Trump Could Be President Even While Serving Time

The Daily Escape:

First fall foliage, Cox Brook, Northfield Falls, VT – September 2023 photo by John H. Knox

First, although we may know if Trump has been convicted prior to the 2024 election, it’s highly unlikely that he would be serving time by then, because his convictions (if any) will be appealed. The appeal process will take us well beyond when the Electoral College votes are counted in DC.

Second, The Constitution (before it was amended) contains just three requirements to become president: the person must be a natural-born citizen of the US, 35 years or older and a resident of the US for at least 14 years. That’s it.

In 1868, the 14th Amendment added Section 3 of the Fourteenth Amendment to the original text that:

“no person shall … hold any office, civil or military, under the United States … who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

UCLA law professor Richard L. Hasen, a leading expert on election law, told CNN that Trump has a path to serving as president if he wins the election in 2024: (emphasis by Wrongo)

“The Constitution has very few requirements to serve as President….It does not bar anyone indicted, or convicted, or even serving jail time, from running as president and winning the presidency,”

And while some states prohibit felons from running for state and local office, those laws do not apply to federal elections. More from Hasen, on whether a president may serve from prison.

“How someone would serve as president from prison is a happily untested question…”

If Trump were in jail and prevented by law from leaving jail while his sentence was carried out, that would make running the government impossible. It wouldn’t necessarily prohibit him from serving as president from a cell, at least until he could pardon himself, another untested loophole.

If he tried to pardon himself, or to commute his own sentence, we’d wind up at the Supreme Court. From the NYT:

“Either action would be an extraordinary assertion of presidential power, and the Supreme Court would be the final arbiter of whether a “self-pardon” was constitutional.”

Trump would certainly sue to be released from jail, saying (correctly) that imprisonment prevented him from fulfilling his Constitutional obligations as president. Trump’s lawyers would argue that keeping a duly elected president in prison would be an infringement by the judicial branch on the operations of the executive branch. Again off to the Supremes we’d go.

So time for a few brief reminders: Trump faces no significant opposition to winning the 2024 Republican presidential nomination. Plan A among those who really don’t want Trump to win is to say:

“…he will lose in the general election.”

And there’s no Plan B. So, what will your options be if he wins? In general, your options are: Knuckling under, taking part in political violence, or leaving the country. And understand that, regardless of how submissive you are, the number of people who will die in police custody or while “resisting” will go way up. Let’s take your options one at a time:

  1. Leaving the country is something only rich people can do and it wouldn’t dislodge Trump. It will make him more secure.
  2. Political violence is personally risky. It requires moral compromise that makes our regular politics look almost pristine. And unless it’s large and well organized, it will fail.
  3. Knuckling under to tyranny will probably be the response of most Americans, even though most would say that’s incompatible with their conscience.

But all that said, Ukraine’s limited success against a superpower shows that using today’s technology makes it relatively easy to hold large swaths of a country despite the other side’s having a much stronger military.

Wrongo thinks that after a Trump win in 2024, US citizens will have to think seriously about how to handle life under an authoritarian regime. Trump will start out with a soft form of authoritarianism. But later? Who knows what it becomes. A lot of people around the world live under authoritarian regimes, so while it’s awful, it’s also survivable for most people.

And think twice about resistance. As a thought experiment, list out the historical examples of a citizenry that  successfully resisted a fascist takeover once the fascists had a firm grip on the judiciary and half of the legislatures.

America has one great shining example of what not to do when Bush v. Gore was decided in 2000. No Democrat (looking at you Bill Clinton!) told the Supremes to fuck off. Even Gore didn’t say “just keep on counting” in Florida. Instead, he crumbled. In a democracy, no court should ever tell the political branch to stop counting votes.

That election was stolen, but Democrats collectively just let it happen. Worse, two years later almost all of the Democrats in Congress voted for Bush’s nasty authoritarian terror bills and a war to avenge 9/11.

Wouldn’t it be much better this time around to make sure Trump doesn’t get the votes of any of your friends, family or neighbors? And better yet, that you get most of them out to vote?

Please don’t plan on sitting back and waiting for a conviction to deliver us from Trump. Why is it in the DNA of Democrats to keep looking for some external solution to our political problem?

Wrongo is an elderly white, married, upper-middle class male living in a Blue state. He’s going to be fine no matter what. He’ll worry about his kids and grandkids, but personally, Wrongo has nothing to worry about. His taxes may even go down again.

But he plans to resist, no matter what.

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Democracy Fatigue

The Daily Escape:

Fall arrives in Ouray, CO – October 2022 photo by Gary Ratcliff

Why is authoritarianism growing at home and abroad? There is a relatively new notion called democracy fatigue: Political passivity and disgruntlement that stems from the exhaustion of seeing endless politicking, but never seeing change that makes lives better.

We’ve had a constant barrage of existential crises: Covid, climate change, Russian imperialism, immigration, inflation, and growing economic insecurity. With needing to act on all of these (and a few more), the ideals of political compromise and letting everyone have their say, seem sadly dated.

On the American Right, many joke that what would make things better is a ‘benign dictatorship.’ Because democracy doesn’t get things done. Politicians everywhere are taking the opportunity to go with “the big lie”. It’s become about lying until your ideas are accepted as fact. From Heather Cox Richardson:

“After World War II, political philosopher Hannah Arendt explained that lies are central to the rise of authoritarianism. In place of reality, authoritarians lie to create a “fictitious world through consistent lying.” Ordinary people embraced such lies because they believed everyone lied anyhow.”

And distrust of democracy is growing. From Hal Gershowitz:

“…in the US, Germany, and Japan, somewhere between 20% and 40%…would embrace “a strong leader who does not have to bother with parliaments and elections.”

Hal reminds us that last April In France, Emmanuel Macron managed to once again defeat right-winger Marine Le Pen, but by a much narrower margin than in their last face off in 2017. Elsewhere:

  • In traditionally liberal Sweden, a coalition of right-wing parties, anchored by the far-right Sweden Democrats, took control of Parliament.
  • Hungary’s uber authoritarian, Viktor Orbán secured his fourth consecutive term as Prime Minister.
  • And most recently, in Italy, a coalition led by far-right leader Giorgia Meloni won and will put together Italy’s first far-right government since World War II.

Beyond these are the far-right British National Party, and the Norwegian Progress Party. While these are fringe parties, they can exert influence on whatever party leads in parliamentary democracies.

Freedom House, founded in 1941 and primarily funded by the US, also paints a bleak picture. It publishes an annual assessment of “Freedom in the World” which notes that authoritarianism is having a great run. Freedom House says in 2020, the number of countries  they listed as “no longer free” grew to the highest level in 15 years. Countries registering declines in political rights were also the highest in 15 years.

They note that a total of 60 countries suffered declines over the past year, while only 25 improved. As of today, some 38% of the global population live in Not Free countries, the highest proportion since 1997. Only about 20% of the world’s population now live in Free countries. The balance (41%) live in Partially Free countries.

The rise in authoritarianism may be due to the fact that in a sea of uncertainty, people are looking for a life raft. So they are willing to listen to and vote for those who articulate the importance of “traditional” values, and to assure them that the purported attack/assault on those values is a threat to them and their families.

The longing for benign dictatorship continues among America’s technology elites, whose denigration of politics flows from a Silicon Valley ideology that mixes libertarianism with authoritarian rule. They seem to want politics to work the way their products do: With elegant solutions implemented by smart, creative makers.

Their message is that surely, there’s a right way to get the job done: Fill the potholes, build the roads, keep our streets safe, get our kids to learn reading and math.

But whose potholes should get filled first? Should we keep our streets safe through community policing or long prison sentences? Should teachers be given merit pay, are small classrooms better, or should we lengthen the school day?

All of these issues can engender deep political fights. That’s because politics is disputes about values, not technical solutions. One person’s “right” is not another’s because people prioritize different values: Equity versus excellence, efficiency versus participation, security versus justice, short-term versus long-term goals.

Trump’s continuing control of the Republican Party is due to his ability to exploit grievance. His “America First” message continues to resonate with millions of voters who view the Democratic Party’s policies as an assault on America’s traditional values.

For the upcoming midterm elections we need to remember that constitutional democracy is not a gift from the gods.

It can be wrested away if we fail to uphold our democracy by voting this fall.

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Sunday Cartoon Blogging – July 24, 2022

(The Monday Wake Up Call will be published on Tuesday, July 26)

Sunday is always time for a laugh along with a little outrage. Ecowatch reports that: (emphasis by Wrongo)

“Pearlita Foods, a cell-cultured seafood startup, has revealed its vegan prototype for oysters made from ingredients like mushrooms and seaweed. The plant-based oysters will even come served in a no-shucking-necessary shell that is biodegradable.”

The article says that until an artificial shell is developed, they will be served in oyster shells. So they will still have to kill/eat/otherwise harvest the shells of living oysters anyway. And the company is looking to create a bio-degradable “shell.” In real life, oyster shells are already biodegradable – into sand. And the market for oysters creates a major economic reason for keeping bays and estuaries clean.

Oysters are a product of where they grow. Wellfleet oysters taste different from the Kumamoto oysters of the Pacific Northwest, or from the Belons from the Brittany region of France. On to cartoons.

The video of Sen. Hawley (R-MO) first giving a power salute to the Jan. 6 mob and later, fleeing the Capitol when the mob breached security, will live in infamy. He’s such a pathetic wuss:

Jan 6 Committee succeeds:

Trump henchman and walking triglyceride, Steve Bannon guilty of contempt of Congress:

Secret Service CYA:

According to the US Secret Service website, Tony Ornato has returned to the Secret Service after previously being Trump’s Deputy Chief of Staff. He’s now Assistant Director overseeing “required training and professional development for all Secret Service personnel.”

The Secret Service agents and leaders that deleted texts must be prosecuted:

An armed guy in an Indiana mall killed an armed shooter. The day before the shooting, the killer of three was just another good guy with a gun. The next day HE BECAME A BAD GUY WITH A GUN. But at least it’s not a shut-out for the NRA’s good guys:

Be thankful that more weren’t killed, but a vigilante in a mall isn’t a cause for celebration:

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Saturday Soother – July 23, 2022

The Daily Escape:

Mount Teneriffe, WA, with Penstemon flowers in foreground – July 2022 photo by Edwin Buske Photography

Wrongo and Ms. Right watched the House Select Committee hearing on Thursday night. It was supposed to be the final hearing, but it turned out to be only the “season finale”. The Committee members made it clear that additional witnesses are giving up their reluctance to testify on the record, so there’s more coming in September.

Thursday night laid out that Trump and his enablers had a plan to subvert our democracy even after their legal effort to change votes in swing states had failed. And it’s frightening how close they came to pulling it off.

The 18-month focus of the media about how Trump did nothing while the rioters took over the Capitol was absolutely the wrong way to look at the White House’s inaction. Charlie Sykes has it right: (emphasis by Wrongo)

“Trump didn’t call off the mob because it was doing precisely what he wanted; and he was using the delay caused by the attack to lobby his allies to help execute his coup. Only when it was apparent that the assault on the Capitol had failed, did he bother to call off his Insurrection.”

The Committee charged that Trump was derelict in performing his duties as president. He was aware in real time of the violence at the Capitol. He could have given orders to his followers to end the attack, or counter it with troops, but he did nothing.

Given every American president’s Constitutional obligation to “take care that the laws be faithfully executed,” Trump was derelict. Liz Cheney said it best:

“Can a president who was willing to make the choices Donald Trump made during the violence of Jan. 6 ever be trusted with any position of authority in our great nation again?”

You already know the answer.

And if you think that it might be acceptable for Trump to return to the office of president, check out what Axios reported on Friday: (brackets by Wrongo)

“Former President Trump’s top allies are preparing to radically reshape the federal government if he is re-elected….Trump allies are working on plans that would potentially strip layers [of staff] at the Justice Department — including the FBI, and reaching into national security, intelligence, the State Department and the Pentagon, sources close to the former president say.”

They’re building the breeding grounds for a new wave of right-wing personnel to infiltrate and run the US government should Trump be elected president:

“The heart of the plan is derived from an executive order known as “Schedule F,” developed and refined in secret over most of the second half of Trump’s term and launched 13 days before the 2020 election.”

That’s when Trump started selectively placing his toadies in key positions in various agencies in case he needed to get shit done. More from Axios:

“Well-funded groups are already developing lists of candidates selected often for their animus against the system….The preparations are far more advanced and ambitious than previously reported…..These groups are…curating an alternative labor force of unprecedented scale and preparing for legal challenges and defenses that might go before Trump-friendly judges, all the way to a 6-3 Supreme Court.”

Scary, or what?

Trump signed the executive order,Creating Schedule F in the Excepted Service,” in October 2020, which established a new employment category for federal employees. It was rescinded by Biden after he took office.

Axios says that an initial estimate by the Trump official who came up with Schedule F found it could apply to as many as 50,000 federal workers, enough to make a profound difference in shaping and interpreting US policy, or to help Trump succeed in establishing an autocracy.

Schedule F could make many civil service managers political hires, meaning nearly 100% turnover when a new Party takes the White House. That would take us back to how the civil service operated in 1883, prior to the Pendleton Act.

Both Parties are lining up. Democrats have attached an amendment to this year’s defense bill to prevent a future president from resurrecting Schedule F. The House passed Connolly’s amendment but Republicans plan to block it in the Senate.

If democracy survives only because America gets lucky, or because pro-democracy forces play an almost perfect game, then we’re in big trouble.

This should give you the jitters. But it’s Saturday, and time for us to chill out in a hot country. Here on the Fields of Wrong, the grass is brown and crunchy. There will be no fixing that until the heat wave breaks and the rains return.

To help you chill, grab a mug of iced coffee, and sit by a window with an air conditioner. Now, listen to the most melodic of the 37 concertos for solo bassoon composed by Vivaldi. Here’s his “Concerto in E minor for Bassoon“, played in 2015 by the Karol Szymanowski School of Music Orchestra in Warsaw, Poland with Klaudia Abramczuk, bassoon soloist. These are school kids:

Bach never wrote a bassoon concerto.

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Post-Primary Thoughts

The Daily Escape:

Grand Canyon of the Tuolumne, CA – photo by valledweller33. The canyon floor is 4,500ft below its rim.

Everything is BS until the people vote. Unlike in Iowa, New Hampshire (NH) declared a primary winner on the same day. One way to look at the results is:

  • The three main moderate candidates took 52.6% of the NH vote: (Buttigieg, 24.4% + Klobachar, 19.8% + Biden, 8.4%)
  • Two main lefty candidates took 35.2 % of the vote (Sanders, 25.9% + Warren, 9.3%)

Bernie was the winner, followed closely by Mayor Pete. Amy Klobuchar, who finished third, was to Wrongo’s thinking, overpraised by the pundits. She finished 5th in Iowa, a state next door to hers. Now she has both 5th and 3rd place finishes, and the media says she’s got a real chance.

Contrast that with Elizabeth Warren, who finished 4th in her neighboring state of New Hampshire, and 3rd in Iowa. So why are the media saying Klobuchar is a serious candidate, and Warren is a loser?

Biden, though, is toast. He’s nearly out of money and if he can’t finish better than 5th, he should go to the sidelines. The parade has passed him by. He looked like a man running on empty, a fine fellow, a good man, but a man of the past, who often seemed to be wondering what was going on.

Despite all of the above, there are two winners coming out of NH: Klobachar and Bloomberg. For Klobachar, she has an upside. She’s raised her profile, but she has virtually no support in Nevada and South Carolina; she may have trouble reaching the 15% threshold for delegates in both.

OTOH, Super Tuesday includes her home state of Minnesota which may be an opportunity for a win.

Klobuchar could easily make a strong vice president with her strength in the Midwest and in the suburbs. Alternatively, she could become the first female majority or minority leader in the history of the US Senate.

Bloomberg is the other NH winner. No one coming out of the NH primary looks to be able to build beyond their narrow base of support. Ron Brownstein concludes in The Atlantic:

“So far, none of the candidates has built a coalition that reaches broadly across the party. Instead, each is confined to a distinct niche of support that is too narrow to establish a commanding advantage in the race.”

The NH primary exit polls said 63% of voters were motivated to vote because of anger at Trump. The scariest statistic in the exit polls was that 15% said they will not vote for the Democratic presidential nominee unless it’s their candidate. This demonstrates the schism between the left and moderate wings of the party.

Many Dems think that Bloomberg would be the best center-left candidate, due to his resume and his money. But he isn’t for the purist lefties, and he’s spending tons of money on the Super Tuesday contests.

The problem with Bloomberg’s spending is that getting to 15% in the polling (with no votes yet cast for him) has already cost him $300 million. How much will it cost to get to 50.1% of Democratic delegates? Beyond that, can he buy the all-important turnout?

Let’s move on to this week’s reason for anger at Trump: His undermining of the federal judicial process.

The DOJ’s prosecutors in convicted Trump buddy Roger Stone’s case filed sentencing recommendations for his guilt in witness tampering. They asked for seven to nine years in prison. Trump tweeted thatThis is a horrible and very unfair situation. “ And Attorney General Barr reacted by overriding his prosecutors and changing that recommendation to three to four years.

Of course the whole case was unfair to Stone — the judge actually allowed witnesses to testify at his trial! That’s a huge no-no in Trumpworld.

All four prosecutors on the case have now left the case over the DOJ’s overriding their recommendations, and one resigned from the DoJ.

This isn’t simply about sparing a Trump crony a long prison sentence, Trump has the power to pardon him at any time. Stone’s judge is Amy Berman Jackson, who also has the Paul Manafort case. Manafort, like Stone, withheld evidence, and decided to face a jury that then convicted him.

Stone’s sentence will now be decided by Judge Jackson, who may have some thoughts about these shenanigans. She may also have some thoughts about Stone having posted her picture on social media with a crosshair over it.

This is a bad look: Trump weighs in, and all of a sudden, the DOJ says “let’s change the deal”.

Most Americans would look at that and say ”it just doesn’t look right”. The DOJ is just Barr’s cover Trump’s butt department now.

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