The Trump circus may be over

You wouldn’t know it from all the trepidation from elected Republicans, but it looks like Republicans are starting to move past Donald Trump. In a recent NBC News poll, when Republicans were asked which they supported more, Trump or their party, 44% said Trump and 50% said their party. The Party of Trump seems to be slowly de-Trumpifying.

Why then are Republican Party leaders so scared? It’s likely because Trump is a master bully. However, Trump simply doesn’t have the microphone he used to have. He’s largely banned from social media. He may make an occasional appearance on a conservative talk show, but even Fox News seems to be putting him in their rear view mirror.

Trump also seems to be losing interest in being at the center of attention. The pattern of daily life at Mar-a-Lago must be appealing to him: the daily eighteen holes of golf and his gold-leaf office in what used to be the wedding chapel. In any event, it used to be easy for him to command attention. He had Twitter. He was president. Now he largely stays at Mar-a-Lago and if he has something to say, even his supporters aren’t hearing much about it.

I’ll bet he’s still drinking a lot of Diet Coke, but probably resents having to pay for it. In any event, the nonstop tweeting must have been exhausting, even for Trump. Just because you have a narcissistic personality disorder doesn’t mean it’s an easy condition to deal with. Likely some part of him is glad to no longer be president and to have a much simpler life.

It may also be that Trump is running nervous. He doesn’t have the legal protections he used to. He incited the January 6th Capitol rioters. It would not be too hard a case to prove if a criminal or civil case was made of it. Civil cases are probably coming, but the criminal ones are doubtlessly more worrying. He may be heeding advice from counsel for a change to lie low.

Granted, it sure appears that even though Republicans may be de-Trumpifying, many still believe that his reelection was somehow stolen from him. Republicans in Arizona are trying to get possession of all the votes cast in Maricopa County to have them examined by their own forensics firm with no actual experience in forensics. One hopes saner heads will prevail because once they have access to the ballots with no open auditing of their process, they can be massaged any way that fits Arizona Republicans’ narrative. The votes have already been audited a number of times with no fraud found. They just didn’t give the results Trump and Republicans wanted.

It’s not too hard to figure out. Trump never was a popular president. His approval rating never got above the mid 40s. He left office with 40% approval and his approval level is now in the thirties. Trump’s election was something of a fluke, but four years of Trump never enamored him with the general public. If Trump is serious about running again in 2024, it’s hard to see how he could win without a huge amount of voter disenfranchisement, which Republican legislatures seem all too happy to implement. Trump has branded himself with Americans and they really despise his brand.

Or it could be that Republicans are slowly moving on. That doesn’t mean they haven’t embraced most of Donald Trump’s ideas, but hearing less from Trump means he’s not their constant focus of attention. Voter suppression to win elections is not a great strategy. Also not a great strategy: refusing to wear a mask. It just speeds up the process of reducing the number of Republicans out there.

I find Rep. Lynn Cheney (R-WY) pretty reprehensible, but she is one of the few Republicans in a position of power speaking out against Trump. So far at least she hasn’t lost her position in the Republican House leadership. Her fundraising seems to be steady. Fearlessly speaking out against Trump is risky but has a potential upside in that it distinguishes her in the future as someone willing to tell the truth. She is primed to benefit if Trump’s popularity proves fleeting.

Because even with voter suppression, Republicans who haven’t lost their minds know they don’t have a good hand, and Trump is weighing them down. They can’t do much to appeal to independents while Trump is controlling the party, simply because they don’t have an appealing message to independents, who tend to align more with Democrats and Joe Biden, perhaps in reaction to Trump.

Maybe even most Republicans are tired of the Trump show and want to move on. As one person polled by NBC News put it:

The best thing about Joe Biden (as president) is I don’t have to think about Joe Biden.

Amen, say most Americans, including, I suspect, now even a majority of Republicans.

Republicans: freedom isn’t what you think it is

Dr. Anthony Fauci is a model civil servant, simply telling the truth about infectious diseases as best he can, most recently of course about our covid-19 pandemic. Yet he is constantly being sniped at by Republicans, today by Rep. Jim (“Gym”) Jordan (R-Ohio). Rep. Jordon grilled Dr. Fauci, asking him when Americans will get their freedom back. He wants to take his mask off! If he can’t, his freedom is being violated!

Freedom. In the immortal words of Inigo Montoya, “You keep using that word. I do not think it means what you think it means.”

Jordan seems to think that freedom means doing anything you want whenever you want, damn the consequences. Of course most of us spend much of our day abiding by various rules that limit his definition of “freedom.”

For example, you put on your seat belt before driving your car. You avoid driving through red lights and stop signs. Most likely you buy an auto insurance policy before driving your car so if you are at fault in an accident, the victim can at least be compensated. Laws are constraints on unrestrained freedom that we agree are reasonable and must be obeyed. Of course, you are free to violate the law, but you face the likelihood of paying a penalty if you do. We have the freedom to do things that aren’t against the law whenever we want without worry that we’ll be arrested for it. Well, unless you are a black driver and a cop pulls you over for having an air freshener blocking your rearview mirror, and you end up dead when he freaks out and supposedly mistakes his pistol for a taser.

Most likely Jordan is free to walk outside of the Capitol and if he is not within six feet of another human doff his mask. He is also free to resign from Congress. Staying home all the time, he’s free to live mask free inside of his house.

But Congress, like state and local governments, have its laws and rules too, rules you agree to as a condition of winning office. In most communities, public health officials, mayors or governors are allowed to make people wear masks as public safety measures. Obviously, some of them like Governor Ron DeSantis agree with Jordan’s idea of freedom. In many cases, this freedom to walk around maskless allows someone to pass on covid-19. This inconveniently takes away their freedom to be free of covid-19. It’s for this reason that I generally wear a mask outdoors, but certainly anytime I’m around people other than my wife.

Freedom of course is not free. It’s not free for the person who inadvertently acquired covid-19, and someone exercising their idea of freedom might cost someone their life. Are you free if dead? Well, you are free of the disease, but true freedom requires being alive as a precondition. If you are dead, you aren’t controlling anything, except perhaps how well the grass grows above your plot.

During the smoking wars, we nonsmokers thought it was perfectly reasonable that we should not have to breathe in toxins of nearby smokers. It took decades to change the law and smokers grudgingly gave up their freedom. I remember a time about forty years ago when I didn’t have this freedom. In the office nearby workers smoked openly even though I asked them not to. I came home reeking of tobacco.

So far I haven’t gotten lung cancer, so I am probably safe. But if I had spent all forty years of my career forced to breathe in secondhand smoke, I might very well have lung cancer. The law eventually came to my rescue.

For the most part, masking requirements are settled law too. The right officials can require you to wear masks in many situations, but only for the duration of the pandemic. When the public health emergency goes away, or dies to the point where it is a very minor risk, that’s when you get your freedom to go unmasked back again. So the best thing Jordan can do to get his freedom back as quickly as possible is to wear his damned mask!

You would think you wouldn’t have to tell this to a lawmaker. By definition, a lawmaker should at least understand what laws are and why they are necessary. Rep. Jordan though is hardly alone, or hardly the only one. Republicans you see claim the right to define freedom selectively: they’re free to do something when they decide they want to.

The law doesn’t work that way. That’s the very definition of the law. Any law is a real or potential restraint on someone’s freedom. Otherwise there would be no reason for having laws in the first place. Rather than have a government, we’d just have anarchy.

The correct response to Rep. Jordan was exactly what Rep. Maxine Waters told Jordan at the end of his tirade: ”Your time expired, sir. You need to respect the chair and shut your mouth.”

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.

An adult in charge

And that’s basically it. One month from today, we’ll have an adult in charge of our country again.

For four years Trump has run the government as if Dennis the Menace were in charge. He was aided and abetted by the Republican Party, but make no mistake: The Republican Party itself didn’t want Donald Trump. They just discovered that they had no choice. Trump crashed their party so it was either adapt and be his fawning sycophant or do what only a relative handful of Republicans did: become Never Trumpers. Coincidentally they are also no longer Republicans, because the Republican Party is now basically the Trump Party.

It was crazy while it lasted, but in a month the party should be over. You know it’s still crazy because Trump sure appears to believe that somehow, he will still be president after noon on January 20. Too many Republicans in Congress are still afraid to state the obvious. I mean, the Electoral College voted last week so that’s that.

Well, not quite. It’s likely Trump believes that when the certification gets challenged in Congress on January 6 that somehow that verdict will get undone. Or there’s the less subtle route. Last Friday, Michael Flynn — his short-lived national security advisor who Trump pardoned — along with attorney Sidney Powell reportedly tried to talk Trump into a military coup. Just until the election could be rerun properly, mind you; “properly” meaning Trump is declared the winner, the only possible correct result.

It sounds like our next attorney general will have new charges (sedition) to file against Michael Flynn. Anyhow, for reasons I discussed in an earlier post, a coup is extremely unlikely, in part because it appears the military voted overwhelmingly for Joe Biden. But also because the military swore an oath to uphold the Constitution, not the president. So did Trump, but Senate Republicans decided that it didn’t matter when your party is in charge.

Anyhow, one of the few things that made me feel better since the election was to watch our president elect behave, well, presidential. He’s busy doing the stuff that presidents traditionally do before they take office, albeit with fitful cooperation from the Trump Administration. Even Senate Majority Leader Mitch McConnell has finally acknowledged the obvious. Frankly, for all his words, I suspect McConnell is secretly relieved that Biden will be the next president. At his heart, McConnell is an institutionalist. Trump wanted to blow up the government. McConnell knows that is reckless; indeed, the surest way to get Republicans out of power is to blow it up. Institutions he cares about, like a conservative-leaning Supreme Court, can’t have much sway if government no longer exists. Also, he could be replaced with someone Trump would prefer more.

Biden’s picks so far have lived up to his promise to create an administration that reflected our diversity. It’s pretty breathtaking, really. Barack Obama’s administration was certainly reasonably diverse, but it was still mostly full of insider white guys. Frankly, had Bernie Sanders somehow won the presidency, I doubt his picks would be as diverse as Biden’s. They would definitely be more progressive, but I doubt we’d have an Interior secretary nominee who is Native American, a sign that Biden truly gets it. An insular figure like Trump would wreak havoc on his political opponents; Biden is wise enough to bring them along and put them to work, making them vested in the outcome.

Biden is smart enough to know he doesn’t know everything, and that he can only be effective through others. Trump never understood this at all; he values only subservience and loyalty. Only someone who has led a completely insular life where they never were accountable to anyone like Donald Trump can think they will always know more and be smarter than others. In his own way, Biden is creating another Team of Rivals, similar to what Barack Obama and Abraham Lincoln did. The ramped-up diversity in Biden’s picks brings out more opinions and perspectives. The effective president spends most of their time listening, not giving orders. In short, Biden’s approach so far is very smart and bodes well for his administration.

Biden also understands that government and business are two completely different spheres and they really don’t mix. Trump’s term has pretty much proved this; he saw the presidency as primarily a way to satisfy his own ego while hopefully profiting from it as well. Government is in the business of serving the people, not the other way around.

Now if we can just get through this final month. Biden is not even president yet and already has a 55% approval rating. Trump never broke fifty percent and spent most of his time in the low forties. Citizens can smell competence, which Biden has aplenty. He may not be the president we want, but it sure looks like he’ll be the president we actually need for this moment.

Time to draw a line in the sand on Republican traitors

Before the election in a number of posts I said that the time between Election Day and Biden’s inauguration would be one of the most challenging constitutionally for our country we’ve ever experience. I outlined many scenarios on how it could play out which I placed in many posts. There were too many variables in the election to know precisely how it would play out, but so far, I at least feel vindicated in my general assessment of this interregnum – not that it was too hard to figure out.

We are amidst the curse of living in interesting times. One of the challenges though of times like today is to figure out how to successfully navigate them so that better times (rather than chaos) lay ahead.

I figured we’d be in the streets at the moment, but right now it’s Trump supporters who are in the streets … and in the courts. Thousands of Trump supporters are in the streets of Washington, D.C. as I write, shouting for four more years of Donald Trump. It’s their constitutional right to protest and providing their protesting doesn’t lead to violence they should vent their spleens. They are protesting because they believe that Trump’s loss was stolen from them, even though after fifty lawsuits not one of them has produced any evidence that judges could accept. Just yesterday the U.S. Supreme Court in a unanimous decision seemed to put an end to it all, refusing to hear a case from Texas asking the court to overturn the results in four key states that voted for Joe Biden.

But of course, that won’t quite be the end of it. Monday the Electoral College votes in the fifty states plus the District of Columbia and certifies their electors. One of my fears is that Trump would put the U.S. military around some of these state capitols to keep the electors from doing just this. We’ll see if this happens. But it’s likely when Congress opens the votes on January 6, 2021 there will be objectors. This ain’t over until it’s over. Like Nixon’s helicopter scene, we won’t really know Biden is president until he is sworn in and a military attaché with the nation’s nuclear codes is by Biden’s side.

But it probably won’t be over even after then. We don’t know yet the results of Georgia’s two senate seat elections, but it’s likely if Republicans maintain a majority of senators that Mitch McConnell will be pressed to obstruct as much of the Biden Administration’s agenda as possible, possibly including refusing to vote on most of his cabinet and other choices. Indeed, Trump is likely to try to run a shadow presidency from Mar-a-Lago or wherever he ends up. I’ve suggested it might be Russia once the lawsuits and criminal charges are filed. Trump will demand attention and it will be up to us and the media to keep granting it to him or not.

Friday’s Supreme Court decision tossing out Texas’s case, joined by more than a dozen Republican state attorneys general and 120 Republicans in Congress, proves beyond a shadow of a doubt that the bulk of Republicans don’t want democracy and would prefer an autocracy where they are in charge instead. By signing on to this suit, they publicly engaged in sedition against the United States. It is this action that I think must be challenged. An implicit line in the sand was drawn that was stepped over when Republicans joined wholeheartedly in this effort. Now another and enforceable line in the sand should be drawn: The House of Representatives should not seat any member of Congress that seditiously joined in this lawsuit.

It’s been done from time to time. My brother today reminded me that we have a great uncle who wasn’t seated in the U.S. Congress in 1869 after the Civil War because his loyalty was questioned as a Democrat. The House, like the Senate, sets its own rules and it can simply refuse to seat representatives by a majority vote. Most of these representatives are already in Congress and won reelection. All of them, like Donald Trump, swore to defend and protect the Constitution of the United States. Their actions of sedition and treachery though prove through their signatures that they didn’t live up to their sworn oaths when it mattered. So, I say, refuse to seat the whole lot of them! Let that be democracy’s line in the sand. Let that be how we rise to the moment.

It can be done. Democrats control the House, even though they lost seats, so if Democrats stay united on this it can happen. The U.S. Constitution specifically allows each house of Congress to set their own rules. The rules for the current Congress have been set, but the rules for the next Congress have not. Refuse to seat them and require that governors of the many states send interim replacements, but only those who will swear fealty to the Constitution of the United States and publicly avow that they will not subvert the will of the people expressed through the voting process.

Of course, I’m not unmindful of the backlash this would cause. It’s hard to believe that it would be much worse than what we’ve already endured. But we need to think of the future and protect the most important thing of all: our republican form of democracy and our constitution and the many laws derived from it, including our freedoms. This is no time to be weenies about our democracy. It’s a time firmly avow by taking all necessary action to ensure nothing like this can happen again. In 2024, it should be simply unthinkable because of the emotional shock that we inflict now.

The most charitable workaround would be to seat those members who publicly disavow their actions at the House podium and promise to never subvert the electoral process or our constitution again. But I wouldn’t want this. I think they should all be permanently unseated. The price of their treachery must be borne. They should feel lucky if the least that happens to them is that they never take their seats. I would hope the Justice Department would look into seeing if any criminal charges apply and if so to go after these miscreants aggressively.

Republicans don’t believe in either democracy or republican government

It’s taken two and a half weeks, but things have finally reached the totally alarming phase of our post-election madness. With just a couple of exceptions, all Republicans in our federal government seem to be aiding and abetting the corruption of our election and ending our democratic government as we’ve known it.

The good news is that Trump and the Republican Party’s tacit acceptance of his tactics stand little chance of achieving the goal of somehow reversing who will be our next president. The bad news is that if we harbored any illusions that Republicans were not a wholly corrupt party, it’s been blown away by recent events.

Today, Trump has members of the Michigan Republican legislature at the White House to persuade them to somehow give Michigan’s electoral votes to him instead of Joe Biden, who won a majority of them. In reality there’s not much Michigan Republicans can do. The same is true in Arizona, Nevada and Georgia, all key states whose votes would need to somehow swing into Trump’s column to pull off this electoral coup. To do what he wants done would have required mendacity and a lot of preplanning. Trump has plenty of mendacity, but almost no ability to plan anything.

The same can’t be said about Republicans in general and Senate Majority Leader Mitch McConnell in particular. For more than thirty years they’ve executed an arguably brilliantly devious and mendacious plan to give Republicans disproportionate electoral impact. It’s been done through gerrymandering to the extreme, wholesale voter disenfranchisement strategies, and abetted by a conservative Supreme Court that said those predominantly southern states didn’t need preapproval by the federal government anymore before changing their voting laws and apportioning legislative districts. The Supreme Court said it was a relic of the past. What Trump is doing today in the White House is proof of how catastrophically wrong this decision was. Our courts have gotten so conservative principally because the Senate has been largely controlled by Republicans and Mitch McConnell, and they won’t approve any but the most conservative jurists.

Democracy is the direct rule of the government by the people. You can still find it here in New England, where major decisions are made by whoever attends periodic town meetings. Republican government means allowing the people to vote for representatives, who hopefully reflect their will in local, state and federal legislatures.

Gerrymandering and voter disenfranchisement have been extremely effective in muting the powers of certain voters. It takes extraordinary civic engagement, like we saw in the recent election, to overcome its effects. The Electoral College offers an additional hurdle by giving rural states disproportionate power to select our president.

As Trump’s actions today prove, even that high hurdle is not a bar too far for our president and Republicans in our government to corrupt. Trump’s efforts though are very last minute. A more mendacious future Republican president or presidential candidate won’t make these same mistakes.

I had hoped that this election would bring the end of the Republican Party. I’m likely to be proven wrong on this. Instead, the election is demonstrating just how deeply polarized our country is and how for most Republicans there is no bridge too far for them to cross to achieve their goals. The so-called Law and Order party has no respect for the law, and the only order they will allow is order they declare.

All of this points to how fragile our system of government actually is at the moment. It also shows beyond a shadow of a doubt that Republicans don’t want a republican form of government. They want total control. They don’t want to brook or allow any dissent. They are completely happy with an autocracy, as long as the autocrat is one of their own. Apparently, Trump will do fine.

All this points to a nation that is likely to become increasingly ungovernable as there will be virtually nothing both parties can agree on. The job of one party will be to wholly obstruct the other. And at least for Republicans, rules and the law be damned. It’s all completely fair as long as it works to achieve their aims.

So, I expect we will be marching in the streets. It’s just going to happen later instead of sooner. We’re going through a slow-motion national train wreck. And we’re doing it as the worst possible time, with one party wholly corrupt, with a court system holding but teetering, with a pandemic rapidly worsening, and a president who will obstruct any action that would allow for a peaceful and planned transition of government to Joe Biden.

God help us.

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.

No shortcuts to controlling covid-19

Early in the Trump Administration, presidential adviser Kellyanne Conway coined the term “alternative facts”. The term that could have come out of George Orwell’s book 1984. By definition a fact is not disputable, but Ms. Conway made them so. Apparently, if actual facts won’t provide the answer you need, you invent another fact instead.

Since then the Trump Administration has been inventing all sorts of alternative facts, otherwise known as lies. And with the exception of a small group of die-hard Never Trumpers, Republicans have embraced Trump’s truthiness. It does solve a lot of messy problems, like having to admit reality is, well, real. Decide on your new reality and move forward. Problem solved!

But their world of alternative facts is crumbling. You can deny reality if you want, but at some point it cannot be denied. In canceling the Republican convention, Trump was acknowledging reality that getting covid-19 is in fact a lot worse than getting the sniffles; in fact it can kill you. Rather than tell Trump he was full of crap, Republicans simply decided they weren’t going to his convention. So to avoid humiliation not to mention all the covid-19 cases that would invariably result, Trump had to cave.

Obviously, most Republicans are perfectly fine with those other people getting covid-19, but not them in particular. After all they can stay in their gated communities and buy their kids private tutoring if needed. That’s true of most Republicans who control the party, but obviously not all of them. Many of them aren’t quite so moneyed.

Here’s a prediction that’s pretty easy to make: virtually no school district in the country will open for in-person classes this fall. All it takes is one kid in a school district to test positive to close the schools. In the unlikely event a school superintendent won’t; parents will make the choice for them. They won’t put their children in jeopardy and will keep them home.

So far, Florida Governor Ron DeSantis is continuing to buck the trend, insisting that all Florida schools will reopen on time in a few weeks. But he will buckle like Trump did because actual facts will force him to do so. He looked so popular when the state’s infection rate was relatively low but obviously that has changed. He’s already more unpopular than Trump is in the state. Assuming he wants to win reelection in a couple of years, he’s got to pivot. He will, but it’s unclear whether voters will forgive his insistence that their kids were fair game in Trump’s world of alternative facts.

Like the Wicked Witch of the West, the Republican Party is melting. Reality is catching up with the party. Donald Trump is melting too, and bringing down much of the party with him. In many ways, this is a perfect political storm. As much as Republicans hoped to escape reality by inventing their own facts, reality won’t bend. The coronavirus will keep doing what it is doing and will kill people regardless.

False hopes like herd immunity and throwing caution to the wind won’t do much beside leaving many more of us dead or victims of the disease. Restarting the economy hasn’t saved us. In fact, it’s made things much worse, prolonging the disease, greatly enlarging its impact and slowing our recovery, putting us at a competitive disadvantage to other more enlightened countries.

It’s actually a lot worse than that. Effectively, no Americans can travel internationally until we contain the virus. Even traveling state-to-state is chancy. If you wanted to visit me in Massachusetts, after August 1 in most cases you would have to self quarantine for up to two weeks before or after coming or get a covid-19 test showing no exposure within 72 hours of arrival. If you don’t quarantine before coming, you must also produce a negative exposure test to get out of quarantine. There’s even a form you have to fill out. Violations can cost up to $500 a day.

It appears that the coronavirus won’t listen to all the truthiness out there. Let’s hope one result of all this mess is the end of truthiness and alternative facts, along with the Republican Party.

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.