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How bad is it, doc?
Time to put your democracy's affairs in order
David Frum recently wrote about a war-gaming exercise based on the upcoming US elections. The effort looked at potential outcomes, and the sorts of options that would be available should ‘problems’ arise. Frum’s post touched on two key areas: what he believed our existing systems could control (in his words, the ‘good news’) and what he feared might not go well.
The good news is that Trump cannot postpone the election or the next presidential inauguration; he has no means to do either of those things. Those dates are set by law or in the text of the Constitution.
Nor can Trump somehow cling to power after Inauguration Day once the electoral vote is certified against him. If the Electoral College certifies Joe Biden the winner when its votes are counted in Washington, D.C., on January 6, then at noon on January 20, Donald Trump ceases to be president. His signature loses all legal effect, the officer carrying the nuclear football walks away, the chairman of the Joint Chiefs of Staff does not take his call.
The bottom line: There do exist outer legal boundaries to the mischief that can be done by even the most corrupt president.
MSNBC’s Lawrence O’Donnell shared a similar sentiment.
Please stop using the military in silly scenarios of Trump not leaving the White House.
It's all up to the Secret Service.
At 12 noon Inauguration Day, Trump becomes a White House trespasser & Secret Service would evict him.
(Reality: Trump'll be golfing that day.)
— Lawrence O'Donnell (@Lawrence)
3:37 PM • Jul 31, 2020
There are numerous examples of such perspectives. I find them unconvincing as it seems they’re conflating two very different things: Trump's ability to get by on bluster, and the system's ability to function as designed. The former seems self-evident. His choices have helped the coronavirus go from waning during the lockdown period to being out of control. Over 150,000 people are dead, and millions of others will spend the coming years and decades worrying and learning about possible aftereffects. The economy took a bigger hit than ever before thanks partly to his disastrous approach to handling the pandemic.
We have seemingly found ourselves with the worst possible president at the worst possible time. To disagree with this seems to necessitate willful delusion.
I don’t understand what these men have seen throughout thispresidency that gives them confidence that our existing systems are fit for purpose and ready for what might come next, and I sure don’t share their outlook. Do they think we can count on congress to step in should they be called on to do so after watching Senate Republicans save him from impeachment? What about the tilted Supreme Court? O’Donnell suggested that the Secret Service would save us, but do you think Trump hasn’t thought through who he expects to be loyal in that group? (He removed the head of a secret service in part of a move that was referred to as “a near-systematic purge” at DHS last year.)
As for the military, my gut tells me they would not support a coup, but is there anything systemic in place that would keep them from doing so?
In a recent interview, former Obama advisor David Axelrod claimed, “There’s a protocol for everything.” He then noted drills the administration went through to prepare for things like terrorist or nuclear attacks, before adding that he “honestly never anticipated a pandemic situation like the one the White House is facing now.” The former presidential advisor who thinks there’s a plan for everything never thought of the possibility of a pandemic. I wonder if there’s a plan for dealing with a president who’s trying to go dictator?
Trump's loyal supporters are the wild card in this scenario. What might they do if called on to protect their leader? Josh Marshall from TPM believes Trump will lose and leave office in January, but he offered a frightening scenario that fits the effort to reduce and discredit mail-in votes.
Much of the current push against vote by mail appears to be an effort to set up a situation in which the President is in the lead with election night results (not at all improbable) and then goes to court to prevent the mail-in vote being counted, using the premise that mail-in votes are somehow inherently tainted. Can he get away with that? Probably not. But with enough toady judges he might be able to drag things out past January.
Historian Nils Gilman took part in the same exercise as Frum and his assessment built on Marshall’s concern. As Gilman put it, “we are facing an ‘election season,’ not an ‘Election Day.’” He also noted the unprecedented nature of this election, given the ongoing pandemic in which provisional, absentee, and mail-in ballots could take days to count. Gilman added that Democrats are expected to receive about 60% of such votes, while Republicans would expect around 33%, thus offering a potential ‘blue shift’ in vote totals.
Gilman’s words brought back memories of hanging chads and the uncertainty around Florida’s recount following the 2000 election in which George W. Bush eventually defeated Al Gore. If you lived through those uneasy days, what do you think the time from early November to late January might be like for this go around?
And Gilman’s overall assessment of the wargaming exercise seemed far less optimistic than Frum’s.
The bad news: In each scenario other than a Biden landslide, we ended up with a constitutional crisis that lasted until the inauguration, featuring violence in the streets and a severely disrupted administrative transition.
Chase that thought down with this chart of US gun sales.
I’ll leave you with a bit of hope from Gilman.
The good news: We also learned a great deal about how to prevent the worst from transpiring.
The point of this writing is to reach people and help affect change. With that in mind, can you help me get the word out?
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