chess pieces to the board. But this takes time and it also takes a functioning republic. Demographics will eventually bite Republicans in the ass, but it only matters if we have a functioning republic. It’s clear that losing political power is not something they can allow if they can help it, so they will be pushing very hard to make sure it doesn’t happen.

So what’s next? A Senate trial, of course, which shows every likelihood of being a sham trial. Senate Majority Leader Mitch McConnell is already stacking the deck, not that it’s likely that twenty Republican senators will vote to convict Trump. McConnell has openly said he is working with the White House counsel, and he’s hinting that he doesn’t want any witnesses called.

So there will likely be no testimony from those key witnesses that Trump wouldn’t let testify, like his acting Chief of Staff Mick Mulvaney or John Bolton, his recently departed national security advisor. In a real Senate trial, Trump shouldn’t be able to keep them from testifying. Or maybe he could, but the optics would look really bad with Republicans in control of the chamber. In any event, the Chief Justice presides and if Senate rules allowed it, he would require it. So better to not allow it in the first place, let each side bloviate their same talking points and then let pretty much everyone do what they were going to do anyhow: vote their political leanings.

If these witnesses do testify though, it’s likely to be damning; it just won’t make any difference. Because the new game is now the 2020 elections. It’s not news to most of us who pay attention that senators vote their prejudices and the interests of those who give them campaign money, with a few exceptions. If these key witnesses actually testify to what they saw, and testify truthfully, it is damning of Trump’s guilt. But it won’t make a difference to Trump retaining his office, but it may make a difference to voters.

A lot of hay was made of the U.K.’s Conservative Party winning a decisive majority in Parliament in their recent snap elections. Many pundits see in this a warning for Democrats here: pull to the center and don’t nominate a candidate for president on the liberal extreme like Bernie Sanders or Elizabeth Warren.

They may have a point. Or they may be missing the point. As best I can tell, the vote was much more about Britons being sick of the Brexit issue and just wanting it to go away. Brexit has been their own all-consuming national nightmare. It didn’t help that Labour Party leader Jeremy Corbin was even wackier than Boris Johnson, the current prime minister. Voters there may have thrown up their hands, not so much because they love conservatives and want to be separated from the European Union as they don’t want to deal with the issue anymore. Like Trump’s presidency, Brexit has been turning the U.K. into an ungovernable mess.

It may be that U.S. voters want to end our ungovernable mess in Washington too. If so, at least they will have a clear choice: go with a radical new government that disenfranchises many voters and gives power to those with money, or return to a saner time when government at least wasn’t quite so insane. Republicans like power but do they really want four more years of a seesawing Trump presidency? It’s just a chaotic mess. For Republicans in Congress, of course the answer is yes, but for a lot of Republican voters out there, about 15 percent according to most polls, the answer could very well be no.

So Joe Biden may look old and not the least bit shiny, but at least he’s not nutso, he’s not corruptible and he’s spent most of his career simply trying to do the right thing for the country and his constituents, albeit imperfectly. And he’s willing to work across the aisle, although it didn’t work at all for Barack Obama. He’s definitely not Jeremy Corbin. For those of us with longer memories, he’s much more like Hubert Humphrey: another happy warrior.

Trump will try to win the election the way he and Republicans won it in 2016: voter suppression, gerrymandering, spreading disinformation, openly seeking foreign interference and riling the base into a toxic stew. So things will just get crazier.

But it may be that while they get crazier, Americans in general will say “Enough of the crazy!” and toss the bums out. It could be our way out of our own Brexit. Or at least a move that bring Democrats a new bishop and a knight on the chessboard.

Stay tuned. The game is afoot.

Time for Mr. Mueller to be a true patriot

In case you haven’t noticed, our new attorney general Bill Barr is a horror. We shouldn’t be surprised because essentially he auditioned for his job by circulating a paper before his nomination on why the Mueller investigation was invalid.

Barr’s testimony yesterday in front of the Senate Judiciary Committee confirmed to anyone paying attention that Barr is Trump’s lackey and shill. He will do pretty much anything that Trump wants him to do because that’s how he sees his role. Which is why he thinks looking into Hillary Clinton’s emails yet again is worthy of investigation.

It’s likely to get much worse. Trump is likely to use the Justice Department as his political arm by having it open investigations into his 2020 opponents. Based on the Hillary’s email precedent, Barr shouldn’t object at all. In short, the Justice Department is becoming a new bludgeon that Trump hopes to use to win reelection. Its mission to impartially apply justice based on the law seems to be waning. In short, true justice in the Justice Department may be hard to find.

It’s painfully clear that Senate Republicans won’t check Trump in any meaningful way. It’s increasingly clear that our Supreme Court won’t either now that it has a reliable conservative majority. Trump is the outcome of over thirty years of corrupting the system to affect their ends. They don’t want democracy. They just want to be in charge and remain in charge. Which means that only voters can hold Trump and Republicans accountable.

But Trump has every incentive to corrupt the 2020 elections, and Republicans are jubilantly helping him along. Mueller’s report basically says Trump obstructed justice many times and that the only reason he wasn’t charged is because he wasn’t allowed to charge him due to Justice Department rules. With a five-year statute of limitations, if Trump loses reelection then there’s a good chance he will be prosecuted for these and many other offenses.

So in Trump’s mind he must not lose. He can see his future if he fails, and it’s inside a jail cell. He is clearly bending the power of the federal government in every way possible to stack the odds in his favor. And Republicans will aid and abet him: by making it hard for people of color to vote, through relentless gerrymandering, through fearless voter suppression and now apparently allowing the Justice Department to be used as a political weapon.

By grossly mischaracterizing Mueller’s findings, Barr’s summary of findings succeeded in muddying the waters. It’s hard to find someone without an axe to grind that the public can trust. Most won’t have time to read over four hundred pages of his report, much of it redacted. Which is why Mueller’s public testimony in front of Congress is needed. We need Mueller to rise to the occasion and be the patriot the country needs by simply telling the truth.

But will he get that chance? Trump’s policy is now to stonewall Congress and refuse to provide them any information, at least no information not in his favor. Mueller is an employee of the Justice Department, but presumably term limited as he was pulled from retirement to investigate Trump and his administration. Trump or Barr could prohibit Mueller from testifying in front of Congress. It’s unclear that they will, but it’s certainly possible if they are stonewalling everything else. It’s also unclear whether Mueller would not testify anyhow.

Polls do make one thing clear: the public trusts Robert Mueller. If anything can right this wrong ship, his testimony might. Clearly, if Mueller says things that upset Republicans, they will berate him and cast doubts on his integrity. It’s unlikely though that the public would buy it, as his integrity has so far been impeccable, unlike Donald Trump’s.

Mueller would be most helpful by simply stating the obvious: anyone other than Trump would have been prosecuted for obstruction of justice, the Justice Department is being turned into a political weapon, that government of, by and for the people is perilously close to disappearing, and the public needs to wake up and fight for its democracy.

Autocracy and why Trump’s firing of his Secret Service director is extremely alarming

I’m getting the sick feeling that we are this close to an autocracy. Things seem to be going rapidly from bad to worse to ohmigod this is incredibly dangerous!

The feelings got real when I learned what Attorney General William Barr was planning to do with the Mueller report: redact as much of it as possible and work as hard as possible to keep the full report from ever getting to Congress. It got worse when I watched our petulant Treasury Secretary Steven Mnuchin brush off Congresswoman Maxine Waters: the idea of wasting his time talking to Congress when he had important things to do! Also, he seems to be aiding and abetting keeping Congress from getting Trump’s tax returns, even though the law requires it.

You don’t have to look far to find plenty of other signs. For example, Donald Trump is thinking of dumping migrants in sanctuary cities. Why? Because he thinks he can and he wants these cities to pay for having the audacity to oppose him. Then there’s his de-facto concentration camps that separate immigrant families and new reports that suggests he wants the U.S. military to build a whole lot more of them and run them, much like the German military ran its concentration camps. And if that weren’t enough, Trump was recently on the border urging CBP employees to break the law by not letting these asylum seekers in. Trump is implicitly saying: I can get away with anything, because Congress won’t hold me accountable in the end. And if you do break the law, I’ll pardon you!

All this is sickening enough, but then there’s the imperial way his administration seems to be blowing off the courts. He’s been under a court order for about a year to resettle these unaccompanied minors with their parents, or at least place them with relatives in the United States. Instead, most of them linger inside former Walmart stores under lock and key and out of sight. Recently, three congresswomen weren’t allowed in to inspect a detention facility for minors in Homestead, Florida. Trump doesn’t care that Congress has the responsibility for executive oversight.

More and more the Trump administration seems to be simply ignoring the courts. Until now, we’ve sort of assumed that if the courts tell you to do something, you must. More and more the Trump administration seems to be just ignoring the courts. After all, what can the courts do but issue more rulings? I guess there is the U.S. Marshal Service, which is supposed to enforce court orders if necessary. But the courts do not control it; it’s controlled by the Justice Department. And our new attorney general Bill Barr seems quite happy to take orders from Trump, even though he is supposed to uphold the law.

Who you gonna call? Ghostbusters? The constitutional remedy for executive overreach is congressional oversight, subpoenas and when all else fails impeachment. Trump’s lackeys are ignoring most congressional subpoenas. Nancy Pelosi has ruled out impeachment, mostly because she knows Trump has no possibility of being convicted in the Senate. And that’s not just because Republicans control it narrowly, it’s because Republicans are very clear that they don’t care about the rule of law. All they care about is expanding their power or, failing that, holding on to their power.

And it’s not like they feel the least bit compelled to follow the rules or precedent anymore. Senate Majority Leader Mitch McConnell, an erstwhile conservative, broke with more than 230 years of precedence to speed up the debate on the nomination of federal judges and no longer allows home state senators to block these nominations either.

Meanwhile, deeply red states like Alabama and Texas are going out of their way to turn their states more authoritarian. In Texas, they are debating a law that could potentially give the death penalty to women who get abortions. Wow! The breadth of this should be astounding, but it’s par for the course these days. Ohio’s governor just yesterday signed a law that outlaws abortions if a fetal heartbeat can be detected. These states are simply trying new tactics to see what might overturn Roe v. Wade now that Brett Kavanaugh is a justice. It’s all supposedly about being pro-life, but at least in Texas they are willing to kill people to do it. It’s all absolutely insane, particularly when you consider that not one of these states wants to give women contraceptives to not get pregnant in the first place, won’t subsidize their pregnancies and do their best to keep these kids off food stamps once they are born. Since so many are nonwhite, they’ll be happy to disenfranchise them when they reach voting age too.

Of course, these red states continue to do their best to gerrymander districts and suppress people of color from voting. Florida wants ex-felons to pay all judgments before being allowed to vote, essentially a poll tax, which is unconstitutional. Its state legislature is also working to overturn the referendum, which allows ex-felons to vote in the first place.

So it is crystal clear to me that Republicans will let nothing stop them from achieving their aims. Increasingly they are simply ignoring courts and Democrats in Congress. In essence, they are wholly abandoning democracy in favor of autocracy, and using inertia built into our system of checks and balances and Republicans open willingness to allow Trump to get away with stuff to bring it about.

Frankly, to me the most alarming sign of all was not Trump’s firing of his Homeland Security Secretary, Kirstjen Nielsen, but his firing of Secret Service Director Randall “Tex” Alles. Think about it. Let’s assume that Democrats do win the presidency in the 2020 election. And it is ultimately up to the Secret Service to evict Trump from the White House. Will his hand-picked lackey evict him? When push comes to shove, who decides to hand over the nuclear codes to the next president? And if you have a Republican senate that won’t fight back on Trump against anything, if he refuses to leave, how do you get rid of him?

It all makes for a constitutional crisis already well underway that looks like it will come to a crescendo on January 20, 2021, but which is likely to all come to a head much earlier than this.

These are crazy, deeply dangerous and incredibly scary times. We are facing what looks like the probable end of a 230 year old democracy.

Much worse than Watergate

Our Chinese curse of living in interesting times continues. These days are truly extraordinary, although it may be hard for many Americans to see it. Our republic hangs in the balance on what happens over the next days, weeks and months.

It’s easy even for me to get caught up in the political drama of the moment, most recently the #ReleasetheMemo controversy. What’s harder to see is the big picture and how our republic is becoming increasingly tenuous. We are moving quickly toward an authoritarian state.

The #ReleasetheMemo controversy, with the said memo now officially released, allowed Republicans and Trump to release highly classified information to make the most tenuous possible case that the FBI and Justice Department is out to get Donald Trump. (A curious case to make since it is a department full of Republicans and has always had Republican FBI directors.) Releasing this memo also exposes sensitive intelligence sources and methods, which the Justice Department has said may result in people getting killed. You would think that this would give those approving this memo some pause, but not at all. Trump broadcast his approval of the memo even before even reading it. It’s not clear he actually has read it, as he has zero attention span.

How crazy is this conspiracy theory? Let Chuck Todd, host of NBC’s Meet the Press explain it:

Why Trump would do this is obvious: he’s trying to escape justice. It is now abundantly clear that minimally he and many on his team have obstructed justice. It’s also abundantly clear that Russia has the goods on him. Trump admitted as much after he fired former FBI director James Comey: he said it took the Russian heat off him. He wants to make this whole “Russian thing” go away.

The memo gives him the pretext to remove Deputy Attorney General Rod Rosenstein. Rosenstein oversees the Mueller investigation. Mueller’s report will never see the light of day if Rosenstein is gone and Trump’s own lackey is in charge. So I expect Rosenstein will soon be fired. Mueller doesn’t have to be fired, but Trump will probably require his replacement to fire him anyhow. Trump will not allow himself to be held accountable for his actions. He never has and never will. Escaping justice is all he cares about.

A side effect though would be to make the Justice Department partisan and for it to lose its independence. Think about what this means. The Justice Department and the FBI in particular are our primary means of enforcing the law of the land. If they didn’t do this, you don’t have justice. At best you get very selective justice.

And Congress, at least almost all Republicans in Congress, are all for this. That was the whole point of #ReleasetheMemo. Congress is supposed to execute oversight of the Executive Branch. What we got now is just the opposite: Congress is aiding and abetting the White House and abdicating its role in oversight, in particular its oversight in making sure the Justice Department operates impartially.

So for the first time ever both Congress and the Administration don’t want the Justice Department to actually impartially administer justice. I was about fifteen when Watergate broke, and this didn’t happen during Watergate. It’s true that Democrats controlled Congress, but once Republicans realized the scope of Watergate they worked with Democrats to hold Nixon accountable. Now it is just the opposite.

This should not be surprising. Republicans are just following through on a long-executed playbook. Their goal is to end democracy and our republican government. In 2016 we not only elected Trump, but we also disenfranchised millions of voters. If these voters could have voted most likely would have kept Trump out of office. Republicans worked overtime to reduce the share of minorities and poor people who were allowed to vote. They aggressively purged voter roles.

Of course it’s not just limiting voting that Republicans worked at, but also at populating the judiciary with conservative judges, “strict constructionists”. So we pretty much have one party control now: Republicans control Congress, the White House and effectively the Judiciary, at least the Supreme Court. In Shelby County v. Holder, which struck down much of the Voting Rights Act, we watched conservative justices aid and abet the process of disenfranchising voters. One of Trump and Congress’s major tasks has been to put more conservatives in the judiciary by filling openings denied to Barack Obama during his presidency.

When you have a Justice Department that won’t administer justice; when you have a White House actively trying to keep the Justice Department from administering justice and setting it up so that it can’t do so in the future; when you have a Congress aiding and abetting by blocking the administration of justice; and when you have a court system that increasingly won’t uphold justice uniformly, you have a complete perversion of our form of government.

You have in effect removed the checks and balances from our system of government. We end up with a republican form of government in name only. Moreover, we set the conditions for authoritarian government instead.

That’s what we are up against at the moment. In the past I had faith in the American people to rectify the problem, which hopefully they will do in this year’s midterms. But our voting system is badly frayed due to gerrymandering and voter suppression. Depending how the Supreme Court rules in two gerrymandering cases it is considering this year, it could make our voting system even more disenfranchising. And we are also deeply polarized voting for our tribe rather than in the best interest of the country.

It’s abundantly clear that Republicans only want the “right” person to vote, which largely means only “white” people. We have a president who is openly racist. We have a Republican Congress that is pretty much the same way. The #ReleasetheMemo controversy shows just how far extreme Republicans will go on this issue. They will put party before country, not just a little bit but by taking a mile instead of an inch. There is no bridge too far for them as long as they can hold on to power. Democracy and republican government don’t mean anything to them. They are not patriots.

All this is going on right under our noses but it is hard for many of us to see the full scale of the wreckage they are unleashing. True patriots will of course protest and work hard to change this. Republicans though have gotten so skilled at manipulating the system to favor only them that it’s unclear if anything short of a new revolution can actually restore democracy. Arguably, we don’t have it anymore.

Lots of Americans prefer totalitarianism

It’s been noted that democracy is on the decline around the world. Venezuela is the most recent example. Unhappy about 2015 election results that gave socialist president Nicolás Maduro an opposition legislature, Maduro refused to let the national assembly meet. Most recently he is pushing for a rewriting the constitution by a new Constituent Assembly, elected by socialists in a widely boycotted election. The so-called assembly is busy rewriting the constitution to ensure no further democracy is possible. Meanwhile, Venezuela continues a long downward slide with the possibility of civil war looming.

Here in the United States there are plenty of people that don’t like democracy. Many would like ours gone altogether. This seems to include our president, who is deeply annoyed that he cannot run the government by fiat. He is trying to keep undesirable voters from voting by empowering a commission to look into the nonexistent issue of voter fraud. Deeply red states are way ahead of Trump, having essentially thrown the 2016 elections with voter suppression. Yet they still continue to look for ways to ensure only those they deem worthy of voting have that privilege. They are hardly covert. The powerful American Legislative Council (ALEC), essentially a wealthy group funded by large corporations and multimillionaires to advance conservative causes, wants to repeal the 17th amendment, which allowed for the direct election of senators by voters of states. States are already highly gerrymandered, much more so in deeply red states.

Feeding the frustration is the feeling that nothing is getting done in Washington. Trump’s election was a statement that a strongman was needed. Fortunately for those interested in democracy, Trump has proven staggeringly inept in following through, but he certainly has put antidemocratic sycophants into key positions of power. As a result we get weird policies like a State Department that wants to stop promoting democracy. Sure, why not? The Trump Administration sure doesn’t believe in it.

In truth, Americans have always been uncomfortable with democracy even though it’s why we are still here 250 years later. Originally in most states only white male landowners could vote. Votes for non-whites, non-property owners and women were given grudgingly, and to black men only as a result of civil war. We might not be a country at all if the founding fathers hadn’t agreed to give southern states disproportionate voting power by allowing a slave to be counted as three fifths of a person for voting purposes. This plus the Electoral College which gives more votes to rural states are still at work subverting democracy. It elected Trump and along with tested voter suppression strategies flipped key states like Wisconsin, Michigan and Pennsylvania in 2016.

But why would so many Americans be against democracy in the first place? This was on my brain last night and extended into a weird dream, perhaps inspired by The Handmaid’s Tale recently broadcast on Hulu. (It so depressed me that I only made it through the first episode.) In the dream, I was a new entrant into a country that looked a lot like America, but had been taken over by something like the American Taliban. Everyone (not just women) lived in a police state. Not only that but we all dressed in something resembling burkas, covered head to toe not in a white sheet, but in formless white latex, under which we lived our lives, such as they were. Overhead was the constant presence of police drones. Everyone made surreal happy talk. To survive in this country, you had to blend in and our latex coverings pretty much ensured that. The true elite though didn’t have to cover themselves in white latex, but the rest of us hid all individuality behind two small eye holes. The elite ran things and the rest of us were supposed to not be seen or acknowledged: depersonalized and barely human.

Waking up I realized it was not as surreal as I thought, and potentially a plausible outcome in a decade or two if we don’t reclaim our democracy. Jimmy Carter has already stated that we are living in an oligarchy. Look around at your gerrymandered government. Your politicians overwhelmingly vote in the interests of the rich that funded their campaigns. The only question is whether we can wrest our democracy back or whether we fall further toward totalitarianism.

Plenty of American support totalitarianism provided “their” people are in charge. This is exactly what gerrymandering and voter suppression is all about. They want to make America in their image and squeeze out all dissenting voices. Democracy is supposed to be a messy process that forces imperfect compromises but which in general act in the interest of the majority of the population.

But why are so many, perhaps a majority of us, so uncomfortable with true democracy that we prefer totalitarianism instead? Puzzling this out occupied the majority of my brain between 3 AM and 6 AM this morning. I think it all comes down to fear of change, which is weird. Democracy is supposed to be a way to civilly handle change that is inevitable with time. For many of us though the potentially unknown consequences of change are scarier than an open and democratic process that forces competing ideas to be vetted, argued and reconciled openly. I believe that fear of change is the ultimate motivator for the many totalitarian wannabees among us.

We fear not just the unknown but we fear even more confronting and reconciling our prejudices. To avoid this process we “other” those we perceive not to be enough like us. I grew up in a community easily 98% white. Eventually I moved to the Washington D.C. area where everything was multicultural. I don’t think I was ever overtly racist, but I know I was initially uncomfortable being in a multicultural community because it was new and constantly in my face.

With time I discovered that my fears were silly and misplaced. These weren’t “others”, they were “us”. Over time it became my new normal. Confronting my fears put these fears to rest and made me ashamed I ever felt differently. Over a few decades it became inate: we really are all the same. For the most part our differences are walls we put up between us to keep us from acknowledging this plain truth. Whatever inchoate fears I had of minorities, the poor, the rich, the Muslim, the Sikh, the Arab, the Hindi, the gay, the transgender, even the Republican voter are gone. We magnify our differences and miss that we mostly we are the same.

This happens naturally as communities become more multicultural. There is nothing to fear from integration and much to gain, as I discovered returning to Washington D.C. last month where I ate Cuban food for the first time. (Yum! Fried plantains!) Fear of democracy is such a nothingburger, to use a term that Trump likes to use about the Russian investigation underway. True democracy promotes cohesion and lowers barriers between us. It makes fears ebb and helps us look forward to a promising tomorrow, because we know we are all in it together and we are more alike than dissimilar.

When our founding fathers declared independence, Ben Franklin was famously asked what form of government had been decided upon. “A republic, if you can keep it,” he said. Nearly 250 years later, we have never been so close to losing it. We must fight now for the right to peacefully solve our differences through a democratic process. Otherwise the civil unrest you see now in Venezuela and many other places may take root here, and those latex burkas in my dream may be in our futures.