December Will Be Very Dangerous

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            It’s too early to celebrate, back-to-brunch Democrats.

            Liberal voters are counting Biden’s corporatist cabinet picks. But we still don’t know for sure that Trump will let them hatch. There’s still a significant chance — I would put it at 50-50 — that the “outgoing” president will engineer a coup d’état in order to remain in power.

            Democratic-aligned media outlets are promulgating wishful thinking. They’re crowing about a routine, peaceful transfer of power. They’re making fun of the Trump campaign’s losses in court challenges to the election results and making light of the president’s hope that faithless electors will trigger the 12th Amendment scenario by causing Biden to fall short of 270. The mainstream pundit class points to the bureaucracy’s granting of access to Biden’s transition team and to excerpts from a recent Trump interview as evidence that he has accepted defeat. (In fact, Trump said that if the electoral college votes for Biden, they will have “made a mistake, ’cause this election was a fraud.”)

            But they are ignoring human motivation.

            Trump has every reason to use radical means to remain president, democracy and constitution be damned. If he leaves the White House on January 20, the former president loses executive immunity and becomes exposed to an array of fraud and corruption charges related to his businesses. The New York State charges are the most hazardous. He could well be convicted and sent to prison on those. Even if Biden were to issue a presidential pardon, a law specifically directed at Trump ensures that a federal pardon would not apply to New York’s state convictions. Trump is an old man, hardly in good health. He could spend the rest of his life in prison — unless he declares martial law and becomes America’s first dictator.

            Cynics, a group I usually identify with, believe that wealthy and powerful white guys like Donald Trump are never held accountable for their crimes, much less go to prison. For Trump, that has been the case so far. But there have been exceptions. As happened to Martin Shkreli, Bernie Madoff and Jeffrey Epstein, everything indicates that Trump’s white privilege card has been revoked. The ruling classes are dying to see Trump humiliated, perp-walked, and mug-shot in a jumpsuit that matches his skin tone. The neoliberals never considered the master of crass to be one of their own. Now he is a full-fledged class traitor, our Huey Long. Populist and verbally skeptical of the militarism and job-exporting free trade agreements that line the capitalists’ Cayman accounts, Trump has proven that a sizable portion of the American public—on the right, no less!—agrees with him. The elites despise him for this. They will not save him.

            Trump’s lawsuits will fail. (He knows.) The electoral college will elect Biden.

Trump will then have five weeks to decide what to do. Await his fate at Mar-a-Lago? Trump isn’t passive, especially when he fears he’s going to lose. Fly to exile in Israel or Saudi Arabia? Netanyahu is too beholden to the U.S. to risk offending an incoming Biden Administration; Saudi Arabia is one of the most unpleasant places on earth.

Trump’s coup calculus is simple: what’s the worst-case scenario if he fails? Arrest and prison? He’ll be no worse off than if he didn’t try.

Trump has two major advantages that the usual coup plotter doesn’t. First is incumbency: he currently has his hands on the levers of power. He’s not looking to change anything; he’s trying to keep things the way they are. Second, he doesn’t have the support of the military—but he doesn’t need it. His would be a “police coup” carried out by the numerous local police departments whose unions endorsed him for reelection, alongside federalized state police and deputized paramilitary MAGA goons.

Leaders of the armed forces, the only institution that could stop Trump, would face an awful choice. If they remove the civilian head of government, even a rogue, they are carrying out a military coup. They would have to shoot at local police, many of whom are veterans. If the army were to stand down, they would be tacitly endorsing Trump’s police coup. My experience is, when people face two bad choices, they do nothing—which is why I don’t think Trump has to worry about the military.

History tells us how such a coup would go down. Newspapers will disappear, radio will go silent, television will go dark, the Internet will be turned off. Police checkpoints will spring up on city streets and along highways. After a short time, perhaps a few days, the president will inform us that it’s all for our own good, that he’s trying to protect America and democracy and everything beautiful, but that a state of emergency is necessary to preserve law and order. There will be curfews, martial law, a ban on political protests and gatherings. Communications will resume in a limited fashion. Even news media outlets that used to be critical of Trump will sing his praises.

In most other countries, a coup leader like Trump would face dogged resistance. But that usually requires socialists and communists; only a disciplined Marxist movement stands a chance at destabilizing an authoritarian regime. Fortunately for Trump, a century of ruthless oppression and right-wing propaganda has eliminated the actual left.

Trump set the stage for a coup by moving loyalists into key positions. After the election he fired the Secretary of Defense, a man notable because he refused to send the military to fight protesters on American streets, and replaced him with a toady. The Undersecretary of Defense for Intelligence also got the axe. He did the same to the Director of the Cybersecurity and Infrastructure Security Agency at Homeland Security. The directors of the CIA and FBI reportedly have targets on their backs as well. Wishful-thinking Democrats speculate that the firings are mere retribution by a spiteful Trump. If so, it’s interesting that Trump’s revenge is limited to key national security figures. Didn’t anyone in the Department of Agriculture ever piss him off?

“When you surround an army, leave an outlet free,” counsels Sun Tzu. “Do not press a desperate foe too hard.” The powers that be are ignoring this advice. If they were wise, they would approach Trump with a deal: go quietly, return to your real estate business, and you won’t be prosecuted. No more rallies. No more political campaigns.

Instead they have turned him into a cornered rat. Because the authorities are hell-bent on humiliating and destroying a sitting president, the American republic is about to go through one of its most dangerous months in history.

Trump might resign himself to months and years of court hearings, trials, prison for him and his family. But I wouldn’t count on it.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Political Suicide: The Fight for the Soul of the Democratic Party.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

Mail-in Balloting, the 12th Amendment and Impending Doom

Letters to the editor: On vote-by-mail

            More than 80 million Americans are expected to cast mail-in ballots this fall, representing a 16-fold increase over 2016.

            This is probably going to cause a constitutional crisis of epic proportions.

            The problem isn’t the possibility of fraud that Donald Trump has been going on about. Cases of possible double voting or voting on behalf of dead people Daley-machine-style are statistically insignificant, amounting to at most 0.0025% of mail-in votes.

            The real issue is that the ballots may not be counted on time, triggering the insanity of the 12th Amendment to the U.S. Constitution.

            The date to remember is December 14th, when the delegations of the Electoral College meet in their respective states. That’s a hard deadline. Each delegation can only certify their state’s vote counts if they are 100% complete—machine votes cast in person at polling places on election day, early votes, absentee ballots, write-ins and, this year, COVID-19 mail-in ballots. If the state fails to certify on time, its electoral college votes aren’t counted.

            Within each state, there is a canvassing/certification deadline for county officials to submit their results. Most are in late November. California, with a December 11th deadline, cuts it close and usually files its national certification last.

            State election officials are doing their best to meet the challenge. They are hiring additional staff, buying new tabulation machines and installing drop boxes. Even assuming that they will be able to hire the additional personnel they need in the midst of the coronavirus pandemic, the practical impediments to meeting the December 14th deadline are daunting. Mail-in ballots are manually opened and signatures must be visually compared, sometimes several times, to Board of Election records.

Then there are technicalities. For example, 16 states require mail-in ballots to be submitted with an extra “privacy envelope.” In the battleground state of Pennsylvania, 6.4% of absentee ballots submitted in a 2019 election were rejected because voters neglected to insert their ballot inside the privacy envelope inside the mailing envelope—a significant margin that could change the outcome on a national level. Both parties are gearing up for legal challenges about issues like this across the nation.

“Every absentee or mailed ballot, even if dropped off directly at the designated county drop box or polling center, most likely will not get counted on Election Day, and it can easily be challenged and delayed and even rejected on a technicality,” Jed Shugerman writes at Time. “Every mailed or absentee ballot, in an envelope with signatures, is its own hanging chad, its own built-in legal delay.”

            If enough states are embroiled in vote-counting controversies to prevent either President Trump or former Vice President Biden from achieving the 270 electoral votes required to declare them president-elect on December 14th, the obscure 12th Amendment kicks in.

            Used only once—in 1825 to elect John Quincy Adams—the 12th Amendment triggers a bizarre “House of Cards” series of remedies guaranteed to eliminate any remaining belief that the Framers wrote a perfect document designed to withstand the test of time, or that the United States is a democracy.

            After the new 117th Congress convenes on January 3rd, the House of Representatives would vote to elect the president and the Senate would elect the vice president. “Each state delegation gets one vote, and 26 votes are required to win [out of 50 states],” reports the Associated Press. “In the Senate…each senator gets a vote, with 51 votes [out of 100 seats] required to win.”

            Even if Democrats enjoy another “blue wave” election that allows them to pick up congressional seats, they will not capture 26 state delegations in the House of Representatives. Trump would win. If Democrats have taken back the Senate, they could select a vice president to replace Mike Pence.

            It wouldn’t matter if a newspaper recount were to determine later on that Biden should have won both a popular and electoral vote landslide. Trump would remain in the White House.

            The Democratic Party and its allies in the media have been pushing mail-in balloting, but voters who want to see Joe Biden elected and are willing to brave the health risks should consider showing up for early in-person voting. In-person ballots are far less susceptible to rejection over technical issues like security envelopes, they are counted immediately and they thus meet the December 14th deadline for certification.

            As my readers are aware, I do not support either Trump or Biden and will be voting third party, probably for the Greens, this fall. But I don’t support disenfranchisement either. I want everyone’s will to be expressed.

            No matter what happens, no matter who wins, American politics are about to become extremely dangerous. Democracy fails when the losing side refuses to accept the legitimacy of the winning side. That will certainly be the case this year.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of the biography “Political Suicide: The Fight for the Soul of the Democratic Party.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

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