Sunday, January 10, 2021

A Mystery to Me

 

Why has Congress not given slain Capitol Police Officer Brian Sicknik a state funeral, culminating in interment at Arlington National Cemetery?  An enormous cortege, consisting of unit after unit and band after funeral march-playing band, winding slowly past the White House – what a great way to give Donald Trump the parade he always craved and make an unanswerable political statement at the same time!

Why are Democrats insisting on another impeachment of Trump “to demonstrate that a President can’t get away with inciting insurrection in an attempt to keep Congress from performing one of its Constitutional duties” when they know it would likely only result in another Senate acquittal –thus ending up by establishing that a President can do exactly that and get away with it?

Why do they persist in this effort even though the President-elect they have installed at such great effort and expense has signaled it’s not his preference?  Why so ready to refuse to be led, now that they have a clear leader?

I’m afraid the answer is that the Democratic Party is lacking in political imagination, savoir-faire and, worst, instinct.  Their sense of political theater is desperately deficient.  Maybe it has been since Adlai Stevenson.  How can this be, with the vast preponderance of creative artists on their side?

Don’t know. It’s a mystery to me.

Saturday, January 9, 2021

Another Great Work of the Indefatigable BKS

 

Here’s a link to a compilation of everything filed in my still-pending case challenging Gov. Ducey’s eviction ban, Gregory Real Estate and Management, LLC v. Keegan.  The first appellate decision should be handed down in a month or two.  Important questions of Arizona constitutional law are involved, even though as a practical matter these gubernatorial orders have been superseded by the CDC’s federal moratorium (itself due to expire in another three weeks) –

Gregory R.E. and Management, LLC v Keegan

Trump's Attempted Coup

 

On November 22, 2020, I wrote in a blog post here:

  There is the possibility that Trump is not just deeply neurotic but either has long been or has recently become psychotic.  In that event, his egomaniacal delusion could well lead him to summon violent resistance to his removal.  While such resistance would have very little chance of being successful, however unsuccessful it might be it would have enormously detrimental effects on America’s economy, institutions and prestige.  But I think it’s more likely that Trump will be dissuaded from taking such a risk.

About the same time I wrote elsewhere (in a comment on a Youtube post):

He [Trump] is desperate to avoid prosecution and incarceration, the former inevitable and the latter highly likely if and when he ceases to be President.  Therefore, he will do whatever he dares to do in order to retain the Presidency.  Fortunately he’s not very daring, but unfortunately he doesn’t understand the system well enough to know what’s possible and what’s not possible.

The first of these quoted comments of mine was partly wrong.  Trump is psychotic but was not dissuaded from summoning violent resistance to his removal.  The second was spot on.  Trump was safe in the White House during the fighting on Capitol Hill, and even though his minions succeeded in stalling the counting of electoral votes for a time there was never a chance the outcome would be a second term for Trump.  In November I failed to focus on the exact form of violent resistance Trump would summon.  I underestimated Trump’s cowardice, his lack of understanding of the U.S. military and the depth of his followers’ delusion, ignorance and depravity.

Whatever secret overtures were made to the Pentagon on his behalf, the senior officers made their unwillingness to cooperate clear in a series of statements culminating in December, followed at the beginning of January by all the living former Secretaries of Defense.  We may not know for years exactly what sort of back-channel suggestions prompted the generals’ and Secretaries’ statements, but Trump had another arrow in his quiver.

Trump did summon violent resistance.  He thought his ranting, bloodthirsty fans could stop Congress from completing the final formal step of the 2020 Presidential election – and they did, for about four hours.  His agent and unsuccessful lawyer, having failed to win any judicial trial for his master, told the large and unruly crowd (expressly summoned to DC by Trump for a day that he promised would “be wild”) that their cause now depended on “trial by combat.”  Then Trump instructed them to march on the Capitol, where he knew Congress was sitting to count the electoral votes and certify the winner.  He repeated his claim that the election had been “rigged,” urged his supporters to be strong, told them “we’ll never take our country back by being weak,” and promised to march with them.

There is no way the tumult Trump set in motion could have advanced his cause unless the mob succeeded in keeping Congress from fulfilling its Constitutional responsibility.  The mob did exactly that for several hours and with a little more coherent planning and leadership it could well have slaughtered Congressional leaders and dispersed the Congress itself.  Perhaps Trump’s plan was to invoke the Insurrection Act at that point, ostensibly to enable Congress to reconvene but actually (with the connivance of his recent political appointees to the DOD, who may have been responsible for keeping the National Guard out of DC during the coup attempt) to prevent it.  That none of this would have extended his term of office is far too subtle a point for Trump to worry about in his desperation.  If he could prevent the completion of the final step of the election then something else might turn up.  Such is the reasoning of desperation.  And that Congress would evade his minions and reconvene, in Silver Spring or Philadelphia, was beyond his political imagination.

Nothing exemplifies Trump’s character better than his egging the mob on and promising to march along with them, then scuttling right back to 1600 Pennsylvania Ave. to watch events unfold on TV.  He summoned and stirred up his forces and sent them to fight for him while staying in a safe place and maintaining “deniability” – albeit of a scarcely plausible kind.  “Why, goodness me, I never dreamed those folks would do anything the least bit violent,” he will be heard to whine for all the years he lives.  Alternately he will insist that they were “good people” and legitimately aggrieved, but if any of the rebels* is counting on receiving a pardon he will be sadly disappointed.

At his rallies Trump used to urge his followers to rough dissidents up and promise to pay for their defense if they were prosecuted as a result.  But when one was arrested and charged with assault, he got not a penny for his legal expenses nor even a letter of sympathy from Trump.  Trump will be saving the pardons for himself, his family and those who can do him a good turn – like tax-dodging billionaires, drug lords and other potentates of foreign countries.  In his mind, those who fought Congress for him but lost will be nothing but fools, losers and, worse, an embarrassment to him.

Trump also lacks sufficient political understanding to know that rebellion must either succeed and crown the rebels with prosperity or fail and bring them down in ruin.  He who dares to strike the king gambles all and must dare greatly.  In his cheating huckster fashion he simply reckons that he can deny involvement in the failed rebellion.  His last Presidential act will be to pardon himself (perhaps just slipping the sealed document into his coat pocket against a rainy day), but this will not prevent the searching investigation in which all the resources of the offended government will be deployed. [Post-scriptum: When I wrote this, Republican Congressional leaders were still denouncing the insurrection and blaming Trump for it.  As a Goldwater Republican I could not even imagine that soon nearly all of them would fall in to defend Trump in every dishonest way they could.]

*  And murderers.  From the 1890s encyclopedia my grandmother gave me, under Riot: “There must be at least three offending actors.  The wrongdoers must be engaged in some private purpose and not in any attempt to overthrow or subvert the government, which is treason. … No distinction is made between the relative degrees of violence on the part of the rioters [still less of insurrectionists]; all the participants are responsible for all that takes place.”