Trump is planning to lose

It’s clear to me that Trump is planning to lose the election.

The evidence is hard to miss. His campaign is going broke. He’s not advertising at all in some of the swing states he won last time. To the extent he is advertising, it is down in the Deep South where some states like Georgia look to be in jeopardy. He seems uninterested in debating Joe Biden. His only interest is in holding rallies that only his supporters attend.

He’s also not doing any of the things you would expect a candidate to do to win an election. He’s not moving toward the middle. He’s not telling voters his wonderful plans for a second term; he has none.

But recall that Trump did not expect to win in 2016 either, and saw the campaign as an opportunity to rebrand himself and his image. It’s easier to see now because the New York Times story on his tax returns has documented that he was losing money. The Apprentice gig had dried up and he was piling up massive loans to overseas lenders. He was likely flabbergasted to win as it wasn’t in his business plan at all. From his governing style, it is clear he was not interested in the actual mechanics of governing a country.

The 2016 campaign was a lot of fun, though. He could do what he likes to do best: hold rallies, tweet, yell at opponents and fake enemies and promote himself as the smartest and best person in the world. That’s what he’s been doing during his presidency as well, based on how he is spending his time. Actual governing continues to bore him and he just tunes it out.

So, Trump’s planning to lose should be good news, but in Trump’s case, it’s not. He realizes he’s going to lose the popular vote and the Electoral College massively, but he’s not convinced he can’t stay in power somehow anyhow. He should have “his” new member of the Supreme Court, Judge Amy Coney Barrett, in place to hear challenges to the election. With a 6-3 conservative court, three of whom he appointed, the odds look better than they should.

He’ll try every possible path to overturn the will of the voters. He’ll try to twist states with Republican controlled legislatures to award their electoral votes to him against the popular vote in the state, a possible but dubious strategy which is actually legal, in many cases. He will spin up all sorts of spurious lawsuits, making the case that the votes were rigged and that only votes cast on Election Day should count, unless, of course, mail in ballots favor him in a particular state. It’s all going to be a huge mess and he’ll hope “his” court will twist all sorts of rules to make him president anyhow. If he succeeds, it will effectively end our republic.

In addition, you can expect him to try to foment civil unrest, unchaining groups like The Proud Bois he told to “stand back and stand by” at the first presidential debate. He thrives in a climate of fear and distraction. but it’s unclear whether much of this will materialize if he loses. In any event, the clock will be against him. The Electoral College meets on December 14, not in Washington but in fifty state capitals. If some states manage to cast their electoral votes for him when they should have gone to Biden, it likely won’t be enough to deny Biden the presidency. Trump’s own foot dragging on his own reelection suggests he’ll bank it all on some last-minute Hail Mary unlikely to work.

Trump is likely to also try tactics tried out in Washington, D.C. and Portland, Oregon: placing National Guard troops in many cities to control civil unrest. As governors control the National Guard, it’s hard to see how this would work unless he somehow overrides their authority. It’s unlikely that either the National Guard or our active military would do much to occupy state capitols and keep the Electoral College from meeting. If it happens at all, it is likely to be a muted and ineffective response. In any event, if we need the National Guard to quell unrest, it will probably be to quell unrest from right-wing fringe groups like The Proud Bois.

A more likely result will be calls from some states to secede from the country. This does nothing to make him president, but does allow certain states to express their dismay about the direction of the country. There doesn’t appear to be the passion for a new confederacy in the South there was at the start of the last Civil War, and any new confederacy would be a much more shrunken version. The only real pivotal event would be some sort of military occupation of the U.S. Capitol to keep the Congress from certifying the results of the election. With no certification though, Nancy Pelosi would become acting president.

So, most likely Trump is checkmated. There are too many loose ends, too many improbable things that have to happen, and too little time to do it. He’ll likely slink out of the White House at the last possible second. All of Trump’s actions so far have been to build a case for why he will lose. You’ve heard many of them: rigged ballots, the deep state, Never Trumpers, etc. His goal is to leave office with the hanging question that the election was illegitimate somehow. Most likely when gone he will refocus his efforts for a run in 2024, God help us.

Which is Trump’s way of winning. The presidency has never interested him, but he is very much interested in saving face, staying in the news and in everyone’s mind. Those of us hoping his defeat will mean seeing and hearing much less from him are likely to be disappointed. The best we can hope for is he spends years fighting civil and criminal charges, maybe ends up in prison, and that Twitter cuts his feed. If a criminal conviction looks likely, I expect he will simply flee the country. He lives by his own rules and won’t be held accountable. He had better hope that Vladimir Putin will be willing to take him in.

In any event we will all need extra antacids after November 3, not fewer.

My election predictions

The conventional wisdom has been that voters on both sides are pretty locked in and there aren’t many of us left who are persuadable. Unless Joe Biden does something amazing stupid, or Donald Trump shows the political savvy to move toward the middle, Biden looks to handily beat Trump.

But conventional wisdom may be wrong. It sure appears that the first and what may be the only presidential debate of the election peeled off a lot of Trump voters and moved them toward Biden. If you watched the debate (and some eighty million of us did) it becomes easier to understand. What we saw was the worst of Donald Trump, the inner child that shows up on Twitter, on full display. It was like the blinders for Trump came off for a lot of people as they realized quite literally that Trump was insane.

It’s either that and/or Trump’s acquiring covid-19, but the trend was noticed by pollsters immediately after the debate. Those queried after the debate told pollsters that they were voting for Biden by a range that increased by about five percent overall. States that didn’t look likely to be in play, like Texas, now look viable for Biden, so much so that his campaign is actually spending money in the state, which is huge and very expensive.

As for Trump, his campaign’s spending continues to diminish driven mostly by donations drying up – donors can sense he will lose and hate to waste their money. States that Trump won narrowly in 2016 now look out of the question this year, including Pennsylvania (where Biden has a ten-point lead), Michigan (ditto) and Wisconsin. If Trump wins Florida it will only be due to voter suppression as recent polls show Biden with a five-point lead in the state. The election is looking like a Biden tsunami.

Worse, millions of people have already voted so they can no longer be persuaded. We voted yesterday. Our ballots came in the mail but to make sure the U.S. Postal Service didn’t lose them I deposited them in the City Clerk’s box on the front steps of City Hall. Early voting is hugely outpacing 2016. The first day of early voting in Ohio saw lines of two hundred or more people deep. It sure looks like people are determined to vote and that voter suppression efforts will be markedly less effective this year. It will be interesting to see how many voters vote. We may reach turnout rates above seventy percent.

Real Clear Politics lets you create your own electoral college prediction map, so here’s mine. I see Biden getting no less than 351 electoral college votes.

My 2020 electoral college prediction map
My 2020 electoral college prediction map

Similarly, Real Clear Politics lets you create your own senate election prediction map. I see Democrats having at least 51 seats, with 3 toss up seats. One Georgia election is basically a primary, so it won’t be settled for some time, but it’s likely Democrats will end up with 52 – 53 senate seats overall, a likely 6-7 seat gain.

My 2020 Senate election prediction map
My 2020 Senate election prediction map

I won’t predict the House except that Democrats will retain and modestly expand their majority.

It’s unlikely that we will know the extent of Biden’s win on Election Night. It may take a week or so for it to become clear. But it should be clear that he has won decisively by the end of Election Night.

We can expect all sorts of dubious court challenges from the Trump campaign. You can also count on Trump to declare the election was massively rigged. A large Biden win may suppress actions by right-wing terrorists to try to foment violence and civil war. But we can expect some of it, and we can unfortunately expect Trump to egg these people on. So a Biden win doesn’t mean that he will be able to govern when he is inaugurated.

But at least the outlines of this election are now pretty clear to me, and if anything, it looks to be a bigger win for Democrats overall than I anticipated.

Pay no attention to that man (Trump) behind the curtain!

Most of you will understand the reference, but if you don’t, watch the classic 1939 movie The Wizard of Oz. In the pivotal scene the Great and Powerful Wizard of Oz was revealed as just a man behind a curtain good at pulling levers that blew a lot of fire and smoke. That wizard, like Donald Trump, knew how to put on an impressive show.

To those of us with a brain, Trump was that always that man behind the curtain. It was obvious from the beginning. He was only something special to those who chose to believe otherwise. For many on the right, Trump is their last hope. He’s their hopelessly skewed knight in shining armor with a nontraditional way about him that somehow was going to make everything right again. “Right” in this case meant an end to the creeping anxiety they feel about a world changing too quickly. Change drives them nuts.

It’s not just a lot of Americans who have this anxiety; it’s people all across the world. Wannabee dictators are a dime a dozen and you don’t have to look far to find them. Two of the more prominent ones are Jair Bolsonaro, President of Brazil and Rodrigo Duterte, President of the Philippines. Both promise through control that they will make things right again and ease the crushing anxieties of their populaces to a world changing too quickly.

Americans who picked Donald Trump were voting their anxieties too. Trump was to bring back Leave it to Beaver America, a time when America was triumphant, whites ran pretty much everything, and life was great. Actually, the 1950s kind of sucked. A lot of our success back then was our sky-high income tax rates, which ensured tons of money went to build up our infrastructure. Naturally, this aspect of the 1950s his supporters are particularly unwilling to bring back.

Trump was never this person and in fact modeled the opposite. The breadcrumbs were all around: the many failed businesses, failed marriages, infidelities and his wacky and crazy pants ideas. Trump sold us on a vision he could not possibly deliver. The real Donald Trump doesn’t spend all his time working for you. He uses government to enrich himself, which we now understand because he’s paid little in the way of income taxes for years and he’s massively in debt. Governing bores him. What he really likes to do is tweet, hold rallies and bask in the adulation of his die-hard fans.

And now we also learn that he’s not the Great and Powerful Trump, but just another guy with covid-19. He’s 74 and obese. Statistically, he has an 11% chance of dying from the disease now that he has it. Now at Walter Reed Naval Hospital, he has a team of doctors trying to get him well.

His doctors say he may be released tomorrow, but even if he goes back to the White House it says little. The disease seems to be worst on days 8-12. It’s very likely that his actual condition is much worse than the limited facts we are learning from his doctors. He apparently traveled to a fundraiser knowing he had tested positive and while he was already declining. It appears he’s been on supplemental oxygen but doctors won’t confirm it. Meanwhile, he’s taking a crazy array of drugs not normally given to those with covid-19 and often given to only the sickest of the sick, like dexamethasone. That alone suggests he’s getting oxygen, since it’s not given to those not needing supplemental oxygen because of the possibility of harm.

He likely carried the disease during last Tuesday’s “debate” with Joe Biden. Let’s hope the social distancing keeps Biden free of the disease, but Trump’s children and in-laws showed their support by taking off their masks, a clear violation of the rules the campaign had agreed to. But, of course, Trump is all about breaking the rules as he did almost constantly during the debate itself.

Prominent Republicans all over the places are coming down with the disease or are testing positive. You can watch many of them slapping each other’s backs at the ceremony in the Rose Garden where Trump introduced his pick for the Supreme Court. No masks. No social distancing. People shaking hands and hugging. Chairs were laid next to each other.

It’s getting so bad that three Republican senators have tested positive, so it’s unclear if Trump’s supreme court nominee Judge Amy Coney Barrett can get a quick hearing. It’s not clear if due to the absence of these senators if Senate Majority Leader Mitch McConnell has to votes to even advance the nomination. All this is because Republicans swallowed the Trump Kool-Aid. They were too spineless to wear masks and social distance because they worried Trump would be mad at them.

Some are wondering if karma is at work. Trump has dodged it all his life. I like the idea of karma, but I’m skeptical it’s a thing. It suggests there are some higher and unseen forces at work.

Trump could die from covid-19. It’s true I would not shed any tears if he did, except possibly of joy. It would certainly feel just. But it would not actually be just. His death would simply be another way he avoided accountability for his actions; it would be anti-karmic. He deserves to get well enough to lose massively at the polls, so there is no ambiguity that voters rejected not just Trump, but Trumpism. Today’s NBC News/WSJ poll shows Biden with a 14% lead nationally. Trump is now polling under 40%, which is Herbert Hoover territory.

Much like the unpopular Jimmy Carter, Hoover went on to have a very successful ex-presidency. Assuming we can stave off civil war and put Joe Biden successfully in office, this is unlikely to be Trump’s fate. So, here’s hoping Trump survives this disease so the law can finally catch up to him. But I fear he will cheat his way out of it. Dying of covid-19 may be his only way out.

2020 Presidential Debate #1

Did you watch the debate last night? Of course, you didn’t. At least you didn’t if you were smart, unlike me. But even if you watched the debate, the obvious conclusion was no debate actually took place. I rarely swear on this blog, but what a shitshow.

The 2016 Clinton-Trump presidential debates were really bad but couldn’t hold a candle to this “debate”. A debate assumes that each participant gets a chance to expound on their views and there is some civility.

Donald Trump would have none of that and almost entirely ignored the rules to the debate that he has signed up to. Joe Biden looked like he would have preferred an enema and the truth is, I would have too, in retrospect. A bit more than an hour into it, I gave up. Literally anything I could have done would have been a better use of my time. I felt used and abused. I suspect any person watching the debate with any conscience would have too.

I’ve currently been rereading old Calvin & Hobbes cartoon books. Donald Trump is a 70-year-plus version of Calvin. He never made it out of his terrible twos. Conversation is simply not possible without a willingness to listen, and you can’t listen if you never stop talking. Trump talked over Biden, never letting him get a word in edgewise. Very little of what he said had any basis in fact. Demeaning anyone is the mark of incivility, but no one watching could have possibly objected to Joe Biden’s characterization of Trump as the worst president ever.

My Dad passed away in 2016 at age 89. Thank goodness! Not that I wished him dead, far from it. But at least he passed before Donald Trump became president. From my dad (and mom) I learned manners. To this day, it’s hard for me to swear, because I almost never heard either of them swear. They would say the kindest things about the unkindest people. But I am confident my Dad would make an exception for “President” Trump. He was running for president in his last year, but even then, he was openly appalled by his behavior. He was so circumspect and non-judgmental that we never knew for sure what political party be belonged to.

We really learned nothing from the debate because it was no debate. If there are any truly undecided voters out there, it’s hard to imagine how they could vote for Trump after watching his performance. If you met someone like Trump in real life, you would stay away from them. And while I’m met plenty of miserably awful human beings in my life, Trump stands out as the worst of the worst. And we elected him to our highest office.

I didn’t so much learn anything from Trump as confirmed my most worrisome fears. He’s not going to accept the results of any election that he loses. He’s going to encourage violence by his supporters and actually told the Proud Boys to get ready. He refused to denounce violence by white supremacists. The shitshow is going to become an epic shitstorm after he loses on November 3.

Moderator Chris Wallace lost all control over the debate, and even called out Trump for his interruptions and behavior which Trump just ignored. He ignored all the rules and just made the biggest, most obnoxious ass possible of himself.

So, it wasn’t a debate, but if we want a real debate there needs to be rules that are actually enforced. In the past, it wasn’t necessary. If I were Biden, I wouldn’t bother “debating” him again because doubtless the next two will be more of the same. The debates need a penalty box. If a debater violates the rules once they should get a warning. Twice, they should be removed from the debate for five minutes. A third time, they should be escorted out of the debating area and probably unceremoniously dumped in the parking lot.

Since we didn’t get a debate, all we really learned was how completely awful a human being Trump is. It was two hours of someone scraping their nails against a chalkboard. It was horrible and unwatchable. I felt slimed by the whole experience; I wanted a cold shower.

I feel sorry for any human being who likes Donald Trump. I understand completely why he doesn’t have any pets. Certainly, no dog would endure him.

In 2021, Democrats need to make good trouble

Like many Americans, my heart sank Friday when I learned of Justice Ruth Bader Ginsburg’s death. I wasn’t surprised that before her body went cold Senate Republicans would move on and press a case to replace her as fast as possible. Both Trump and the Republican Party have every incentive to do so. For Republicans, what’s not to like about a 6-3 conservative majority, particularly since they sense they will lose the Senate in the upcoming election? Also, for them, wielding power means forcing people to do what they want. They lust for overturning the ACA, for a court that makes denying coverage for preexisting conditions illegal, and for overturning Roe v. Wade. For Trump, the impetus to get a replacement on the court before the election is vital to his plans to corrupt the upcoming election.

George W. Bush infamously found a path to 270 through the Supreme Court. It’s now a far more partisan institution, so getting a justice Trump considers a loyalist on the court before November 3 means that when his inevitable court cases challenging results come before the court, he is likelier to prevail. It will be 2000 on steroids. Recently Trump opined that he could issue an executive order not allowing Biden to take office. Trump never asks permission; he just goes for it and sees what happens. It’s not even clear that if the Supreme Court ruled against him that he would follow their ruling. In any event, a 6-3 conservative majority makes it less likely that they would.

The only consistent thing about Republicans in Congress is that if they can take an inch, they will take a mile instead. It’s all about maintaining raw political power. They are heedless to the consequences of doing so. A government controlled by a minority cannot be considered legitimate indefinitely.

Which is why if we get through this election, Biden wins the presidency and Democrats control Congress, it’s time for Democratic retribution. I’m dubious we’ll get it, as Biden promises to listen to both sides and stupidly thinks Republicans can be persuaded. But retribution by the majority is long overdue.

As it turns out, it’s not that hard to put Republicans in their place. Democrats though just have to show some spine. They will also have to clean up the messy mountains of trash left by the latest Republican administration. We need functional government again too.

To start, the Senate filibuster needs to end. It’s largely dead already, so it wouldn’t take much to make it die officially. The filibuster is not in the Constitution. It ends with a simple majority vote, presumably at the start of the new Congress when rules are agreed to through a simple majority.

Second: pack the court. The constitution does not specify nine justices. All it takes is a bill passed by both houses of Congress and signed into law, which will be in Democratic hands. With a 6-3 conservative court we will need at least three more, but let’s make it four for a clear liberal majority. It’s been done many times in the past. Republicans invented all sorts of reasoning for their tactics. So can Democrats. Here’s one: we’re a country of 330 million people now and too much power is in the hands of too few justices. This would more evenly distribute power making it harder for a minority to control a majority.

Third: pass a constitutional amendment that allows the Attorney General to be elected. Trump shows exactly what can go wrong when the Justice Department reports to a lawless president. I propose like the president we elect an attorney general to a 4-year term, every four years. Like the president, there would be a maximum of two terms that could be served by one person. To make it more interesting, run the Attorney General race during non-presidential voting years. It would give us a reason to vote. The amendment should provide that the Attorney General will control the budget of the Justice Department and directly submit appropriations to Congress, outside of the Executive.

Fourth: appoint an independent prosecutor to look into and prosecute potential crimes by Trump and his administration. To avoid the appearance of partisanship, he or she should be a diehard Never Trumper with a proven commitment to impartially upholding the rule of law.

Fifth: keep working with the states to pass the National Popular Vote Interstate Compact. When we have states representing more than 270 electoral votes passing laws agreeing to this compact, the Electoral College is effectively dead, because these states will award their electoral votes by law to the winner of the popular vote for President of the United States. Currently states with 196 electoral votes have passed this legislation, and it’s pending in states representing another 64 electoral votes. If those states passed legislation, we’d be just 11 electoral votes from getting rid of it for good. All it does it increasingly make it likely that our president won’t represent the majority of those who voted for him or her. Biden should make this his cause, and personally coax state legislatures to give it impetus.

Sixth: expand Congress. With Democrats in charge and with no filibuster, there’s no reason not to make the District of Columbia and Puerto Rico states. DC would still have more people in it than Montana, which gets two senators. But let’s also expand the House. With 435 seats, one representative represents more than 700,000 people. That’s too many people. We need a House that changes size based on population. This too can be done with legislation: no constitutional amendment required. The number was last raised in 1929. In the first congress, one representative represented about 30,000 people.

In the words of the late Rep. John Lewis, Congress needs to make good trouble. This is all good trouble. We’ve seen a lot of bad trouble these last few decades. We need a Congress that proportionately represents us, not disproportionately conservative states.

It’s going to get crazy after the election

I’ve discussed many times my concerns for our upcoming election and specifically for the time between the election and Inauguration Day. I’m hardly alone in thinking it will be the most dangerous time in our country since the Civil War.

Maybe I’ll be pleasantly surprised that the results won’t be seriously contested, and a preponderance of Republicans will tell Trump to accept his defeat as gracefully as possible. As I noted in my last post, I still see Joe Biden winning it handily. Events since then – particularly the recent news that Trump knew of the likely casualty count in the United States from covid-19 in February and openly lied to the American people that it wouldn’t be very lethal – have made winning reelection just that much worse an uphill climb for him.

Polls consistently indicate people have made up their mind about Trump, as evidenced by their serene months long consistency with polling averages showing Biden ahead 7-10 percent nationally. We want him gone. So, if the election is held reasonably fairly, Biden should win handily and bring a Democratic Senate on his coattails too. With so many mail-in votes though, it’s likely we can’t say for certain for a few days after the election.

We know that Trump will dispute the results. He’ll deploy armies of lawyers to swing states to challenge mail-in ballots with little likelihood that he’ll have much success. You will hear from Trump that the election was massively rigged, and it’s invalid, and without a revote that isn’t rigged he can’t accept the results. We’ll hear stuff like because it was rigged, he has a duty to stay in office until a real fair election is conducted, an election of course where he sets the terms for what is fair. He’ll resist the voters’ verdict.

The dangerous part is when he calls on his unhinged supporters to take matters into their own hands to “Save America”, which he will likely tweet in all caps. These caravans of Trump supporters of course are already in the news, showing up at generally peaceful protests to inflame tensions and to sometimes inflict violence. All of the homicides at these events, with one exception, have been carried out by these white nationalist Trump supporters. Trump’s been egging them on and we can expect that he will do much more than that after the election. After all, what does he have to lose but otherwise likely spending the rest of his life in prison? He will try to institute martial law, initially in cities with protests. If it works there, he will try to do it nationwide as much as possible, disproportionately targeting cities that lean Blue and ethnic.

We can expect Barr’s Justice Department will largely turn a blind eye, which means we can’t expect justice from our own Justice Department. At best it will be a milquetoast appeal to law and order which of course in Trump’s mind means screw the law and just institute whatever he considers to be order.

Thus, I fully expect the crazies to come out of the woodwork in much larger numbers. The violence we’ve seen so far will seem in retrospect hardly nothing. With more guns than people in our country, and plenty of them in the hands of wannabee paramilitaries, Trump will likely light the fuse. It won’t be a firecracker going off this time, though.

It will become one fraught acme to our long constitutional crisis. These people already have their hands on the trigger so it becomes something of a guess as to what excuse they will use to start what could amount to the first rumblings of a new civil war. At this time what sane leadership that remains in the government will be key. In particular, Secretary of Defense Mark Esper will need to publicly state that troops may not engage in this civil conflict. It will probably get him fired.

If it goes the way I think it could easily go, we’ll see caravans of heavily armed militias wreaking open havoc in cities and against minorities in particular, with local police department probably staying out of the way. It’s not too hard to figure out that minorities in particular will be targeted. Leaders of color will probably seek refuge, with their lives and houses targeted by these groups. But if it gets bad, we could see variants of the Tulsa massacre in many places in this country. It could be that white people like me are sheltering these people in our homes to try to keep them safe.

It’s hard not to play through these scenarios in my mind. Many governors will resist, of course, and deploy their National Guard to try to keep order. But these state-sponsored militias have limits in their ability to control things too.

President-elect Biden can speak forcefully and I am sure will. He can warn these people that his Justice Department will prosecute these crimes to the maximum extent of the law. He can remind Donald Trump that his behavior could result in criminal prosecutions. Trump of course will try to proactively pardon all these violators, including likely himself.

It’s just going to get crazy after November 3. I don’t know what getting prepared means for something like this. What will prove more pragmatic than buying a gun will be buying lots of masks and protest signs because we’re likely to be in the streets a lot. Maybe through our overwhelming presence and the mass concurrence of most of our elective leaders, we can turn this nightmare around before it gets too bad.

Time to buy a pitchfork

So my wife is in a funk. Her dying friend finally died yesterday. Otherwise she is obsessing over the possibility that somehow Donald Trump will win reelection. She doesn’t want to live in a world with another four years of Donald Trump in it. In the event he does win, I hope I can keep her from jumping off a cliff.

While anything is possible, I still believe that Trump is destined to lose, barring some sort of turnaround that is hard to imagine and would probably require Trump getting a brain transplant. Ideally, Trump would lose gracefully but that definitely would require a brain transplant.

Much more likely is that Trump will claim he has won and will send out armies of lawyers to various swing states trying to invalidate mail in ballots and such. It’s also possible that Republicans will ratchet voter disenfranchisement up to 11, and somehow keep ten times as many people of color from voting as they have in the past. Maybe that would do it.

But Republicans don’t necessarily control all swing states, and not all Republican governors are as crazy as Georgia’s governor Brian Kemp. The Supreme Court unwisely inserted itself into the 2000 election, famously flipping Florida’s electoral votes. It’s possible they might do the same and meddle in lots of states. If they do that not only do we need to fear another four more years of Trump, but also we can effectively kiss our republic goodbye.

The party conventions have demonstrated the electorate has not moved. It’s as polarized as electorate as it’s been for many months. We can expect a so-called miracle vaccine in October that Trump will hope to ride to reelection. But voters already seem to expect this scam and at least the educated ones know a vaccine can’t be trusted until it undergoes a much larger clinical trial than can happen before the election. Also, a vaccine won’t be a cure. At best it might offer something like eighty percent immunity, and it’s likely that the coronavirus will keep mutating, requiring new vaccines and boosters over time. Things won’t go back to the way they were before but we will get better at dealing with it and its impact will lessen over time.

So other dirty tricks will likely be tried: doctored photos of Biden and some call girl, perhaps. Basically, Trump has to persuade voters that he can do a better job in the next four years than Biden. Given his track record, it’s no wonder opinions about Trump are largely set in stone by the electorate now.

Moreover, things will just get worse. They already are getting worse. Our president believes the 17-year-old gunman that killed two people in Kenosha, Wisconsin was defending himself somehow, although there is plenty of video evidence that is laughable. It’s a new level of crazy, even for Donald Trump and you know he’s only going to get crazier. Soon he will be openly supporting white vigilante groups. This does nothing to broaden his coalition and might even help fracture it. His supporters have an unusually high tolerance for disbelief, but some small minority of them must retain enough sanity to say “Enough!”

covid-19 deaths will continue to worsen as a second wave begins, with the first wave never really ending. The flu season will add to the mounting casualties and of course there won’t be anything resembling a plan to fix it. He won’t suggest that parents do something pragmatic, like keep their kids from going to school. He’s all for the Silence of the Lambs. Most parents though will keep them home, at least if their school system is stupid enough to demand they keep coming to school anyhow.

So realistically, the best and most likely case for Trump is that he will say the election was rigged and he tried all he could do to unrig it, but the Deep State had it all fixed. So he will, with much bellicose and bluster, eventually accept his defeat. He likes an audience though so most likely he will keep us guessing until the end, while groups of vigilantes supporting him raise occasional violent ruckuses and his Justice Department turns a blind eye to it all. The true impact of his defeat though will be measured in how many Republican casualties go down with Trump’s ship. The size of an expanded House Democratic majority, and a new Senate majority will indicate the real size of the Republican disaster.

So I understand where my wife is coming from. We are mostly fear-based creatures and Trump will pull all the strings, even when it gets comical. I get similar nightmares, but then when I awake I realize the fundamentals of the election haven’t changed and almost certainly won’t change. It will be hard to call the election on Election Night because of all the absentee and vote-by-mail ballots. Since Democrats will disproportionately cast them, it may appear briefly that Trump is ahead somehow. Florida will be the key. It has mail in ballots down to a science. They’ll all be counted by Election night, except perhaps for some overseas military ballots. If he loses Florida, he’s toast. If he somehow keeps Florida, he is most likely toast unless a whole lot of states suddenly flip in unexpected ways contrary to late polls.

As I’ve noted, it’s the time between Election Day and the inauguration that really has me worried. It remains to be seen if the white power structure can peacefully cede power, and Trump will find it his interest to fan the flames. A run to the local hardware store may be in order: I may need a pitchfork.

The coming Democratic blowout

How much does Donald Trump want to win reelection? So much that there is literally nothing he won’t try to win it. The only weird part is that the harder he tries, the more he screws himself.

He’s going for broke, which is sort of the way he’s run the Trump Organization, given its many bankruptcies over the years. He’s only increasing the odds that he will have to deal with many criminal charges and civil lawsuits after leaving office. In addition to his actions being counterproductive to him, they are going to devastate Republican candidates across the board, including in state legislature races.

Literally no other president would even consider doing something so patently illegal as maiming the Post Office. The Post Office has the overwhelming approval of people in all parties. It’s one of the few functions of government specifically written into the U.S. Constitution. Our founders saw a mail service as so essential that it is explicitly chartered as an allowed government service. Since its first postmaster Benjamin Franklin set it up, it’s been largely untouchable.

But to Donald Trump, it’s just something to manipulate to help ensure his reelection. His toady of a new postmaster general has prohibited overtime and removed mail sorting machines from hundreds of mail processing facilities, as well as removed dozens of people from his senior staff with deep institutional knowledge. It’s true that mail volume has decreased and some of this is necessary, but not when Americans are filling the mail system with ballots. Mail is backlogging in postal facilities nationwide and in many cases it now must be sorted tediously by hand by postal clerks who are prohibited from accruing overtime. People, particularly rural people who vote disproportionately Republican, depend on it for critical things like getting prescription drugs and social security checks. How do you think this way play politically for Trump?

But that’s all appears to be expendable to Donald Trump because he’s convinced if ballots can’t be counted because they don’t arrive, he’ll win. It will throw a huge amount of chaos into the election, but it’s unlikely to change any results in his favor. People concerned about their vote counting will probably drive by city hall instead and insert their ballots into the ballot box instead. That’s likely what we are going to do.

Similarly, there are his executive orders. Four were recently issued, but actually only one (the other three were memorandum with little teeth) qualifies. All this is because he and Democrats in Congress can’t agree on a pandemic funding bill. Democrats offered $3 trillion; he offered $1 trillion. Democrats suggested meeting in the middle at $2 trillion and he said $1 trillion and we’re not going any higher. When Democrats wouldn’t take the bait, he issued these “orders” instead, cutting the previous benefits from $600 to $400, of which states had to chip in $100 for unemployed to get any of this money. These states are already running in the red because the economy is down so virtually no states can afford this “system”. Oh, and the money would come from disaster relief funds … no chance of needing some of that money considering we’re having a very active hurricane season, right?

Then there’s his unilateral payroll tax “cut”, but it’s really a tax deferral. The taxes are still owed; it’s just that some employers may stop collecting them. This is very dubious legally, but of course it expands the budget deficit and worse, strikes at the heart of the solvency of the Social Security system. This is something else Trump doesn’t like and this looks like an end around to wound it, but his most staunch voters depend on its solvency.

Most likely Trump will eventually realize he has to strike a deal more to Democrats’ liking. He can hope of course that some of voters’ ire will also be directed at Democrats that can’t come to a deal, but the Democrat’s position looks much more politically tenable than Trump’s. In addition, it’s not like Democrats have been sitting on the sidelines. The Democratic House passed a generous bill back in May, but Senate Majority Leader Mitch McConnell refused to take it up. McConnell couldn’t even create a consensus bill among his own party and effectively washed his hands of the issue.

About half of his conference is opposed to all the deficit spending although not one of them will call for the repeal of their tax cuts for the rich to address the issue. That’s why Trump is left to negotiate with Democrats who are at least reasonably reunited. Naturally he can’t negotiate with Nancy Pelosi or Chuck Schumer directly. He’s got a tiff with Pelosi going, so it will have to be through his chief of staff and Treasury secretary. In the meantime, the unemployed don’t have much if anything in the way of income and most can’t pay their rent and many are likely to be evicted.

Then there is his continued bungling on the pandemic, which is now hitting mostly red states the most severely. He keeps pushing for deeply stupid things that make the crisis worse, which will get much worse when schools start to seriously reopen. Students will transmit the virus home to parents, and pass it on to their teachers and school staff. This will push infection rates even higher into the fall.

It’s a strategy not just for losing, but also for a Democratic blowout. And it’s not hard to figure out why. It’s because neither Trump nor the Republican Party have a clue on how to govern.

Our likely coming post Election Day nightmare

It’s not hard to predict that Joe Biden will win the presidency. It’s even easier to predict that regardless of what the votes are, Donald Trump will dispute the results. It’s also easy to predict that voting will resemble something of a fiasco.

It will be a manmade fiasco. Those who can will want to vote by mail. I know I will. But most states don’t have much experience with vote by mail, and certainly not at the level likely to be seen in this election. It’s unlikely that there will be any money in a next bailout for this effort. But even if the money is there, time is running short for states to put good operational plans in place. We are less than three months until Election Day.

And of course you can count on states that are controlled by Republicans will pull out all other stops to suppress votes from people they don’t want voting. Expect fewer polling stations in communities of color. This is a well-practiced tactic, but there is likely to be even fewer such places this year. And if it’s possible to purge voter roles, Republicans will do so. Trump’s new postmaster general is already prohibiting overtime, leading to delays in the delivery of first class mail. In most states, ballots received after November 3 won’t count. Mail in voters will need to allow for extra time for ballots to be received. Many polling places are in schools, which are likely to be shut down due to covid-19. That will be another excuse Republicans will use to reduce the number of polling places.

Obviously worried, Trump is already busy being proactive. He claims vote by mail will be fraudulent, and claims there is a distinction between it and absentee voting. There isn’t, unless absentee voting means going to city hall a week or two early and voting there instead. That’s not what it meant to Donald Trump, who voted absentee by mailing in his ballot. Trump is already being selective. In states where mail in voting favors Republicans, like Florida, Trump is not concerned, but where it favors Democrats, like in Nevada, obviously that sort of voting should not allowed. Many states have mastered mail in voting, such as Oregon, but obviously their successes won’t change Trump’s opinions.

So what’s likely to happen is that Trump will dispute the results, mostly in swing states where he lost. This will involve two tactics: inciting his supporters to take action legal or illegal (expect lots of paramilitaries trying to occupy certain state capitols), but also through lots of litigation. He will also try to whip up Republicans in Congress to claim that the election was fraudulent. Ultimately though it is up to each state’s Secretary of State to certify the results of its state’s electoral college, which will generally meet in the state’s capital in early December. In 2000 this is what happened in Florida, after the case went all the way to the Supreme Court and sealed the election for George W. Bush.

Past that point the scenarios get scarier. If you remember what happened in 2000, the results of the Electoral College are announced in what amounts to a joint session of Congress, overseen by the president of the Senate, at the time Vice President Al Gore. You may recall the irony of Al Gore declaring George W. Bush had a majority of the Electoral College votes after each letter from the Secretary of State was opened at the session. Gore made Bush’s presidency official.

The scarier scenario is that Trump tries to prevent this from happening, perhaps by surrounding the Capitol with armed troops so Congress can’t meet. While all this is going on, there would be huge protests across the country, but most importantly in Washington D.C.

It’s likely that many of Trump’s paramilitary forces will try to go postal. It’s not hard to envision armed conflict between Trump supporters and protestors, governors trying to use the National Guard to keep order in their states and Trump trying to use his powers as Commander in Chief to overrule them. It’s also hard to see how the Supreme Court does not get involved somehow. Given that Trump is already not bothering to follow court orders, most notably on DACA, it’s unclear whether he will even go along with the Supreme Court’s decision, which is likely to go against him.

The best that Trump can hope from the Supreme Court is that it sees the certifications by certain states as likely tainted and tries to delay the selection of the next president by the congressional process. There are some wild scenarios where a deadlocked Electoral College means that Congress chooses the president instead of the Electoral College, with each state voting as a block. Republicans currently control twenty-six legislatures. This is potentially could be a way for Trump to stay in office, but only if the Electoral College deadlocks, which is unlikely.

Which ultimately leaves the issue to the constitution and law. If the Electoral College has not decided on a president or vice president by Inauguration Day, the Speaker of the House would be the acting president. This will almost certainly be Nancy Pelosi. And she will have to try to clean up this constitutional crisis, likely while our country descends into something resembling low-level civil war. Ultimately it will be our military and whether soldiers follow their sworn oaths that will make the difference. Regardless, Trump’s current term ends January 20 at noon Eastern Time.

Let’s hope it doesn’t come to this. It’s clear that Trump won’t accept any results where he loses. The time between Election and Inauguration Days are likely to be the most fretful and constitutionally challenging on our republic’s history. What it will amount to is whether enough Republicans follow rule of law to force Trump’s hand, and betting on that happening is likely to be a bad bet.

Trumping Trump

It should be obvious that Donald Trump is pulling out all stops to ensure his reelection. We can’t expect him to leave office quietly, regardless of how much he is trounced in the election. He’s been laying a lot of the groundwork already, claiming with of course no evidence that millions of mailed in ballots will somehow be rigged. He claimed that millions of “illegals” voted in the 2016 election with of course no evidence too. In his post-truth world where any evidence that doesn’t agree with his point of view is “fake news”, he can’t be expected to see things objectively. As with his malignant narcissism, we can’t expect him too. He’s no more capable of discerning truth than his false claim that his inauguration had the largest crowds ever on the national mall.

He’s also a president that has no respect for norms and is busy pushing the envelope to the maximum extent. A wannabee dictator, he is running on “law and order” and if that means sending unmarked federal agents to Portland, Oregon to throw protestors into the back of unmarked vans, well, where’s the problem? His buddy Philippine president/dictator Rodrigo Duterte had no problems telling his forces to shoot suspected criminals, screw the legal process. Trump seems compelled to see what he can get away with, and many people are taking notes. We must not allow it.

Portland is just the first city to experience this unwanted policing. It appears these are agents from Custom and Border Protection. They don’t appear to be trying to round up “illegals” but to prohibit citizens from exercising their constitutional rights to protest. It is likely that these agents are not legally allowed to do what they are doing, but like Duterte it doesn’t bother Trump. He is haphazard about obeying courts that strike down his many actions. In short, Trump plays a game of dare me and sees if he will suffer any consequences. For the most part, he won’t. By not removing him in January, Republicans in the Senate effectively put him above the law, at least until he is out office.

We are clearly in uncharted constitutional waters and it’s likely to get worse before and after the election. Trump expects that he won’t be held accountable, so why not push all envelopes? While he’s president anyhow he’s immune from most criminal charges and lawsuits, so he has plenty of incentive to remain. And if you don’t have any scruples, all’s game.

How do we deal with all of this? The answers are largely unknown. It will probably require a lot of intelligent tactics by his opponents. One thing that may help is not to inflame things, which is what Trump wants. Putting unmarked “police” in Portland has already had the obvious consequence of enlarging protests. This gives Trump an excuse to add more police and to keep upping the ante. There is some logical limit as the number of these police is limited. Too much civil unrest though could give Trump the excuse to deploy active duty troops to “keep the peace”, which is not legal but again that’s wouldn’t stop him.

So protesters can help by reducing tensions. This is not forever. We are closing in on three months until the election. Some of their tactics so far are at least innovative: a “wall of moms” and a Naked Athena confronting police. The optics of his forces tear-gassing moms is very bad. Trump feeds on conflict, so the less of it that presents itself; the likelier he is to find other things to distract him. Trump needs plenty of distractions because without them it’s easier for us to focus on the 140,000 or so who have died due to his bungling of the coronavirus outbreak, or the double-digit unemployment.

Trump is destined to lose massively in November, and bring down much of the Republican Party with him. So the real question is whether he can still retain power somehow. Legally, it’s moot. At noon on January 20 unless he wins reelection he is no longer president. Whether President Biden is sworn in our not, Biden would be president. If Biden died unexpectedly, his chosen VP would be president. It would then fall to Nancy Pelosi, assuming she retains her title of Speaker of the House. So the only issue is whether Trump could pull off some sort of coup.

Thankfully, the answer is likely no. Anyone who acted for him will be in violation of the law, as their terms expires when his does. It is true that our military in general leans more to the right than the left, but a true occupation of government would require the military’s active consent. Given how huge the country is, it’s hard to see how it could be carried out. Occupy all fifty state capitals too? There is no reason to think the military would do anything other than what they’ve always done: follow the orders of the Commander in Chief.

But as I have noted before, we can assume it will get very ugly and Trump will pull out all stops. It’s possible a massive vote against him will force him to accept reality, but given his condition it’s unlikely. So it will amount to his followers abandoning him. His cabinet won’t want to serve an illegal administration and risk criminal charges. Republicans in Congress are likely to abandon him too. No one really likes Trump, so he will be abandoned.

That won’t mean he won’t press his hardcore supporters. White guys with guns are likely to make shows of force here and there and they likely can’t be brought down until Trump is out of office. It might take the armed forces to find and kill these insurrectionists, leaving Biden with the worst possible mess to try to clean up. The period between Election and Inauguration Days are likely to be the most politically fraught and dangerous in anyone’s living memory.

The country should survive it somehow, with lots of trauma. Hopefully enough of the rule of law will remain to hold accountable all those who encouraged and ordered these events. Unlike President Ford, President Biden should not use his pardon powers to clean things up. Instead, the fundamental weaknesses in our constitutional system need to be addressed through appropriate legislation that hopefully a Democratic congress will provide.