What would be insurrection, if Trump on January 6 was not insurrecting?

December 28, 2023

Consider the facts. What is required to be “insurrection?”

Trump images loom over crowd at Ellipse rally, as Trump incites them to attach the Capitol building and Congress, January 6, 2021. John Minchillo, AP
Trump’s image looms large over crowd assembled at the Ellipse, as Trump exhorts them to march on the U.S. Capitol and Congress, January 6, 202

Greg Sargent at Plumline posted a long series on X (Twitter) discussing just what then-President Trump’s actions should be considered, using evidence that heavily points towards Trump’s intent being insurrection.

It’s an important listing, a point-by-point discussion with facts we have, not what has been revealed in courts. The full thread is below, first level. There are links inside the thread you may wish to explore at “X.”

Read this thread. I would like to pose some hypothetical questions to insurrection-deniers: Is there anything Trump could have done that *would* have unambiguously constituted insurrection — anything that you’d acknowledge *does* require disqualifying him? 1/

What if, in the runup to 1/6, Trump had explicitly told his supporters to descend on the Capitol to stop the VP and Congress from certifying the transfer of power *by any means necessary*? Well, here’s what he did do: 2/

What if Trump had explicitly told top DOJ officials to fabricate evidence of widespread election fraud because he needed a pretext to justify his premeditated, illegal scheme to sabotage the transfer of power? Well, here’s what he did do: 3/

What if Trump had repeatedly and explicitly told his VP to ignore the law and abuse his authority to subvert the electoral count in keeping with his premeditated scheme to sabotage the transfer of power? Well, here’s what he did do: 4/

What if Trump, as he harangued the mob on 1/6, had explicitly told them to force Pence to scuttle the transfer of power, broadcasting a message to Pence that if he failed, he’d face the mob’s fury? Well, here’s what he did say: 5/

What if, while the mob attacked the Capitol, Trump had tweeted explicit instructions that the rioters should do whatever it takes to force Pence to sabotage the transfer of power? Well, here’s what Trump did tweet — again, *while* the mob was rampaging: 6/

What if Trump, as people begged him to call off the mob, explicitly said no, because he wanted them to keep going, to intimidate the VP and Congress from certifying the transfer of power? Well, here’s what he did do: 7/

Would you really deny the sum total of those hypotheticals = insurrection? Doubtful. Yet the line between that and what Trump did do is functionally nonexistent. The case that his insurrection was ambiguous rests on a deliberately blinkered reading of uncontested facts. 8/

Here’s how the CO ruling defines the threshold for committing insurrection: “a concerted and public use of force or threat of force…to hinder or prevent the US government from taking the actions necessary to accomplish the peaceful transfer of power.” 9/

Insurrection-deniers should say (1) whether the CO ruling’s description of the threshold Q is a reasonable one; and if so, (2) whether Trump’s conduct meets it. If your answers are no, what *would* be disqualifying? Or is the claim that Disqualification is a dead letter? 10/

Yes, disqual could have severe consequences/enter new territory. But via

@ianbassin, if trying to end lawful constitutional democracy is not deemed disqualifying, it could also cross a Rubicon: 11/ https://protectdemocracy.org/work/trump-bal

One more point: As

@rparloff

notes, the case for disqualification also rests on whether someone who so flagrantly broke their oath of office can be trusted to take the oath again. Read Parloff’s whole thread: 12/

Roger Parloff, @rparloff

“A construction of Section Three that would nevertheless allow a former President who broke his oath, not only to participate in the government again but to run for and hold the highest office in the land, is flatly unfaithful to the Section’s purpose.” /14

Any political discussion of this matter simply must include Trump’s current threats to *again* serially violate his oath of office and even to be a “dictator.” Are there consequences in green lighting all this? You need to weigh one set of consequences against the other. 13/13

This is a discussion for voters much more than a discussion for prosecutors and courts.

We do not need courts to tell us Trump is unqualified to be president. But we need to mark our ballots to reflect that judgment, as voters, to keep America great.


Be the man your father raised you to be, that your children need. Vote Joe.

November 2, 2020

I was fine on this until the last few photos of Joe and Beau.

Joe and Beau Biden, capture from Lincoln Project ad, “Men.”

It’s about doing the right thing for America. Please watch. Please vote.

 

“Men,” from the Lincoln Project

November 2020 days to fly the flag

November 2, 2020

The Major, a very large U.S. flag made in honor of Brent Major, Mayor of North Ogden, Utah, killed in action in Afghanistan in 2018. The flag flew at the mouth of Coldwater Canyon.

The Major, a very large U.S. flag made in honor of Maj. Brent R. Taylor, Mayor of North Ogden, Utah, killed in action in Afghanistan in 2018. The flag flew at the mouth of Coldwater Canyon. The flag is a quarter-acre in size, more than 100 feet on the longest side. North Ogden plans an annual celebration of the U.S. flag in early November. Photo by Ben Dorger, for the Ogden Standard-Examiner newspaper.

2020 is not exactly flying by — but November 3 will probably change our perception of how fast time moves, and how the year moves at all.

Do we even fly our flags during a pandemic? Sure we do.

Eight events spread over seven different days come with urgings to fly the U.S. flag in November: Six states celebrate statehood, Veterans Day falls as always on November 11, and Thanksgiving Day on November 26.

Did I say eight? Elections are dates to fly the flag. 2020 is a presidential election year — in Texas, May and other election dates for counties, cities and school boards were moved to November. (Some thought a pandemic would surely be over by November. Who knew?)

You may fly your flag at home on election day, too. (Yes, flags should be flown at all early polling places, on days of early voting, too — do you know of poll where that did not occur? Tell us in comments.)

Two states, North Dakota and South Dakota, celebrate their statehood on the same date. Washington’s statehood day falls on Veterans Day, November 11 — so there are only seven days covering nine events.

In calendar order for 2019, these are the seven days:

  • North Dakota statehood day, November 2 (1889, 39th or 40th state)
  • South Dakota statehood day, November 2 (1889, 39th or 40th state) (shared with North Dakota)
  • Election day, November 3 (all states; federal offices) — Go vote!
  • Montana statehood day, November 8 (1889, 41st state)
  • Veterans Day, November 11
  • Washington statehood day, November 11 (1889, 42nd state) (shared with Veterans Day)
  • Oklahoma statehood day, November 16 (1907, 46th state)
  • North Carolina statehood day, November 21 (1789, 12th state)
  • Thanksgiving Day, fourth Thursday in November (November 26 in 2020)

Most Americans will concern themselves only with Veterans Day and Thanksgiving Day. Is flying the U.S. flag for statehood day a dying tradition?

More:

Polling station in South Carolina. SCETV image.

Polling station in South Carolina. SCETV image.

This is an encore post.

Yes, this is an encore post. Fighting ignorance takes longer than we hoped.


Silence him. Vote.

October 30, 2020

Screen capture from Joe Biden ad, "Silence him. Vote by drop box."

Screen capture from Joe Biden ad, “Silence him. Vote by drop box.”

Another stellar ad from Joe Biden’s very good team of advertising makers, below.

Wish I’d gotten this up a couple weeks ago. But I like a good cartoon anytime. It’s not Tex Avery, not Chuck Jones — but it’s good.

(Yes, the Shannon Watts from Everytown and Moms Demand.)


In 1928 Boy Scouts campaigned to get out the vote

October 19, 2020

I haven’t seen a good Get Out the Vote campaign from a Scout Group in at least 40 years. From my perspective it appears Richard Nixon took the fire out of Scouts and Scout leaders to do a community wide, non-partisan drive to get out the vote.

Plus, in many of those years the Scouts pushed getting people to vote, while their parents and other voters probably suppressed voting from certain groups.

Still it’s great to see the history, that in 1928 voting was considered such an uncontroversial part of citizenship that it made the cover of Boys’ Life.

"Vote it is your duty," Boys' Life, November 1928
Boys’ Life Magazine, November, 1928. “Healthy moral values are the solution for happier kids & and a greater nation.”

Who reads magazines any more? Not enough people.


Signs of life; how we remember candidates

September 26, 2020

Campaign sign, “Biden and the Lady who made Brett Kavanaugh Cry 2020,” found on Twitter.

Not sure where this sign is, but I want one for the hearings and Senate vote.

Women on the Senate Judiciary Committee improve things a lot. Especially true for Kamala Harris.

More:


Election year? Vote climate.

September 25, 2020

A fitting poster I stole from Dr. Katharine Hayhoe’s Instagram feed.

Thermometers don’t have biases. She’s right. Vote informed.