Category: Voting Issues

Trump’s Subversive Ploy

The Daily Escape:

Sunrise, Mauna Kea, HI – 2020 photo by laramarie27

When the joint session of Congress begins on Wednesday at 1 pm, all eyes will be on VP Mike Pence. He has a ceremonial role with just three duties: Open the states’ envelopes, hand them to tellers to count, and announce the winners.

  • Article 2 of the Constitution dictates that the president of the Senate, (Mike Pence) shall open the envelopes that contain the electors’ votes and the certifications from every state. Then it says that the votes shall be counted, but it doesn’t specify how. So Congress remedied that with:
  • The Electoral Count Act of 1887 along with subsequent statutes are designed to minimize the role of Congress in election disputes, giving that responsibility clearly to the states. The Act specifies the procedures states should follow to resolve disputes, how they should certify the results, and the fact that each state’s governor should send those certified results to Congress.

If those procedures are followed, then those certified electoral votes will be counted. But in Trumpland, things are always different.

At the joint session, as Pence opens each state’s envelope (in alphabetical order), he hands it to four tellers— two chosen by the Senate, two by the House— who then count the electoral votes inside and keep a running tally. The objections in writing to a particular state’s electoral votes by a member of the House and a member of the Senate must happen prior to beginning the counting process for the next state.

Sen Ted Cruz (R-TX) announced that he’s going to object to Arizona’s votes. Arizona is third in alphabetical order, but no Republican will object to the votes from Alabama or Alaska since Trump won both states. Expect a few Republican House back-benchers to join Cruz.

There will likely be objections to the votes from Arizona, Georgia, and Pennsylvania, and maybe more. The Representatives and Senators will then retreat to their respective Houses, debate the objection for up to two hours, then vote on it. And this will happen for each state that Trump is trying to overturn the electoral vote results.

At the conclusion of this kabuki play, we will get a definitive count of Republicans who are happy to undermine democracy on the basis of lies, conspiracy theories, and grifting. This should be the easiest vote of their careers: simply doing their Constitutional duty. But, as Michael Gerson says:

“They not only help a liar; they become liars. They not only empower conspiracy theories; they join a conspiracy against American democracy. They not only excuse institutional arson; they set fire to the Constitution and dance around the flame…..they are no longer just allies of a subversive; they become instruments of subversion.”

Settle in for at least a day (possibly two) of tediousness.

If there were no objections, then after the tellers counted all the electoral votes, they would hand the results to Pence, who would then be required to announce the names of the winning president and vice president. In this case, Joe Biden and Kamala Harris.

But on Wednesday January 6, 2021, roughly half of all the elected Republicans in the federal government will vote to overthrow America’s democratic system. Republicans have not only decided Democratic victories are illegitimate, this is now their playbook for prosecuting their case.

They have been getting progressively and more conspiratorial and transparently undemocratic. Their behavior in these final days of the 2020 election cycle shows that there is no limit to how far they can go.  So they will go farther. They always do.

They’ve decided it’s to their advantage to blow up our democratic system and assert that no election is valid unless they win it. That’s where we are today. Sadly, it’s also likely where we’ll be in Georgia Tuesday night after the polls close, and before the final tallies are in.

Objections have happened before. It’s not a big deal, but it becomes a big deal when one Party turns the vote certification process into enough of a circus that people believe the election was stolen.

Unfortunately, that ship has sailed.

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Monday Wake Up Call – Sedition Edition, December 21, 2020

The Daily Escape:

Arches NP – photo by Jack Bell Photography

Maggie Haberman of the NYT reported the scary details of a meeting at the White House on Friday. During the meeting, Trump tried to hire Sidney Powell as special counsel to continue the investigation into Trump’s claims of voter fraud. He also asked advisors about declaring martial law, an idea floated by Michael Flynn, the general he recently pardoned.

The meeting’s attendees included Powell, Flynn, and Rudy Guilani via phone, along with White House counsel Pat Cipollone and Chief of Staff Mark Meadows. In addition to talk of martial law and Sidney Powell obtaining special counsel status and a top-level security clearance, Giuliani floated the idea of Trump issuing an executive order to commandeer Dominion Voting Systems voting machines. Giuliani had previously called Ken Cuccinelli, number two at the Department of Homeland Security (DHS), and asked him whether DHS could seize voting machines. Cuccinelli said that DHS didn’t have that authority.

Haberman reported that Meadows and Cipollone strenuously and repeatedly objected to these suggestions, saying they had no constitutional basis for going forward. Apparently, the meeting lasted several hours, and things got pretty heated. More from Haberman:

“The meeting got raucous, with various administration members drifting in and out and different people arguing. Powell told others they were quitters…”

The Washington Times, a right-leaning newspaper in DC reported that on Saturday, the military said it wants no part in the martial law discussion. Army Secretary Ryan McCarthy and Army Chief of Staff Gen. James McConville said in a joint statement:

“There is no role for the US military in determining the outcome of an American election,”

This shows how weak our government really is. With the right people supporting Trump, he could have attempted a military coup and overturned the election. This also shows how seditious Trump has become in the wake of his election loss. Thinking about, and possibly calling for, troops to stop a democratically elected president from taking office have taken his voter fraud claims to a much darker and militaristic place.

Since Trump has been thinking about suspending the Constitution and invoking martial law to overturn the election, he and his associates are committing seditious acts that should be treated accordingly.

America needs to make the price Trump pays for thinking about sedition higher than his price for accepting Biden’s win.

Now would be a good time for Biden to state publicly that attempts to violate election laws, or undermine democracy through overt and/or covert acts will be investigated by his DOJ, and that they will go wherever the evidence leads.

There are practical problems to think about: how will the incoming Biden team deal with a Trump administration that simply won’t agree to leave? Trump has stooges at the Department of Defense and the Justice Department. The Pentagon has already called a halt to transition activities, ostensibly until after Christmas, but who really knows?

What if Lloyd Austin, Biden’s new Secretary of Defense shows up at the Pentagon, and is denied entrance? Who does Biden appeal to? Trump? What happens when Trump refuses to take Biden’s call?

Does Biden ask the DOJ to step in? Trump’s stooge is sitting there as well. Does Biden ask the Supreme Court to intervene? What happens next?

None of us have any idea what’s going to happen between now and January 20th, but we need a concerted effort to strengthen the guardrails of our democracy. Trump has exposed just how weak our safeguards are.

The US is one month away from inaugurating a president who will follow established norms and conventions. There’s one more month for Trump to try martial-lawing his way out from under the nastiness that awaits him upon his leaving MAGAstan.

Time to wake up America! Trump has already tried several non-military coups, from trying to influence state electors, to multiple lawsuits attempting to throw out election results. It’s not really a question of what Trump is willing to do. And he’s not going to give up. We left “peaceful, dignified transfer of power” behind several weeks ago.

It’s now a question of how many people in our government institutions won’t play along with his coup. To help you wake up, have a listen to Leslie Odom Jr. perform “Winter Song”, featuring Cynthia Erivo.

The lyrics were written by Sara Bareilles and Ingrid Michaelson:

 

 

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Saturday Soother – December 12, 2020

The Daily Escape:

Sunset, Cathedral Spires, Black Hills SD – 2020 photo by Max Foster

We’re stumbling into another December weekend without a bailout package for those who are still unemployed in the pandemic. The WaPo’s headline says it all: “More Americans are shoplifting food as aid runs out during the pandemic.” This is caused at least in part, by people going without jobs or unemployment insurance while waiting for the Senate and Mitch McConnell to come up with a bill that provides Americans the aid they need.

But the biggest news of the week was that the Supreme Court declined to hear the case brought by Texas asking the Court to overturn the results of the 2020 presidential election and declare Trump to be the winner. The Supreme Court wrote:

“The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot,”

In case you’re wondering, Trump’s three new appointments didn’t support hearing the case. Whoever talked Trump out of appointing his kids, Eric, Ivanka and Junior to the Court had better lay low for the next few days. The Supreme Court deserves credit for rejecting an attempt to destroy American democracy, but many of those Republicans who joined the lawsuit, deserve our harshest judgment.

Adam Sewer of The Atlantic tweeted:

People have argued that because Trump hasn’t overturned an election, that we can now relax: The “system worked”, there were no tanks in the streets. But Republicans chose sides this week. More than half (126) of the Republicans in the House of Representatives signed onto Texas’s failed lawsuit, along with 17 Republican attorneys-general. Republicans must own up to their anti-democratic actions.

Once this is over, and Trump is living in Florida and is acting as president-in-exile, we’ll need to hold all of his seditious minions accountable. Unsurprisingly, this failed lawsuit came from the Party that claims to oppose “judicial activism.”

But enough of all of this big news, Wrongo was attracted to an Ars Technica story that reported on researchers teaching lab rats to drive little electric cars. The research was aimed at learning what effect the environment a rat was raised in had on its ability to learn new tasks. The team, led by Richmond University professor Kelly Lambert, decided to teach them to drive not just navigate another maze.

But if you’re going to teach rats to drive, first you need to build them a car (an ROV or, Rat Operated Vehicle). The chassis and powertrain came from a robot car kit, and a transparent plastic food container provided the body:

The controls were three copper wires stretched across an opening cut out of the front, with an aluminum plate on the floor. When a rat stood on the plate and gripped a copper bar, a circuit was completed, and the motors engaged: one bar made the car turn to the left, one made it turn to the right, and the third made it go straight ahead. Sounds hard, but it didn’t take long for the rats to learn how to drive. Their goal was to drive the car to a food treat.

The rats had three five-minute training sessions a week for eight weeks, and they learned to drive!

The placement of the treat and the starting position and orientation of the car varied, so the rats had a different challenge each time. At the end of the experiment, each rat went through a series of trials, conducted a few days apart, where they were allowed to drive around the arena. One experiment had them driving without food treats, to see if they were only doing driving to get food.

Some who were quicker to start driving continued to be more interested in driving, even when there was no reward beyond the feel of moving without using their feet.

Uber is excited by this news and may try to replace human drivers. It’s their Holy Grail: drivers that do it for the love of driving and don’t ask for pay, benefits, or even treats.

On to the weekend! We’re finishing up the Christmas decorations in the Mansion of Wrong, although there will be very few visitors this time. So grab an ornament, and listen to the Dave Brubeck Quartet play “Take Five” from their 1959 ground-breaking album, “Time Out”. The tune was written by Paul Desmond, here on alto saxophone, Brubeck on piano, Teo Macero, drums and Eugene Wright on bass. Have a martini on the house:

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Trump’s Real Plan is Working

The Daily Escape:

Snow in the Bigelow Preserve, Stratton, ME – December 2020 photo by CaptainScrummy

So you think that America will cruise in to the acceptance of the Electoral College vote by a Joint Session of Congress on January 6, and Trump and the millions of members in his Lost Cause will just fade away? Think again:

The past four years have been a train wreck, and Trump has been the conductor.

In one way, Trump’s attempted soft coup is failing. After all, his hand-packed Supreme Court wouldn’t hear the case designed to overturn Pennsylvania’s election win for Biden. Yet, as the tweet above shows, Trump’s continuing effort to poison our voting process may yet lead to some terrible things.

But, is PA Sen Ward telling us the truth? Does she really fear Republican partisans? Or, is this an ex-post excuse for doing what they all wanted to do anyway? WaPo’s Greg Sergeant makes a good point:

“What matters is that many of them (Republicans) are entirely willing to support specific concrete actions to steal the election on Trump’s behalf.”

Aaron Blake notes that state GOP officials so far have overwhelmingly sided against Trump’s voter fraud claims, when they are forced to decide. But as we showed on Monday, Republicans are keeping their powder dry waiting for the House and Senate meetings to accept the Electoral College votes: (brackets by Wrongo)

“…just as notable as the lack of Republicans willing to say Biden is the president-elect is the lack of buy-in on Trump’s claims from other Republicans. They…have a choice to make if their colleagues press the issue, [by arguing against acceptance of the Electoral College vote at the January 6 joint session of Congress]”

Jonathan Last makes it clear what’s going on:

“Everyone laughs at how stupid the Trump lawsuits are. Can you believe these morons? They lose everywhere! Even Republican judges keep slapping them down! How embarrassing for Trump!

But that’s the wrong way to think about Trump’s actions since November 3. Because his goal hasn’t been to keep the office of the president. It’s been to keep the Republican Party.”

More:

“On the morning of November 4, Donald Trump faced two problems. The first was that he was going to lose the power of the presidency. The second was that this loss endangered his ownership of the GOP.”

Last says that for Trump, the lawsuits, the posturing, the attempted coup— all would still be nice if he were to be re-inaugurated January 21. But that’s a secondary objective. The primary objective was to stop the Republican Party from leaving him:

“…owning a major political party isn’t as useful as being president. But it’s not nothing….In a two-party system, you can exert a great deal of power by being the head of a Party. You have businesses and foreign governments that will pay tribute to you. You have an audience of something like 40 million partisans who can be mined for contributions and mobilized as a flash mob whenever you need them.”

Unfortunately, these millions out in TrumpWorld don’t know they’re being conned. They still actually believe that Trump will win reelection.  That’s dangerous, because many of them will be shocked when reality hits. What is most worrisome is the possibility of something happening that makes them feel they have license for mass violence. We can try to minimize the threat posed by Republican passivity, but there are always lone wolves who will try to do horrible things.

Can the Republican Party move on from Trump? It could, but that requires the next generation of ambitious presidential aspirants to replace Trump in the daily political discussion. But Trump won 74 million votes, more than any other Republican, just last month. And the base’s acceptance of Trump’s claim that he really won preempts the plans of the next generation.

The other Republican presidential aspirants have realized that the best path forward is to say they believe the voter fraud line. That means their incentive is to outbid their peers in expressing support for Trump’s claims of victory. Let’s leave it to Jonathan Last to close:

“….the minimum ante for Republican politics is now support for an insane conspiracy theory.”

Unlike his predecessors, Trump has not called Biden, much less invited him to the White House. Trump has indicated that he may not attend Biden’s inauguration, which would make him the first sitting president since Andrew Johnson in 1869 to refuse to participate in the most important ritual of the America’s democratic transfer of power.

Our democracy is on a knife edge right now. Even if we’re certain that Biden will prevail, the kowtowing to Trump by Republicans isn’t going to end soon, or well.

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Trump’s End Game

The Daily Escape:

”The Gates” by Christo, Central Park, NYC – 2005. A series of 7,503 vinyl “gates” were installed along 23 miles of Central Park pathways. The exhibit ran for 15 days, from February 12, 2005 through February 27, 2005. Wrongo and Ms.Right saw it on February 13th 2005.

From the AP:

“Attorney General William Barr said Tuesday the Justice Department has not uncovered evidence of widespread voter fraud that would change the outcome of the 2020 presidential election.”

Nothing Barr says makes any difference to the Trump true believers. Many Trump supporters have been calling for investigations by the FBI and Justice Department, but the Justice Department won’t be going there.

It makes no difference to the lawyers trying to make a buck on Trump’s quasi-legal actions. And there is quite a troop of legal monkeys like Rudy Giuliani, Sydney Powell, Lin Wood and Joe DiGenova. And some are spewing hate messages while reinforcing the Trump message of voter fraud. Here are two:

Lin Wood is a Georgia-based attorney best known for representing the wrongly accused bomber, Richard Jewell. He also apparently represents Donald Trump.

Joseph DiGenova, who is still helping Giuliani in challenging the 2020 presidential election results said this on a radio show about Chris Krebs, the Director of the Cybersecurity and Infrastructure Security Agency, who was fired by Trump after saying America held its “most secure election”:

“Anybody who thinks the election went well, like that idiot Krebs who used to be the head of cybersecurity. That guy is a class A moron. He should be drawn and quartered. Taken out at dawn and shot.”

Wrongo is an advocate of free speech, but these people are fomenting assassination and a civil war, and should be stopped. Chris Krebs apparently is suing DiGenova.

But for Trump, the effort to destroy democracy is profitable. By pretending he didn’t lose, and has some legal avenues to remain in power, Trump gets to use the money he raises on pretty much whatever he wants. According to the NYT, so far, Trump has raised $170 million. The WaPo describes the funds-raising as using “a blizzard of misleading appeals about the election”. And Kurt Andersen tweets that:

“Donors on Mr. Trump’s website are opted in with a prechecked box to make monthly contributions.”

But as of Monday, all of the key swing states that Trump has been contesting — Arizona, Wisconsin, Georgia, Michigan, Pennsylvania, and Nevada — all certified Biden’s victory.

In other words, the 2020 election is over. Again.

But there also seems to be time for some hot elephant on elephant action: Republicans in Ohio have decided to try and impeach their Republican governor, Mike DeWine over his effort to contain the spread of Covid. DeWine imposed a three-week curfew from 10 pm to 5 am, and his fellow Republicans are outraged.

On Monday, Arizona’s Republican governor Ducey held a short ceremony to certify Joe Biden’s election win. He also certified the election of Democrat Mark Kelly to the US Senate. During the ceremony, Trump called on Ducey’s mobile phone, but he didn’t pick it up; he kept speaking. Trump did not take that well. He called into an Arizona election hearing Rudy Giuliani was holding, and said to the audience:

“Arizona will not forget what Ducey just did…”

You see, for Republicans, freedom isn’t free. My freedom costs yours. Democrats and other Leftists would be able to understand this, if only they loved America and freedom like Republicans do.

Republicans have been pushing extreme conspiracy theories at least since the 1950s with McCarthy and the John Birch Society. These are the same people whose fathers had “Jane Fonda Traitor Bitch” bumper stickers in the 80s and accused every liberal of being a communist. It’s natural enough that after 70 years, they really believe them. The Trumpers do not understand how a candidate who could fill arenas could lose to a candidate who barely left home.

So what’s Trump’s end game? Money in the bank can fund a presidency-in-exile. A significant portion of his dedicated followers certainly plan to stay engaged. There’s even some evidence that he may try to torpedo the Georgia Senate races. A recent poll showed that 54% of Republicans want Trump to run again in 2024.

OTOH, if that poll is correct, millions of Trump voters are done with him. Maybe he runs. But it may be that the rest of the GOP are ready to turn to one of the younger, more promising Republican creeps in the Senate.

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The Weak Roadmap For Trump’s Coup

The Daily Escape:

View from interior of Tower Arch, Arches NP, UT – November 2020 photo by wisemufin

In a few years, maybe we’ll be calling this spot “Trump’s Anus”.

It’s two weeks since the presidential election, and no, Trump hasn’t conceded. It’s time to stop the attempted coup. Just like there’s “long Covid”, there’s “long Trump”. If we fail to force him, he will stay forever. Nothing about humoring him will work. We can’t simply wait out the lawsuits, he’ll just file another one. And the Trumpist politicians in the House and Senate will continue to say “what’s wrong with letting the process play out?”

They will play this gambit until one of the deadlines outlined below ends it. For the first three, Trump has a plan in place to attempt to overturn the election. He has no defense for the fourth deadline, though. Whether any of his plans work is, at this point, unknown:

December 8th is the last day on which states can certify their results. While most of Trump’s many legal efforts are falling apart, there has been a consistent theme: try to throw out votes. One Trump surrogate, Sen Lindsay Graham (R-SC) tried to persuade Georgia’s Republican Secretary of State Raffensperger to throw out all mail ballots in counties found to have higher rates of non-matching signatures.

Without outside interference, Georgia will certify its result on Nov. 20, after a hand recount; Pennsylvania and Michigan will certify their results on Nov. 23, Arizona will follow on Nov. 30, Wisconsin and Nevada a day later. That’s it for the six swing states where Biden leads by a total of 218,000+ votes.

December 14th is when the Electoral College votes. The question of whether Electors are bound to vote for their state’s chosen candidate was decided in June 2020 when the Supreme Court said that the laws saying that states could replace faithless electors are constitutionally valid.

Despite that ruling, several Republicans including Gov. Ron DeSantis (R-FL), have suggested that Republican-led legislatures should ignore the popular vote and certify their own slate of Electors for Trump. Such a move may also run afoul of the same Supreme Court precedent mentioned above. In any event, The Electoral Count Act gives priority to Electoral Votes cast under rules established in advance of the election, meaning that if a state legislature were to send a different slate of Electors to Congress to compete with those reflecting the popular vote, the national legislature should accept the latter.

January 6th: Congress meets in joint session to certify the Electoral College vote. The Vice President presides over this meeting. You can be sure that several GOP members in both the House and Senate will object to the certification, that’s surely already choreographed at this point. Importantly, each House is supposed to decide on their certification separately prior to the joint session. Here’s the relevant language (3 USC 15):

“But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted.”

Over the next few weeks, we’re all going to learn whether Trump has any procedural path to remain in power.

January 20th: Inauguration Day. An attempt to continue occupying the White House after noon on Jan. 20 would constitute trespassing and might even constitute sedition to the extent it was intended in order to hold power illegally:

“If two or more persons … conspire to overthrow … the Government of the United States … or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.”

Republicans know they are really fighting to preserve the Tyranny of the Minority.

They have only won a national plurality ONCE since 1988. It’s pretty clear that they aren’t capable of being a majority Party as things stand today. Trump’s 2016 win ratified this truth.

They understand that the real GOP wall is the Electoral College, and they will use any mechanism available to defend their built-in Electoral College advantage. It’s the only way to minimize their popular vote disadvantage.

So, the GOP defends its Electoral College Wall at all cost, while the Dems try to defend their Blue Wall.

Assuming the center holds, what happens between January 6th and January 20th?

Nobody knows, but Wrongo is dubious that Trump will a) beat Biden, or b) voluntarily give up being the Most Powerful Man on the Planet one minute before he has to.

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Could Trump Be Attempting a Coup?

The Daily Escape:

Yosemite changing from fall to winter – November 2020 photo by kscwuzhere

Here’s another way of looking at the election: Joe Biden’s share of the popular vote is now 50.8% (77,126,066 popular votes). That will be greater than Ronald Reagan’s 50.7% vote share in 1980, vs. Jimmy Carter. It’s more than GW Bush’s margin over Kerry (50.7%), and more than Bush’s margin over Gore (47.9%). It’s larger than both of Clinton’s races: (49.2%) over Dole, and (43%) over GHW Bush.

Yet, the official position of the Republican Party, as put forth by the RNC Chair Ronna McDaniel, is that Joe Biden and the Democrats stole the election:

“On Tuesday…McDaniel….told FOX News commentator Sean Hannity that she has 234 pages containing 500 sworn affidavits alleging 11,000 incidents of various types of voter fraud…..It’s been rigged from the beginning…and now you have a media that’s rigging it again by saying we’re not going to even listen to these stories.”

Republicans have been making excuses that Democratic presidents haven’t been legitimate leaders since FDR. Kennedy only won because of dead Chicago voters. Johnson only won because of sorrow about Kennedy. Carter only won because Nixon was framed. Clinton only won because Perot messed things up. And how did Obama win? TWICE??

The GOP believes that it has been the rightful winners of every presidential election since Eisenhower. The natural order requires that they win. Actual vote counts are irrelevant.

The most likely outcome of the next two months is that Joe Biden will be sworn in as president in an orderly way, but there’s a chance it could go differently. Here’s a thought from Jared Yates Sexton: (emphasis by Wrongo)

“People keep asking whether Trump and the Republicans attempt to steal the election is legitimate, if it’s a coup, if it’s a fundraising scheme, if it’s posturing, if it’s actually all that dangerous.

The answer is yes. All of these things….

People like McConnell and Graham are giving voice to Trump for multiple reasons….they need to win the special elections in GA, the controversy creates passion, and it leads to fundraising. But…they’re also fine with a coup.…

Trump and the GOP are playing a dangerous game. The coup might not work, but they see an advantage at flirting with a coup. The coup might work and they see an advantage with grasping power for themselves. It’s a win-win for them while we lose.”

Sexton’s most disturbing point, that Establishment Republicans probably don’t think the coup will work, but they seem to be 100% OK with it, if it does. 

Republicans believe that Democrats have no legitimate claim to govern, because Democrats only win elections when the wrong people vote for them, as opposed to Real Americans, who vote GOP.

The only question the press should be asking Republican officials is: “Are you on board with Trump’s coup?” The GOP really doesn’t want to answer questions about their actions, and won’t, even when asked. Charlie Pierce says this:

“So the president, the leaders of the Republican majorities in Congress, and the Secretary of State all are attached to the fantasy that Joe Biden is not the President-Elect….They are taking active measures in support of that fantasy, and the longer they do, the more real it becomes to the president’s 70 million followers. And, therefore, the more political power it gains, and the more poison is pumped into the political bloodstream of the country…”

This week, Trump replaced the head of the military, who had previously said that he was concerned about the use of troops against civilian populations. Then he replaced a number of senior military officials with known loyalists who have zero qualifications for their jobs.

People seem to believe that the (relatively) independent directors of the CIA (Gina Haspel) and FBI (Christopher Wray) are going to be replaced, soon.

If all of that happens, what is the innocent explanation for all of these moves? Pundits have said there may be simple explanations for them, but there’s a non-trivial chance that Trump is attempting to assert control over key parts of the government in advance of a destabilizing action to remain in power.

For decades, we thought that norms of behavior would prevent something like this from happening. Our respect for institutions, love of country, institutional guardrails, and separation of powers would prevail. But, those things only work as long as both sides informally agree to act like rules have meaning.

From the moment Trump declared his candidacy, he’s crossed those lines, over and over again. Even if he goes away or drops dead tomorrow, these lessons can’t be unlearned, no matter how badly Dems want to pretend things can go back to the way they were.

Because the GOP certainly isn’t forgetting any of it.

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The Never-Surrender Republicans

The Daily Escape:

Bradford Pear, Fields of Wrong, Litchfield County, CT – November 2020 iPhone photo by Wrongo. The Bradford Pear has white flowers very early in the spring, and red leaves in fall. It’s among the first to flower, and last to lose its leaves.

Wrongo is increasingly pessimistic that the majority of Republican voters will accept the result of the Biden vs. Trump 2020 election. The Morning Consult has a survey that shows:

  • 7 in 10 Republicans believe the 2020 election wasn’t free or fair: 48% of Republicans say it “definitely” was not free and fair, and another 22% say it “probably” was not. That’s twice the share of Republicans who said the race would not be free and fair just weeks before the election.
  • Republicans are most skeptical about the Pennsylvania results: Just 23% of Republican voters say they believe the results in PA are reliable, while 33% say the same about the results in Arizona, Georgia, Michigan, Nevada and Wisconsin.

This has incredibly dire consequences for the country, and possibly, for our democracy.  The WaPo’s Greg Sargent writes:

“With Trump unlikely to formally concede, you can see a kind of Lost Cause of Trumpism mythology taking hold, in which many supporters continue believing the election was stolen from him and that squeamish Republicans betrayed him by not fighting hard enough against it.”

No one should be surprised by this. Trump told us four years ago while running against Hillary Clinton, that he would only respect the outcome of the election if he won. And he’s been saying the same thing for months about this election. As Rick Hasen suggests, Trump and the GOP are placing a cloud of illegitimacy over Biden’s presidency.

This is not tenable. You can’t move on to what should come next when 70% of Republicans think Trump should be sworn in on January 20. You can’t reconcile with a party whose voters overwhelmingly believe the election was stolen from them.

Now, America will wait on the courts, which are conveniently stocked with judges appointed by Trump, and handpicked by Mitch McConnell. Don’t expect that all of the cases will be dismissed. Eventually, one or more of them will reach a Supreme Court that has three Justices who Trump has already said he expects will pay him back for their seats on the High Court. Add to them Alito and Thomas, and boom, we might have the Court overturning the election.

Yesterday, Trump filed a lawsuit seeking to block the certification of the Pennsylvania election results. Variations of the word “fraud” appear in the lawsuit 33 times, mostly in the context of prosecutions related to other elections. The only suspected instances of voter fraud cited in the complaint occurred in two counties that voted for Trump: Fayette, where Trump is winning by a 34 point margin, and Luzerne, where his lead is 14 points. The case has been assigned to US District Judge Matthew Brann, a Barack Obama appointee.

More and more Republicans are throwing in with Trump’s stolen-election whine fest. Axios reported that more foreign leaders have called to congratulate Biden than have GOP Senators.

Secretary of State Mike Pompeo said perhaps jokingly? There “will be a smooth transition to a second Trump administration.” On Monday, Trump ordered senior government leaders to block cooperation with Biden’s transition team, escalating the standoff. That prompted the Biden team to consider legal action.

AG William Barr waded in to President Trump’s unfounded accusations of election irregularities by telling federal prosecutors that they were free to investigate “specific allegations” of voter fraud before the results of the presidential race are certified. Barr ignored the Justice Department’s longstanding (for 40 years) policies intended to keep law enforcement from affecting the outcome of an election.

This could become a battle about whether we remain a democratic republic. Trump supporters have already indicated what side of that battle they are on. So has the feckless Republican leadership. What can the Democrats do to prevent us from becoming an “illiberal democracy“?

Are they even aware that this is what may happen? Wrongo fears that the Dems are fighting the 20 year-old battle of Bush vs. Gore, not the current high-stakes battle for the soul of the nation.

This could fester for weeks, until the Electoral College meets on December 14. The damage could be incalculable.

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Nevada Is The Key

The Daily Escape:

Change of seasons, Groton MA – November 2020 photo by scojo415

As Wrongo writes this, there isn’t a winner in the 2020 presidential election. Of the 538 electoral votes, the candidates have been awarded 478 of them, with 60 still up for grabs in five states. Currently it’s Biden with 264 and Trump with 214 electoral votes.

A high turnout election was supposed to favor Democrats, according to the pundits. But we just had the highest voter turnout in a century, with Trump receiving even more votes than last time. And the race is closer than it’s been in a very long time.

There was a point on election night 2020 that Wrongo had the same bad feeling that he had on the Clinton vs. Trump election night in 2016. An awful feeling that everything he thought he knew about the election was wrong. How could so many people who have had 4 years’ experience with Trump and with all of the damage and dysfunction he brought, say “Sure, I totally want that guy to be my president again”?

As of now, Biden seems to have the better chance to win, but it would be the narrowest of victories. He has 264 electoral votes and is leading in Nevada, worth 6 electoral votes. This means the election could come down to Biden flipping Nevada, or Trump holding it. Nevada says there will be no update until Thursday, 10am PST. If Biden holds on to his slim lead, that would give him exactly 270 electoral votes, with no margin for error.

There’s plenty of danger ahead. If Biden has 270 votes, just one faithless Biden elector would mean a 269-269 tie, throwing the election to the House. That would mean a Trump victory, since each state delegation gets one vote each, so the fact that the Democrats once again have more votes, runs up against the Wisdom of the Framers.

Trump is in federal court trying to get Michigan to stop counting votes. He’s also asked the US Supreme Court to intervene in the Pennsylvania vote count, saying exactly what the campaign lost with earlier at the Supreme Court. BTW, ballot-counting in Philadelphia is being livestreamed.

It may be weeks before we know the final results, something that happens routinely in our built-by-hand electoral system. But it seems to be turning into a legal war.

When all the votes are counted, more than 70 million Americans will have voted for Trump. Even if Biden wins, America didn’t repudiate Trumpism. Republicans will keep control of the Senate. And while the Democrats will still control the House, they’ve lost seats.

A long election night was signaled early with Biden’s horrific performance in Florida’s Miami-Dade County, where Biden apparently won by seven percentage points. In 2016, Hillary won it by nearly 30, so the scrounging by Biden for red state electoral votes began early.

It’s worth noting that while Florida went for Trump, they also voted overwhelmingly (61%-39%) for a $15/hour minimum wage. Florida’s “Amendment 2” raises the state’s minimum wage to $15 by 2026.

This shows how politics is shifting in America: The $15 minimum wage is a key part of the Democratic Party’s platform. But, it didn’t help Biden in Florida, where he ran well behind the Amendment with about 48% of the vote. There’s growing evidence that people who hate the cultural left actually like the policies of the economic left.

Democrats believed that donating huge sums of money was a proxy for grass-roots organizing. Most swing state Democratic candidates vastly outraised their Republican opponents, but there’s little to show for it now that the votes are in.

In 2020 Democrats ran to the center, after a primary season trying to run to the left. And it looks like they’ll win the White House, while visibly struggling in both Houses of Congress. How should we grade their results, or the results of the Republicans, if their incumbent president loses?

What should the election post-mortems for each Party say are their strengths and weaknesses, looking towards the 2022 mid-terms and the 2024 presidential election?

What will the Parties say about how the political polling could be so wrong for a second straight time? Will Democrats finally learn not to rely on it?

In closing, change is coming. It’s not as fast as we’d like, but much of that’s on us.

Wrongo is reminded of the Rolling Stones song, “You Can’t Always Get What You Want” from their 1969 album “Let It Bleed”. Back in the 1960s the song referenced love, politics, and drugs. In 2020, it resonates about how our expectations often exceed what we deserve.

Chorus: “You can’t always get what you want, but if you try sometimes, you might find, you get what you need.”

Just like puppies. They want treats all the time, but it’s kibble that helps them grow, and stay healthy.

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Monday Wake Up Call – 24 Hours to Go, November 2, 2020

(There will not be a column on Election Day or Wednesday unless something huge happens. Normal posting will resume on Thursday.)

The Daily Escape:

BREAKING! Investigation by the Wrongologist confirms Trump’s claims about voter fraud!

24 hours to go, fingers crossed. The next few days are going to have plenty of emotional ups and downs.

Even if the result is a Biden victory, waiting for it is going to be nearly unbearable. The alternative outcome? A disaster. Voters’ opinions always tighten in the last few days, so there isn’t a ton of reassurance to take from the last minute polls.

Wrongo wrote 25 posts in October, containing about 18,000 words, mostly about national politics. It seems like there shouldn’t be much more to say, but here goes.

With early voting nearly over, more than 91 million Americans have already cast their ballots. If the current rate holds, more than 100 million ballots will have been cast before Tuesday. That massive early turnout will equal about 72% of the 139 million votes cast in 2016, and for the first time in history, a majority of ballots will have been cast before Election Day.

Some slightly encouraging news. A new NYT/Sienna poll (November 1) shows Biden leading in several battleground states:

In Pennsylvania, Siena College says that only about 33% have voted early. Those who’ve already voted favor Biden 79%-16%. But among the two-thirds yet to vote, Trump has a 57%-34% lead. The math says that if those numbers hold, Biden will get 48.4% to Trump’s 42.9% of the vote, with ± 7% undecided. Trump would have to take all of the PA undecideds to come out on top, so Biden seems to have the advantage.

Again, this sounds good, but Republicans aren’t going to lay down in their efforts to steal the election.

For one piece of proof, the WaPo says that it reviewed an email in which Trump’s camp sought ballot security information from Cumberland County in Pennsylvania: They wanted the names of people who transport the ballots after the polls close, the names of people who have access to the ballots afterward, and precise information about where ballots are stored, including room numbers.

We know this because of an alarmed commissioner. You can bet this is going on across the US, and Trump is actively encouraging it. Here’s a 3am tweet:

“If Sleepy Joe Biden is actually elected President, the 4 Justices (plus1) that helped make such a ridiculous win possible would be relegated to sitting on not only a heavily PACKED COURT, but probably a REVOLVING COURT as well. At least the many new Justices will be Radical Left!

— Donald J. Trump (@realDonaldTrump) October 30, 2020

Trump is making it clear not only that he is planning to contest the results of the election all the way to the Supreme Court, but that he fully expects the Court to hand him the win.

Think about this: Two years after Obama won in 2008, helped by an unprecedented small donor campaign, John Roberts writes the majority opinion in Citizens United which allows GOP donors to tip the scales going forward.

A year after Obama won in 2012 with record minority turnout, John Roberts wrote the majority opinion striking down key parts of the Voting Rights Act which immediately led GOP-run states to enact barriers to minority voting.

And now SCOTUS, with three Justices (including Roberts) that were part of the Republican team in 2000 in Florida that helped GW Bush win at the Supreme Court, is poised to disqualify millions of legitimate votes to keep the GOP in power.

Robert Kagan in the WaPo had a great article on Friday:

“We kept counting on others to save us — our institutions, our political leaders, our courts — but help never arrived…And as we waited for someone, anyone, to do the right thing, we moved closer to the end….Now all we have left is the people. The voters, for all their failings, may prove more trustworthy than their supposed guardians. They may deliver us by delivering an irrefutable landslide to Biden. Or, failing that, by going out into the streets in an American version of “people power” to foil the plot against their democracy.”

Will the system work? That we even have to ask the question is the answer.

It may come down to mass demonstrations, just like we’ve seen in dictatorships. Sometimes the guns are aimed at the people; sometimes they’re aimed at the despot.

Wake up America, it comes down to us. At the ballot box, or if necessary, in the streets. To help you wake up, listen to “I Wanna Be Sedated” from the Ramone’s 1978 album “Road to Ruin”. Being sedated for the next few days doesn’t sound so bad:

Chorus:

Twenty, twenty, twenty, four hours to go

I wanna be sedated

Nothing to do, nowhere to go,

Oh I wanna be sedated

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