Thursday, January 7, 2021

The 25th Amendment? Yes. Time to Act. He Has the Launch Codes.

It's time to save the republic from a madman. He's a criminal, an insurrectionist. He should be arrested and indicted.

Today is January 7. It's the day after the president aided and abetted an act of insurrection, for people to storm the U.S. Capitol in an attempt to subvert the results of the election (also spurred on by some Republican legislators, several of whom lost their nerve later in the day after the damage had been done. They are still complicit. That includes Senator Ron Johnson of Wisconsin).

What happened was beyond embarrassing. It was a direct assault on our system of government. The Congress was temporarily blocked from its business, which is the business of the people at large, the business that they have been elected to do. It is a direct violation of Article I of the Constitution to interfere with any member of Congress from doing their business. The insurrectionists tried, and succeeded for a while, to interfere with all of them.

But 45 urged them on. He watched from his TV set in the White House, and did not tell them the election was over. In fact, he taped a message telling them to go home, but that the election had been stolen, which it hasn't. He's said that there will be a peaceful transition, but it's a lie; at best, meaningless. His enabling, his revving up, has already done its dirty work.

He told them he would be with them, but that would take courage. He's a coward. He lets people give themselves up for him, as if he's above all that. He doesn't care one bit about them, and they don't realize it.

The insurrectionists, whom he has encouraged, are now emboldened. Too many among them have already organized to protest state pandemic action. It will be way too easy, now, for them to re-organize and try the same nonsense within state capitol buildings. Remember: Many of them brought weapons. Michigan, anyone?

Anyone capable of fomenting that dangerous activity is also capable of using his powers to do anything. He has 13 days to go. Among other things, he has launch codes to start a nuclear war. Let me say that again: He has the launch codes. His disregard for the proper utilization of the military was on display yesterday, when aides begged him to release the National Guard and he refused. That would end his fun, watching the opposition sweat. Why do that?

He is playing with us. All of us, even his loyalists, perhaps especially his loyalists, since many of us now know his game but are largely powerless to stop it. Exactly the wrong person at exactly the wrong time. 

His fanatical followers, in all likelihood, will return for Joe Biden's inauguration on January 20. Some have hinted they will bring weapons.

It is entirely possible that the Capitol Police have fifth-columnists within it: Sympathizers who allowed the breach of security rather casually yesterday. All knew there would be demonstrators; all knew there was a chance that they would storm the Capitol. And yet, it was allowed to happen. That has to be dammed up quickly. Either that, or the inauguration of Joe Biden has to be done behind closed doors with cameras operating to record the event.

CBS News reported last evening that senior members of the Cabinet have discussed the invocation of the 25th Amendment. Done adroitly, it would allow Mike Pence to run out the clock on 45, preventing him from utilizing presidential powers, or at least confuse enough people, otherwise gutless, so they can disobey him without threat of retribution.

We are at that moment. All Pence has to do is gather the Cabinet together and get them to sign on to a letter saying that 45 cannot perform the duties of his office. He would then have it delivered to the House Speaker (Nancy Pelosi) and the President Pro-Tem of the Senate (Chuck Grassley). Upon notification that they have received it, he immediately would become Acting President.

45, of course, would howl with objection. He has the right to submit a similar letter, saying that he in fact can perform the duties of his office. Upon the receipt of that letter, and letting Pence know about it, Pence would have four days to respond, in which case he would probably repeat the accusation.

If put in motion even tomorrow, that would bring us to at least January 11. Once the response would be made, Pence would remain Acting President pending resolution of the challenge. But 45 would be out of luck, because Congress would have 21 days to discuss and vote upon it.

That would make it moot, since Biden would be inaugurated in nine more days. Congress, by inaction, and Pence would run out the clock, 45 sits at the Resolute Desk barking at nobody, and we're saved what might be a basket full of crises. It would be a fit conclusion of a useless presidency.

Would staffers obey Pence or 45? Right now, I would think the former. There's a serious discussion going on right now concerning staffers who are considering immediate resignation. Based on what they've watched and 45's obvious connection with it, they no longer want anything to do with him. The deputy press secretary, the national security adviser, and more; 45 would be a person almost without a meaningful staff.

45 most certainly won't resign. He's too close to the end, and he wants to make more trouble if he can. It's starting to look like a national obligation for Pence to intervene. He could operate out of his office at the Naval Observatory, up on the 3300 block of Connecticut Avenue (a long haul from the White House), to put some distance between him and 45. He would be a caretaker anyhow, enabling decent functionality of the government without the threat of disruption.

It's just 13 days, right? 45 can do a lot of damage in that time. Look what he did in just a few hours yesterday.

Letting the Cabinet know about the temporary transfer of power would spread word of the situation amidst the functioning parts of government rather quickly by e-mail, at least, so people would know to whom to pay attention. It's worth the logistics, which would be challenging.

It would be a way for Pence to salvage a shred of his reputation, too. If he'd want to be president, that might be very important three years from now. It might deflect from his otherwise sycophantic image, and even get a salute from some Democrats. But considering how crazy so many Republicans have become, it might also be political suicide.

But somebody has to step forward. Someone with power must seize it and act responsibly. Republicans have kept their heads down all this time, waiting for the clock to turn so they can breathe again. They ran out of time. It's all out there now, raw and devastating. Josh Hawley and Ted Cruz have made themselves easy marks, but it took an entire party to participate in this awful charade.

(As Acting President, would that include pardon powers? Is there a deal to be cut here? Or would Pence let it slide for Joe Biden to consider?)

Who knew that the 25th Amendment might fit so well in this circumstance? But sometimes, the Constitution applies in situations that can't ever be imagined. As long as it's there, let's make use of it. Time's a-wasting. 45 has other hijinks up his sleeve.

We have to stop playing now. This is way too serious to brush off casually. A mob was allowed to take over the people's building for a few very scary hours yesterday. If you watched it, you got as frightened as I was.

Our country's in trouble. Big, big trouble. He has the launch codes.

45's certifiably crazy and power-mad. He's too unstable. Nobody beside the insurrectionists can conclude otherwise. Let's shut him down before he can unravel anything else. Twitter and Facebook have closed down his accounts. That's a good move, but it isn't enough. The time to act is now. Today.

Be well. Be careful. Wear a mask. One day closer to a vaccine. With some luck, I'll see you down the road.

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