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Im-Politic: The January 6th Card Isn’t Working for the Democrats

12 Saturday Feb 2022

Posted by Alan Tonelson in Im-Politic

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Biden, Capitol assault, Capitol riots, CNN, Democrats, Donald Trump, election 2022, election 2024, Im-Politic, January 6, January 6 committee, midterm elections, midterms 2022, Pew Research Center, RealClearPolitics.com, Republicans

Some compelling evidence emerged this past week that if the Democratic Party thinks it’s going to prevent major losses in this year’s Congressional elections mainly by beating the Capitol riot and the Donald Trump-as-deadly-danger-to-American-democracy drums, it needs a major reality check. For new polls are showing that the public is increasingly moving on from January 6th, and is less and less critical of the former President’s role.

The most eye-opening survey results came out on Tuesday from the Pew Research Center. They showed that, since the immediate aftermath of the attack, 52 percent of the country’s adults assigned Trump “a lot of responsibility” for the riot, 23 percent said he deserved “some” responsibility, and 24 percent saw him as blameless. But of those responding to the same question in the middle of last month, only 43 percent agreed with “a lot,” 24 percent agreed with “some,” and 32 percent agreed with “none at all.”

Predictably, a big partisan split emerged. But changes in Trump’s favor were evident even among adults calling themselves Democrats and those avowedly leaning Democratic. Last year, 81 percent told Pew that Trump bore “a lot” of blame for the riot, 14 percent answered “some” blame, and just five percent let him off the hook. This year, the results were 70 percent, 17 percent, and 12 percent, respectively.

A CNN-co-sponsored poll also taken last month and released Thursday found somewhat similar results in response to a somewhat different question. Last January, 75 percent of the adult respondents surveyed called the Capitol attack a “crisis” or “major problem” for American democracy, with 36 percent choosing “crisis.” Last month, the comparable overall figure was 65 percent, with 28 percent calling the riot a “crisis.”

These two surveys also warn Democrats not to expect the House of Representative’s January 6th committee to be a political game changer. The Pew poll reports that, since last September, the share of U.S. adults who have heard a lot about the committee has more than doubled. But it’s still just 26 percent. And only 29 percent of Democrats say they’ve been tuned in to this extent.

Meanwhile, according to Pew, only 44 percent of American adults overall are “very” or “somewhat” confident that the committee’s investigation of the riot is “fair and reasonable.” Fifty-four percent are “not too” or “not at all” confident.

CNN’s results were more favorable to the committee: Forty-four percent of its respondents viewed it as “a fair attempt to determine what happened” and just 36 percent dismissed it as a “one-sided effort to blame Donald Trump.” (Twenty percent “hadn’t heard enough to say.”) But no earlier figures were presented to enable judging any trend over time.

But maybe the most revealing poll results pointing to a big fading of January 6th’s political effects (totally contrary to what yours truly predicted) come from RealClearPolitics.com. Since August, the site has tracked polls that have asked the public whether they would back Trump or President Biden if they ran against each other in the 2024 presidential election. Of the 12 surveys monitored, Trump has won in ten and one produced a tie.

At least as revealing: In five of these polls (including two of the last three), the “Trump vote” topped his official 46.86 percent share of the 2020 vote.

As I’ve written previously, this could all change if the House committee or the press produce some genuinely blockbuster findings, or if Trump is perceived to be going unprecedentedly far off the rails or if most of the myriad challenges and opportunities sure to face America over the next few months break the Democrats’ way. And I certainly don’t rule out Republicans screwing up in some disastrous way between now and November.   

But so far, it looks very much like their “All January 6th” approach has been a bad bet for Democrats. At the same time, given Mr. Biden’s record and deep unpopularity, maybe it’s still the best bet they’ve got.

Im-Politic: A Year After

05 Wednesday Jan 2022

Posted by Alan Tonelson in Im-Politic

≈ 2 Comments

Tags

Biden, Capitol assault, Capitol riots, China, Constitution, Democrats, Donald Trump, election 2024, GOP, Im-Politic, Immigration, impeachment, January 6, January 6 committee, Populism, Republicans, Trade

Tomorrow is the first anniversary of last January 6’s Capitol riot, and it’s also when we’ll see the new monthly U.S. trade figures (which I’m really anxious to cover). So I figured I’d post today on what to me is the most fascinating and important development stemming from that day’s tumult:  Contrary to my expectations, the impact on American elective politics has been pretty slight so far and may well stay minimal. And that includes on the question of Donald Trump’s political future.

Before starting the political analysis, let me recap my main views on the actual events of January 6, the run up to them, and their immediate aftermath.

First, anyone who forced their way into the Capitol building, or even past the security barricades then erected around its perimeter, should be punished severely. Ditto for anyone who planned these actual attacks, and anyone illegally present in the building or anywhere on the Capitol grounds who resisted arrest and/or destroyed property.

Second, anyone illegally inside the building who didn’t act violently should be punished, too, though less severely (for reasons explained nicely by CNN here and here). For even if they just wandered in once the entrances were left unguarded, it should have been obvious from the chaos and violence they must have seen and/or heard that something was very wrong. Moreover, it’s a well established principle that ignorance of the law (in this case, trespassing on government grounds) is no defense.

Third, I see no valid argument for going after individuals who were simply present on the Capitol grounds outside the building and stayed outside, and even less of a case for action against those who simply attended the Trump rally that preceded the attack. And this includes actions taken by public or private employers.

Fourth, too many important, disturbing, and unanswered questions about Capitol security procedures and preparations remain unanswered. Principally, why weren’t the big metal doors on the Capitol’s ground level closed immediately after it became obvious that a crowd was milling about that included folks with bad intent? And why was the security presence so light to begin with?

Fifth, Nothing said by Trump at the rally qualified in legal terms as incitement to riot. Consequently, that argument for impeachment and removal was always bogus. Another argument was stronger, but in my view still inadequate – Trump’s delay (which I described as “reckless”) in urging the Capitol breachers to cease and desist at once, and in condemning their actions. It’s inadequate because it was a delay (in carrying out his Constitutional duties to “take Care that the Laws be faithfully executed”), not a refusal or a failure.

It’s possible that the investigations into the January 6 events by the (Biden) Justice Department or Congress’ January 6 committee might uncover stronger evidence of Trump culpability on any of these counts. But we simply haven’t arrived at that point yet.

These positions led to the three main political conclusions I drew about January 6:

>the former President would remain influential in Republican circles (particularly at the grassroots level), but that these favorability ratings would fade;

>Republican political fortunes would take a major and possibly lasting hit, as Democrats would miss no opportunity to remain voters about January 6, especially as elections approached; and

>support for Trump-ian positions on his core issues, notably China and trade policies, and immigration, would be significantly undermined.

As of today, however, these quasi-predictions are looking overblown at best, at least if numerous major national polls are generally on target.

Is Trump’s standing in Republican ranks diminished? As it’s been throughout the year (see, e.g., here and here), the evidence continues to be all over the place. For example, this CBS News survey shows that only 56 percent of self-identified Republicans want the former President to seek reelection in 2024.

At the same time, a new Reuters poll shows that no other likely alternative candidate is even close to him as the GOP’s favorite in the next White House race.

Does this mean that Trump’s only looking good to Republicans because his intra-party competition appears so unimpressive? That’s possible. Yet this Pew Research Institute poll shows that these same voters rate Trump’s presidential performance as nearly as highly as that of the revered Ronald Reagan.

Some similarly, seemingly contradictory, trends can be found in the national electorate’s views of Trump. That aforementioned CBS survey reported that a mere 26 percent of all U.S. adults want Trump to run again in 2024 (including only 23 percent of independents). According to recent RealClearPolitics.com averages, though (which combine the results of several individual soundings), Trump would beat President Biden in the popular presidential vote if the contest were held today.

And public opinion on the blame for January 6 seems pretty irrelevant. How else can you explain this Washington Post-University of Maryland finding that 60 percent of American adults believe that Trump bears “a great deal” or “a good amount” of blame for the riot?

Nor are there many signs that the GOP’s image overall has been tarnished by January 6 or by the party’s response to the Capitol attack or its reaction to whatever responsibility Trump deserves. The strongest evidence: Since November, Democrats have fallen behind Republicans in RealClearPolitics‘ gauge of which party Americans would support in a “generic” race for a seat in Congress. 

Most alarmist of all have been my fears that the public would turn against Trump-ian trade and immigration policies. Indeed, hard lines on China (which Mr. Biden has largely embraced) and on border security (which the President has clearly botched) are more popular among the electorate than ever.

In my defense, my initial reaction to the politics of January 6 did include the caveat that any damage to the Trump or Republican images could be limited, and even overcome, either if Americans’ characteristically short memories simply reasserted themselves again, or if they soured big-time on Mr. Biden. Clearly, the nation has seen a good deal of both.

Yet could outrage over the Trump and Republican January 6 roles and responses still be successfully stoked by Democrats going forward? To date, that doesn’t seem likely. Democrat Terry McAuliffe tried this tack in last November’s Virginia governor race – explicitly warning that a victory by Republican rival Glenn Youngkin would boost Trump’s future presidential prospects. He failed miserably. And these two polls (here and here) reveal only middling-at-best national trust in the fairness of the January 6 committee. 

Again, future bombshell revelations can’t be ruled out. But for the time being, it looks like for better or worse, the American public is steadily moving on from January 6. Will the Democrats? Can they?       

       

Im-Politic: Race-Mongering and the Hell of No Intentions

23 Tuesday Mar 2021

Posted by Alan Tonelson in Im-Politic

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Asian-Americans, Biden, Capitol riots, critical race theory, Donald McNeil, hate crimes, Im-Politic, Jay Caspian Kang, Kamala Harris, race relations, racism, The New York Times, white privilege

It’s bad enough when self-appointed – and then government- and/or business- and university-endorsed – experts on racism spread the claim that intentions don’t matter at all when it comes to identifying the forms of bigotry that have harmed various American minorities throughout the country’s history, and that continue holding them back today.

It’s that much worse when they and the nation’s leaders casually throw around terms like “white privilege” – which insist, inter alia, that the very denial of bigoted beliefs is proof of their existence – and even turn them into firing offenses. And it’s worse still when the President and Vice President explicitly agree that actions should be treated as proof of racism in the absent any evidence of racial motivation.

That’s why the weekend comments on the recent Atlanta spa killings by President Biden and Vice President Harris are so dangerously divisive for a country that isn’t exactly short of dangerous divisions these days. I’m talking about the former’s statement that

“Whatever the motivation [for the Atlanta killings], we know this: Too many Asian Americans have been walking up and down the streets worrying. They’ve been attacked, blamed, scapegoated and harassed”;

and the latter’s more detailed declaration that

“Whatever the killer’s motive, these facts are clear. Six out of the eight people killed on Tuesday night were of Asian descent. Seven were women. The shootings took place in business owned by Asian-Americans. The shootings took place as violent hate crimes and discrimination against Asian-Americans has risen dramatically over the last year or more.”

The only possible silver lining could be their prompting of some serious national attention to the real relationship between intentions and events before the situation gets completely out of hand. So here’s an initial effort.

Let’s start off with what’s presumably still common ground. I trust that every thinking person understands that good intentions alone don’t guarantee results that would widely be recognized as positive, either in terms of public policy or private behavior. Well-meaning words or deeds can easily overreach or backfire in all sorts of ways, especially if not well-informed or carefully thought through. They can also easily – and often rightly – be deemed offensive, especially when the well-intentioned hold more power than the the objects of their supposed largesse. And let’s not forget that good intentions per se can be difficult to distinguish from cynical, narcissistic, or simply hollow virtue-signalling.

Every thinking person surely also agrees on condemning well-meaning words that clash with deeds – that is, hypocrisy. When public officials are guilty, that’s legitimate news and they should pay a price. In both the public and private sectors, the same goes for deeds that violate the law, whether they’re inconsistent with any words spoken or written by the perpetrator or not. And when public and influential private sector individuals may be involved, certainly journalistic or other investigation and presentation of any relevant information is warranted.

Nor should it be overly difficult to recognize what’s right and wrong in more complicated circumstances – like those involving insistence that significant and/or official racism has vanished in America because segregation laws have been eliminated, or because affirmative action programs have been in place for decades, or because an African-American has been elected President, and that ignore the lingering effects of government-produced or government-tolerated discrimination. (Basing public school funding heavily on property taxes is a glaring example of the former; housing red-lining is an example of the former turning into the latter.)

Whether such ignorance is willful or genuine, it’s certainly never admirable. At the same time, should such holding beliefs result in careers being damaged, or personal reputations being trashed in public – with innocent family members being victimized in the process? That strikes me as opening the door to the totalitarian practice of prosecuting thought crimes – which all too easily lead to conviction because by definition no tangible or visible evidence would be required to establish guilt. And who actually wants America to turn into a society that would, therefore, inevitably be dominated and psychologically paralyzed or worse by fear of indictment? And who actually wants to hand unscrupulous individuals such extraordinary power to intimidate and injure, an outcome that also seems entirely plausible. Unless you believe that all men and women are angels?

The Biden and Harris Atlanta comments go even further toward severing the link between words and thoughts on the one hand, and deeds and results on the other. And don’t underestimate the impact of presidential versions of the Good Housekeeping Seal of Approval. In particular, they threaten to boost the likelihood that evidence-free claims will suffice to produce actionable findings of racism or other forms of bigotry, to make the sensibilities of even the most fragile personality or prejudice-mongering individual the determinant of guilt, and to trigger all the aforementioned consequences and increased fear and self-censorship.

If you’re skeptical, check out what happened to a veteran New York Times reporter who was forced to leave his job because students that he led on a Times-organized educational tour of Peru complained that he used both the N-word and other racially insensitive language in their presence. The reporter, Donald McNeil, claimed that the context of these comments revealed no bigoted tendencies whatever, and according to his detailed account of the episode – which hasn’t been challenged – he has the facts on his side.

But what’s most important is that when the paper announced McNeil’s departure to the staff, it specificied that these facts – including the context – didn’t matter. “We do not,” the Times said, “tolerate racist language regardless of intent.”  (See here for the full story.)

Such troubling disregard for the facts themselves – as opposed to how they bear on issues of intent – is also clear from the Biden and Harris remarks. In the first place, despite all the press coverage they’ve received, it’s far from clear that any surge in hate crimes against Asian-Americans has even taken place. As pointed out by – Asian-American writer – Jay Caspian Kang, an at-large contributor to the magazine section of that same New York Times, these claims

“largely rely on self-reported data from organizations like Stop AAPI Hate that popped up after the start of the pandemic. These resources are valuable, but they also use as their comparison point spotty and famously unreliable official hate crime statistics from law enforcement. If we cannot really tell how many hate crimes took place before, can we really argue that there has been a surge?

“There have also been reports that suggest that these attacks be placed within the context of rising crime nationwide, especially in large cities. What initially appears to be a crime wave targeting Asians might just be a few data points in a more raceless story.”

So it’s entirely reasonable to worry that the slighting of intent issues by the nation’s two top elected leaders could also encourage the rapid proliferation of all encompassing and never-ending searches for racial or other bigotry-related dimensions of any events involving different categories of people – even normal, every day life interactions.

I can’t imagine a more effective formula for encouraging much of the nation to walk on eggshells in understandable fear of retaliation from all manner of racial justice vigilantes armed with the unprecedented naming and shaming power of social media – and for stoking countervailing variants similar to those that reared their own ugly head on January 6. 

Following Up: Two Hopeful Signs from Trump’s CPAC Speech

01 Monday Mar 2021

Posted by Alan Tonelson in Following Up

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Capitol riots, Conservative Political Action Conference, Conservative Populism, CPAC, Donald Trump, election 2020, election integrity, Following Up, Jeff Sessions, Kevin McCarthy, Populism, voter ID

He came, he spoke, and he left the audience happy. Not that I view Donald Trump as a Caesar-esque figure, but a paraphrase of that Caesar-esque remark seems to describe well the former President’s speech and its reception yesterday at the Conservative Political Action Conference (CPAC).

Two aspects of the speech – the former President’s longest public utterance since his pre-Capitol riot rally speech – made yours truly especially happy. First, he spent a fair amount of time defining what he (and many others, including me) called “Trumpism.” And second, his inevitable treatment of the election 2020 integrity issue was nearly as forward looking, and therefore constructively focused on how last fall’s unmistakable voting and vote-counting irregularities can be minimized from now on, as it was backward looking, and therefore divisively focused on claims of an outright political steal (which, as I’ve previously said, haven’t struck me as results-altering).

Trump’s attention to a Trumpist perspective counts mainly because at least in principle it conveys the idea that he’s interested in consolidating and strengthening his legacy by promoting a set of programs and policies, and not simply by mounting a comeback of his own and emphasizing personal loyalty. In other words, possibly along with not explicitly declaring even an interest in running for reelection in 2024, the former President has opened the door to the possibility of Trumpism without Trump – that is, the party’s nomination of a presidential candidate who’s with him on the issues but lacks his troubling personality traits.

Of course, talking this talk doesn’t mean that Trump will walk this walk. In this respect, I can’t help but recall the way he excommunicated from Trumpworld his first Attorney General and the former Senator from Alabama Jeff Sessions, who was a Trumpy (and in my view admirably serious) conservative populist way before Trumpy was cool, and in fact became the first sitting Senator to endorse his 2016 White House bid.

It’s true that Sessions was villified – and essentially denied a return to the Senate last year when Trump endorsed his much less ideologically Trumpian opponent in the state’s Republican primary – because he recused himself from overseeing the Justice Department’s investigation of the Trump campaign’s alleged collusion with Russia.

But it’s also possible that the so-called “Russia-Gate” drama was (understandably, given its disgracefully partisan roots and its damage to his early presidency) a one-off event in Trump’s mind. In this vein, perhaps Trump’s continued cordial relations with House Republican leader Kevin McCarthy of California, who blamed him in part for the Capitol Riot, points to a more tolerant Trump going forward.

As for election integrity, don’t overlook the fact that Trump led off by demanding voter identification requirements. First, polls show it’s incredibly popular among the public, enjoying, for example, 76 percent approval in this 2018 Pew Research Center survey. In addition, however, there’s reason to think that Democrats might find it in their interests, too.

How come? Because of evidence that stronger ID requirements have actually spurred Democratic and non-white voter turnout – two paramount and related objectives of the party. Apparently, these rules so incense Democrats that they react both by voting in greater numbers, and by doubling down on efforts to register non-whites.

But regardless of motives, the outcomes should be applauded across the political spectrum. For they mean not simply that more votes are cast, and that voting becomes easier. After all, those shouldn’t goals for democracies that want to remain or become healthy. Instead, the combination of voter ID requirements and more registered voters would mean that voting by those who are eligible is maximized. Who could legitimately object?

So in theory, the election integrity portion of the Trump CPAC speech could help inspire at least a first needed election reform step that even the most extreme partisans would favor. For in states that tighten ID requirements, these new standards would logically set off a heated voter registration competition that would both increase turnout and greatly boost the odds of all ballots cast being valid ballots. That sounds like a win both for election integrity and for a more inclusive political system. And the faster the progress made by this reform campaign in state legislators, the likelier that America’s next presidential election will help bring the nation together rather than drive it further apart.

Making News: New Article on the GOP’s Future Now On-Line

14 Sunday Feb 2021

Posted by Alan Tonelson in Making News

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Capitol riots, conservatives, election 2020, GOP, impeachment, Making News, Republicans, The National Interest, Trump

I’m pleased to announce that my newest freelance article is on-line – an essay for The National Interest on the Republican party’s post-Trump and post-second-Trunp-impeachment future (and whether the former President is even likely to be left behind).

Here’s the piece, which I think you’ll find unusually interesting because of the poll results it describes about the demographic and ideological makeup of Trump voters last November. After all, they still comprise the vast bulk of Republicans. Please note: This is not a re-posting of a previous blog item. 

And keep checking in with RealityChek for news of upcoming media appearances and other developments.

Making News: Trump “Requiem” Post Re-Published in The National Interest…& More!

17 Sunday Jan 2021

Posted by Alan Tonelson in Making News

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allies, Capitol riots, Cato Institute, China, Ciaran McGrath, conservatism, Croatia, Daily Express, Dnevno, economic nationalism, EU, European Union, Geopolitika, globalism, GOP, impeachment, Joe Biden, Making News, Populism, Republicans, Ted Galen Carpenter, The National Interest, Trump

I’m pleased to announce that The National Interest has re-posted (with permission!) my offering from last Wednesday that could be my last comprehensive look-back at President Trump and his impact on politics and policy (at least until the next utterly crazy development along these lines). Click here if you’d like to read in case you missed it, or if you’d like to see it in a more aesthetically pleasing form than provided here on RealityChek.

One small correction still needs to be made: The last sentence of the paragraph beginning with “Wouldn’t impeachment still achieve….” should end with the phrase “both laughable and dangerously anti-democratic.” I take the blame here, because my failure to keep track of the several versions that went back and forth.

In addition, it’s been great to see my post on the first sign of failure for President-Elect Joe Biden’s quintessentially globalist allies’-centric China strategy (also re-published by The National Interest) has been cited in new and commentary on both sides of the Atlantic.

Two of the latest came from Zagreb, Croatia. (And yes, I needed to look up which former region of the former Yugoslavia contained Zagreb – though I did know it was some place in the former Yugoslavia!) They’re found on the news sites Geopolitika and Dnevno.  (These sites must be related somehow because since it’s the same author, it must be the same article.)

On January 14, Ciaran McGrath of the London newpaper Daily Express used my analysis to sum up a column analyzing the Europe-China investment agreement that prompted my post in the first place.

And on January 5, the Cato Institute’s Ted Galen Carpenter (full disclosure: a close personal friend) cited my piece in a post of his expressing general agreement.

And keep checking in with RealityChek for news of upcoming media appearances and other developments.

Im-Politic: Looking Backward and Forward on Trump and Trumpism

13 Wednesday Jan 2021

Posted by Alan Tonelson in Im-Politic

≈ 4 Comments

Tags

cancel culture, Capitol Hill, Capitol riots, China, climate change, Congress, Conservative Populism, Constitution, Democrats, election 2016, election 2020, election challenge, Electoral College, establishment Republicans, Hillary Clinton, identity politics, Im-Politic, Immigration, impeachment, incitement, insurrection, Joe Biden, Josh Hawley, left-wing authoritarianism, mail-in ballots, nationalism, Populism, Republicans, sedition, separation of powers, tariffs, Ted Cruz, Trade, trade war, Trump, violence

(Please note: This is the linked and lightly edited version of the post put up this morning.)

The fallout from the Capitol Riot will no doubt continue for the foreseeble future – and probably longer – so no one who’s not clairvoyant should be overly confident in assessing the consequences. Even the Trump role in the turbulent transition to a Biden administration may wind up looking considerably different to future generations than at present. Still, some major questions raised by these events are already apparent, and some can even be answered emphatically, starting off with the related topic of how I’m viewing my support for many, and even most, of President Trump’s policies and my vote for him in both of his White House runs.

Specifically, I have no regrets on either ground. As I’ll make clear, I consider Mr. Trump’s words and deeds of the last few weeks to represent major, and completely unnecessary, failures that will rightly at least tarnish his place in history.

All the same, legitimate analyses of many developments and resulting situations need to think about the counterfactual. Here, the counterfactual is a Trump loss to Democratic presidential nominee Hillary Clinton in 2016. And I’m confident that her presidency would have been both disastrous in policy terms (ranging from coddling China to moving steadily toward Open Borders immigration policies to intervening militarily more often and more deeply in numerous foreign conflicts of no importance to the United States) and heatedly divisive in political terms (because of her grifting behavior in fundraising for the various supposedly philanthropic initiatives she started along with her husband, former President Bill Clinton; because of her campaign’s payment for the phony Steele dossier that helped spur the unwarranted and possibly criminal Obama administration investigation of the Trump campaign; and because of intolerant and extremist instincts that would have brought Identity Politics and Cancel Culture to critical mass years earlier than their actual arrivals).

As for the worrisome events of the last several weeks:

>As I’ve written, I don’t regard Mr. Trump’s rhetoric at his rally, or at any point during his election challenges, as incitement to violence in a legal sense. But is it impeachable? That’s a separate question, because Constitutionally speaking, there’s a pretty strong consensus that impeachment doesn’t require a statutory offense. And since, consequently, it’s also a political issue, there’s no objective or definitive answer. It’s literally up to a majority of the House of Representatives. But as I also wrote, I oppose this measure.

>So do I agree that the President should get off scot free? Nope. As I wrote in the aforementioned post, I do regard the Trump record since the election as reckless. I was especially angered by the President’s delay even in calling on the breachers to leave the Capitol Hill building, and indeed the entire Capitol Hill crowd, to “go home.” In fact, until that prompting – which was entirely too feeble for my tastes – came, I was getting ready to call for his resignation.

>Wouldn’t impeachment still achieve the important objective of preventing a dangerously unstable figure from seeking public office again? Leaving aside the “dangerously unstable” allegation, unless the President is guilty (as made clear in an impeachment proceding) of a major statutory crime (including obstruction of justice, or incitement to violence or insurrection), I’d insist on leaving that decision up to the American people. As New York City talk radio host Frank Morano argued earlier this week, the idea that the Congress should have the power to save the nation from itself is as dangerously anti-democratic as it is laughable.

>Of course, this conclusion still leaves the sedition and insurrection charges on the table – mainly because, it’s contended, the President and many of his political supporters (like all the Republican Senators and House members who supported challenging Electoral College votes during the January 6 certification procedure) urged Congress to make an un-Constitutional, illegal decision: overturning an election. Others add that the aforementioned and separate charge not includes endorsing violence but urging the January 6 crowd to disrupt the certification session.

>First, there’s even less evidence that the lawmakers who challenged the Electoral College vote were urging or suggesting the Trump supporters in the streets and on the lawn to break in to the Capitol Building and forcibly end the certification session than there’s evidence that Mr. Trump himself gave or suggested this directive.

>Second, I agree with the argument – made by conservatives such as Kentucky Republican Senator Rand Paul (often a Trump supporter) – that authorizing a branch of the federal government unilaterally to nullify the results of elections that the Constitution stipulates should be run by the states is a troubling threat to the Constitutional principle of separation of powers. I’m also impressed with a related argument: that sauce for the goose could wind up as sauce for the gander.

In other words, do Trump supporters want to set a precedent that could enable Congress unilaterally to overturn the election of another conservative populist with something like a second wave of Russia collusion charges? Include me out.

>Further, if the Trump supporters who favored the Electoral College challenge are guilty of insurrection or fomenting it, and should be prosecuted or censured or punished in some way, shouldn’t the same go for the Democrats who acted in the exact same ways in other recent elections? (See here and here.) P.S. Some are still Members of Congress.

>Rather than engage in this kind of What About-ism, and help push the country further down the perilous road of criminalizing political behavior and political differences, I’d much rather consider these challenges as (peaceful) efforts – and in some cases sincere efforts – to insert into the public record the case that these elections were marred by serious irregularities.

>How serious were these irregularities? Really serious – and all but inevitable given the decisions (many pre-pandemic) to permit mass mail-in voting. Talk about a system veritably begging to be abused. But serious enough to change the outcome? I don’t know, and possibly we’ll never know. Two things I do know, however:

First, given the thin Election 2020 margins in many states, it’s clear that practices like fraudulent vote-counting, ballot-harvesting, and illegal election law changes by state governments and courts (e.g., Pennsylvania) don’t have to be widespread. Limiting them to a handful of states easily identified as battlegrounds, and a handful of swing or other key districts within those states, would do the job nicely.

Second, even though I believe that at least some judges should have let some of the Trump challenges proceed (if only because the bar for conviction in such civil cases is much lower than for criminal cases), I can understand their hesitancy because despite this low-ish bar, overturning the election results for an entire state, possibly leading to national consequences, is a bridge awfully far. Yes, we’re a nation of laws, and ideally such political considerations should be completely ignored. But when we’re talking about a process so central to the health of American democracy, politics can never be completely ignored, and arguably shouldn’t.

So clearly, I’m pretty conflicted. What I’m most certain about, however, is that mass mail-in ballots should never, ever be permitted again unless the states come up with ways to prevent noteworthy abuse. Florida, scene of an epic election procedures failure in 2000 (and other screwups), seems to have come up with the fixes needed. It’s high time for other states to follow suit.

As for the politics and policy going forward:

>President Trump will remain influential nationally, and especially in conservative ranks – partly because no potentially competitive rivals are in sight yet, and possibly because Americans have such short memories. But how influential? Clearly much of his base remains loyal – and given his riot-related role, disturbingly so. How influential? Tough to tell. Surely the base has shrunk some. And surely many Independents have split off for good, too. (See, e.g., this poll.) Perhaps most important, barring some unexpected major developments (which obviously no one can rule out), this withering of Trump support will probably continue – though the pace is tough to foresee also.

>The Republican Party has taken a major hit, too, and the damage could be lasting. In this vein, it’s important to remember that the GOP was relegated to minority status literally for decades by President Herbert Hoover’s failure to prevent and then contain the Great Depression. Those aforementioned short American memories could limit the damage. But for many years, it’s clear that Democratic political, campaigns, and conservative Never Trumper groups like the Lincoln Project, will fill print, broadcast, and social media outlets with political ads with video of the riot and Mr. Trump’s rally and similar statements, and the effects won’t be trivial.

>What worries me most, though, is that many of the urgently needed policies supported and implemented by the Trump administration will be discredited. Immigration realism could be the first casualty, especially since so many of the establishment Republicans in Congress were such willing flunkies of the corporate Cheap Labor Lobby for so much of the pre-Trump period, and Open Borders- and amnesty-friendly stances are now defining characteristics of the entire Democratic Party.

The Trump China policies may survive longer, because the bipartisan consensus recognizing – at least rhetorically – the futility and dangers of their predecessors seems much stronger. But given Biden’s long record as a China coddler and enabler, the similar pre-Trump views of those establishment Republicans, and their dependence on campaign contributions from Wall Street and offshoring-happy multinational companies, important though quiet backtracking, particularly on trade, could begin much sooner than commonly assumed. One distinct possibility that wouldn’t attract excessive attention: meaningfully increasing the number of exemptions to the Trump China and remaining metals tariffs to companies saying they can’t find affordable, or any, alternatives.

>Much of the political future, however, will depend on the record compiled by the Biden administration. Not only could the new President fail on the economic and virus-fighting fronts, but on the national unity front. Here, despite his reputation as a moderate and a healer, Biden’s charge that Republican Senators Ted Cruz and Josh Hawley have used Nazi-like tactics, and race-mongering comments accusing law enforcement of handling the overwhelmingly white Capitol Rioters more gingerly than the racial justice protesters earlier this year represent a lousy start. And as his harsh recent rhetoric suggests, Biden could also overreach greatly on issues like climate change, immigration, and Cancel Culture and Identity Politics. Such Biden failures could even shore up some support for Mr. Trump himself.

>How big is the violence-prone fringe on the American Right? We’ll know much more on Inauguration Day, when law enforcement says it fears “armed protests” both in Washington, D.C. and many state capitals. What does seem alarmingly clear, though – including from this PBS/Marist College poll – is that this faction is much bigger than the relatively small number of Capitol breachers.

>Speaking of the breachers, the nature of the crimes they committed obviously varied among individuals. But even those just milling about were guilty of serious offenses and should be prosecuted harshly. The circumstances surrounding those who crossed barriers on the Capitol grounds is somewhat murkier. Those who knocked down this (flimsy) fencing were just as guilty as the building breachers. But lesser charges – and possibly no charges – might be justifiable for those who simply walked past those barriers because they were no longer visible, especially if they didn’t enter the Capitol itself.

>I’m not security expert, but one question I hope will be asked (among so many that need asking) in the forthcoming investigations of the Capitol Police in particular – why weren’t the Capitol Building doors locked as soon as the approach of the crowd became visible? The number of doors is limited, and they’re anything but flimsy. The likely effectiveness of this move can be seen from an incident in October, 2018 – when barred Supreme Court doors left anti-Brett Kavanaugh protesters futilely pounding from the outside when they attempted to disrupt the new Supreme Court Justice’s swearing in ceremony. Window entry into the Capitol would have remained an option, but the number of breachers who used this tactic seems to have been negligible.

What an extraordinary irony if one of the worst days in American history mightn’t have even happened had one of the simplest and most commonsensical type of precaution not been taken.

Im-Politic: The Case Against (Another) Impeachment

10 Sunday Jan 2021

Posted by Alan Tonelson in Im-Politic

≈ 2 Comments

Tags

25th Amendment, Capitol assault, Capitol riots, Constitution, election 2020, election challenge, election integrity, Im-Politic, impeachment, incitement, Joe Biden, Mike Pence, Mitch McConnell, obstruction of justice, Trump, Trump rally

These last few days have been a great example of the adage that timing is everything. I was in full politics mode early this week because of the run-up to the eagerly and anxiously anticipated Georgia Senatorial runoff elections on Tuesday, and therefore decided to post Wednesday morning on the likely (and indeed eventual) results and the impact of the Democratic sweep on Republican Party politics.

I put up the post in the very early afternoon, and then almost immediately afterwards came the assault on the Capitol Building. Ordinarily, I’d have followed up with commentary on that outrage on Thursday or Friday. But as known by RealityChek regulars know, I focused instead on the new official U.S. foreign trade figures that came out on Thursday and the official U.S. jobs report issued Friday. In part I wanted to spend my time away from politics because I was trying to think of something original to contribute to the torrent of thoughts and emotions that followed the Capitol chaos, but also because to such an extent I’m an economics type, and the economy and its various problems haven’t gone away.

So it wasn’t until late-ish Saturday afternoon, as the news continued its own assault, that I’d collected my thoughts and reviewed the available evidence sufficiently to start writing on what has emerged as the question of the moment: What should the American system of government do about President Trump? More specifically, since (reportedly, at least) Vice President Mike Pence has ruled out using the Constitution’s 25th Amendment to remove the President from office (and rightly, in my view), should Mr. Trump be impeached again? 

My answer: No.  Let him to serve out his term. But before making the case for that course, here’s one idea suggested by a friend yesterday (and that I subsequently found out also has been suggested here and here): Mr. Trump’s best option for Mr. Trump would be resigning as part of a deal in which new President Mike Pence would pardon him, and thereby shield him from prosecution for any crimes he might have committed as President (more on which below).

Such a pardon would still leave Mr. Trump vulnerable to civil and criminal indictments by state and local law enforcement authorities (described here). But even though there are no signs that President-elect Biden wants to pursue the possible Presidential offenses, foreclosing this option entirely would clearly leave Mr. Trump much better off than leaving it open.

As for impeachment, it’s important that Mr. Biden hasn’t yet endorsed such an effort. But he hasn’t opposed it, either. I hope he will, for the following reasons:

>The Senate trial that would follow an affirmative vote by the Democratic-controlled House of Representatives would further deepen and enflame national passions that clearly are more than deep and enflamed enough already, thank you very much.

>Reportedly, Republican Senator Mitch McConnell of Kentucky, who is still the upper chamber’s majority leader, has sent out to his colleagues a schedule for a possible trial that serves as a reminder that, under existing Senate procedures, no such event could even start until January 19 – the day before Inauguration Day – without the consent of all sitting Senators. Since the President retains fairly substantial support from the Republican side, this means that the Senate vote required to approve the impeachment would take place after Mr. Trump has left office – an action that could easily be portrayed as one of pure vengeance, and that would further intensify political divisions.

>At least as important, for those claiming to be worried (as they should be) about the possibility of hostile foreign powers moving to capitalize on U.S. political turmoil, a full impeachment and trial would significantly lengthen this window of danger. It’s true that America’s adversaries have held back so far, but why increase the odds of a crisis, especially after the President is gone from the White House?

>Similarly, a full impeachment process would represent a major and completely unnecessary distraction for the federal government at a time when major distractions, even leaving aside national security considerations, are exactly what America doesn’t need right now. In case you’ve forgotten, a second (or third?) CCP Virus wave is still mounting, the economy remains in the toilet, and even with a major new stimulus/relief bill, months more of widepread suffering for many individuals, households, and businesses seems certain.

You don’t need to believe that the Trump administration excelled at dealing with the pandemic’s arrival to recognize that the previous impeachment effort preoccupied the attention of both the Executive and Congress for many critical weeks. Would the likely benefits of indicting President Trump and then seeking to remove him from office (at a Senate trial that would certainly take place after Inauguration Day) really outweigh the risks? And outweigh them significantly? Even though my belief has always been that any political leader or government worth its salt needs to be able to handle multiple challenges at once, I can’t see the wisdom of adding unnecessary challenges.

>One argument for impeachment and conviction is that the latter would prevent the dangerously unstable Mr. Trump from ever again holding public office at any level. That’s an understandable goal for those viewing the outgoing President as an incorrigible menace to America’s democracy and way of life. But even for such Never Trumpers, is it a goal consistent with democratic principles?

I’d answer “Yes,” if smoking gun-type evidence existed for Trumpian offenses. But as explained further below, based on what’s currently public knowledge, I don’t see a viable case. And in its absence, shouldn’t the final verdict on the President’s political future be left up to the American people? Don’t opponents trust in the electorate’s judgment? And in their ability to keep Mr. Trump away from official power-wielding via politics?

As for the Wednesday events themselves, and the issue of the President’s responsibility and the case for other instances of criminality during the last weeks of his presidency (which Constitutionally can be prosecuted once he’s out of office):

I watched the entire video of his speech to the rally that morning and have now examined the transcript. The only phrasing I heard that could even by the wildest stretch of the imagination be considered “incitement” was the President’s single use of the word “fight” and statements like “We’re just not going to let that [a final Congressional certification of the Electoral College vote] happen.”

In addition, on December 20, the President sent out this tweet: “Statistically impossible to have lost the 2020 Election. Big protest in DC on January 6th. Be there, will be wild!”

I agree with Fox News talker – and generally strong Trump supporter – Tucker Carlson that these remarks were “reckless,” because national passions are running so hot. But terrible judgment alone is almost never criminal according to both common sense and the American legal system.  

Further, the above remarks were accompanied by Trump statements like “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard”; and ”[W]e’re going to try and give our Republicans, the weak ones, because the strong ones don’t need any of our help, we’re going to try and give them the kind of pride and boldness that they need to take back our country”; and “We’re going walk down to the Capitol, and we’re going to cheer on our brave senators, and congressmen and women. We’re probably not going to be cheering so much for some of them because you’ll never take back our country with weakness. You have to show strength, and you have to be strong.”

In other words, the only explicit instructions or advice or whatever you want to call it given by Mr. Trump to the crowd entailed peaceful, not violent, behavior. And anyone seizing (in isolation) on the use of “fight” needs to ask themselves if they’ve never heard a politician exhort his followers with that verb? Or characterize a campaign as a “battle”? That’s why the only reaction justified by the “fight charge” is “Oh, please.” The same goes for his claim that neither he nor his followers should ever accept the election results. That’s a far cry from recommending that they commit violent acts.

Regarding the December 20 tweet – which was sent out weeks before the Capitol attack – the “wild” reference was clearly meant as a description of the anticipated rally scene, and used to convey boisterousness, excitement, etc. Good luck contending in a court of law that this amounted to a request or demand to act in an out-of-control, much less illegal, manner, and using it as a basis of an incitement charge.

>Arguments have also been made that the President’s phone calls to the Georgia state officials and especially his January 2 declaration that he “just wanted to find 11,780 votes” amounted to solicitation of election fraud or participating in a conspiracy against people exercising their civil rights.

Ironically, though, one of the President’s best defenses harkens back to one of Special Counsel Robert Mueller’s explanations for why there was no airtight case for charging Mr. Trump with obstruction of justice based on the evidence he uncovered in his probe of the so-called Russia collusion scandal: The President arguably had no criminal or corrupt intent because he genuinely believed he was being framed. Similarly, Mr. Trump’s phone call was motivated by a sincere belief that the election had been stolen. (See Volume II, p. 89 here.)

The election fraud etc argument is also ironic because of all the pre-Capitol riots talk of indicting the President for obstructing justice based on the Mueller probe’s findings. Even Mueller wasn’t terribly confident about Mr. Trump’s culpability on this score.

The only caveat to this analysis that needs to be kept in mind is that the standards for determinations of guilt in civil law suits are lower than for criminal prosecutions.  So in principle, those kinds of legal avenues are plausible, and convictions might obtained in at least some cases – even though these procedings won’t do wonders for the cause of reasonable national unity, either. 

But overall, just as genuinely good options are usually awfully difficult to find during hot messes like that which the United States faces now, options that satisfy everyone or even a majority of Americans will be scarce at best, too. So permitting the Trump presidency to come to as normal a possible end seems the best of an unsatisfactory lot – provided of course that new news shocks don’t shake up an already disturbingly settled national scene over the next ten days.

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