Post-match: The Post Presidency :: Trump Faces The Music Thread

Discussion in 'Politics & Current Events' started by crazypete13, Jan 20, 2021.

  1. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    Yeah, I did realise that. I was just talking about Garland.
     
  2. yossarian

    yossarian Moderator
    Staff Member

    Jun 16, 1999
    Big City Blinking
    Club:
    Arsenal FC
    Nat'l Team:
    United States
    I know you're a big fan (or were at least) of Marcy at Empty Wheel. Reading her most recent stuff on Blue Sky, she's still very much in the "Garland didn't do a ton wrong" camp---unless I'm misreading her. And I'd never characterize her as a cheerleader for institutionalism. Curious as to your take, as you're a more regular reader/listener of her commentary.
     
  3. The Jitty Slitter

    The Jitty Slitter Moderator
    Staff Member

    Bayern München
    Germany
    Jul 23, 2004
    Fascist Hellscape
    Club:
    FC Sankt Pauli
    Nat'l Team:
    Belgium
    I did go down the rabbit hole on all this and the likes of Weissmann had me leaning Marcy's way - it's a slow moving ship etc etc. The thing both Weissmann and Preet were worried about is the J6 lead counsel confirmed that DOJ had not spoken with any of the big witnesses that were so powerful at the hearings and that was regarded as a major blunder because their info went public before DOJ got them on the record.

    I suspect the failure was political. DOJ misjudged the urgency, because they never dreamed Trump could successfully run.

    I see that as a failure of the Biden admin itself. I know all about the independence of DOJ etc, but facing such a crisis, I think the failure to act smartly is a big black mark on Biden himself.

    ETA

    But in the end none of this really matters, it was the Supreme Court that scuppered the prosecution, even if it could have been quicker.
     
    Naughtius Maximus, M, Deadtigers and 2 others repped this.
  4. diablodelsol

    diablodelsol Member+

    Jan 10, 2001
    New Jersey
    And this right here points to Garland’s lack of character. He never should have accepted the role. Once it became clear that there were potential GOP coconspirators..at a minimum he should have recused and appointed a special counsel almost immediately. He couldn’t be seen as objective…as any pursuit of GOP politicians would automatically be perceived as retribution.


    He deserves every bit of how history will judge him.
     
  5. yossarian

    yossarian Moderator
    Staff Member

    Jun 16, 1999
    Big City Blinking
    Club:
    Arsenal FC
    Nat'l Team:
    United States
    Yeah, we all knew it wasn't good when McConnell blocked Garland then bum-rushed Boney-Carrot into RBG's seat. But even I underestimated how bad.
     
    The Jitty Slitter repped this.
  6. The Jitty Slitter

    The Jitty Slitter Moderator
    Staff Member

    Bayern München
    Germany
    Jul 23, 2004
    Fascist Hellscape
    Club:
    FC Sankt Pauli
    Nat'l Team:
    Belgium
    I am actually quite conflicted on this topic, because i came up as an old school constitutionalist - storied in convention, institutions and "good chaps" theory. That stuff matters at least as much as what's written on the books IMO. The collective hallucination of democracy.

    But I've come to believe, that if a major party is actually trying to overthrow democracy, create an electoral autocracy etc, then all bets are off. There is simply no point waiting until they get so much power or your institutions are riddled with fascists. So i am in favour in a suspension of civil liberties to clean house. IMO this is the choice faced in multiple western democracies right now.

    IMO this is the choice Biden flubbed. he gambled everything on the fever breaking.
     
    rslfanboy, Naughtius Maximus and Tribune repped this.
  7. taosjohn

    taosjohn Member+

    Dec 23, 2004
    taos,nm
    Thing is, it is only difficult the first time... After that it is standard practice.

    And it certainly appears that the voters basically approved of the overthrow...
     
    Smurfquake and charlie15 repped this.
  8. Deadtigers

    Deadtigers Member+

    Jul 23, 2015
    Independent Republic of the Bronx, NY
    Club:
    Manchester United FC
    Nat'l Team:
    Ghana
    Price of Eggs bro!!

    The illiteracy of the public benefits the racist. Justice of America so we can never forget the role race and religion play in everything.

    We are here now. I am of the belief we need 8 years of Trump before things get better. The hurt and suffering has to come home to those who have been immune, then and only then will there be change. Covid was not enough and treated like an outlier.
     
  9. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    Regarding the issue of when the GOP went full-on 'Let's do away with this democracy nonsense', it's possible to make the argument that happened some years back and everyone's been too slow, (maybe too comfortable in their certainties as you mention), to do anything about it.

    Voter wait times in poorer areas, the citizens united decisions, huge super-pacs, etc. etc... if you compare that to almost ANY other democracy it looks decidedly dodgy.

    So I don't really see it as 'suspending civil liberties' so much as actually enforcing them. IOW putting things back to the way it's meant to operate.

    When garland was refused by the GOP, for instance, the democrats should have created a constitutional crisis at THAT point... not wait until the court has been completely nobbled and THEN start worrying about it.
     
  10. yossarian

    yossarian Moderator
    Staff Member

    Jun 16, 1999
    Big City Blinking
    Club:
    Arsenal FC
    Nat'l Team:
    United States
    What should that have entailed? I'm not being snarky, as I'm genuinely interested in what you think would have been the best way to create a constitutional crisis in that instance given that the Repubs had an 8 vote majority.
     
  11. The Jitty Slitter

    The Jitty Slitter Moderator
    Staff Member

    Bayern München
    Germany
    Jul 23, 2004
    Fascist Hellscape
    Club:
    FC Sankt Pauli
    Nat'l Team:
    Belgium
    Maybe because it is a bit easier to talk about than the break glass options, I do wonder if Biden could have shown more imagination.

    The federal government has a lot of power, especially because a lot of the restraints on it are rules that you might simply break or ignore and Trump demonstrated this quite a bit - e.g. diverting money from federal funds to his wall.

    Like notionally, could Biden have diverted military resources and various funding to building housing for example? Even if you don't do much of it, the point is you;ve demonstrated intention. This came up in the context of abortion bans a bit

    This is my main beef with his admin - i think they constrained themselves too much
     
  12. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    No, I understand what you're saying and I agree it's hard to think of specifics but, for me, we just have to ask ourselves what do we think this new woman, Bondi will do given the chance.

    Obviously it's hard for me because I know sod-all about US law, (particularly in relation to constitutional law), but let's just do a thought experiment as to how Trump would have reacted if Biden had said what Trump said on Jan 6th and a mob of his supporters had attacked the capital like that. I don't know but I tend to think he might have arrested some of the ringleaders when he got the reins of power, possibly even including Biden himself. I think he'd have instituted a state of emergency directly he came into office and have replaced whoever wouldn't go along with what he was doing, signing a blizzard of executive orders saying that these people had been shown to be domestic terrorists. He then might have used the various existing anti-terror laws to lock up various people while the investigation was going on and used the DOJ to roll various small-fry against some of the bigger ones, using threats of long jail sentences against them to obtain convictions of people like Biden.

    Now is any of that legal or within the strictures of the constitution? Well, like I say, I'm no expert but I wouldn't have thought so.

    Do you think Trump cares? Do you think he'll care now?

    This is the issue.

    IIRC, you said before that some woman, (forget the name but it was someone for whom jitty had respect), had stated that 'Garland didn't do a ton wrong'. The thing is that sentence still works if you miss off the last word... THAT'S the problem.

    In the present situation you don't need people who just do the bare minimum. You need an attack dog.
     
  13. Cascarino's Pizzeria

    Apr 29, 2001
    New Jersey, USA
    Well, I've been seeing stuff on Twitter that Jack Smith will release some evidence gathered in his investigations. If Merricks so kind to et the proles see it.

    For Jan 6th for instance, how closely were TrumpCo and outside Wingnut agitators working in cahoots? I don't think that's been probed too deeply and AFAIK the DOJ hasn't commented on it.
     
  14. yossarian

    yossarian Moderator
    Staff Member

    Jun 16, 1999
    Big City Blinking
    Club:
    Arsenal FC
    Nat'l Team:
    United States
    Ok, but I was specifically asking about McConnell blocking the Garland SCOTUS nomination.
     
    The Jitty Slitter and taosjohn repped this.
  15. yossarian

    yossarian Moderator
    Staff Member

    Jun 16, 1999
    Big City Blinking
    Club:
    Arsenal FC
    Nat'l Team:
    United States
    I was listening to a podcast yesterday hosted by Harry Litman. Marcy Wheeler was his guest and the topic was what will/can Jack Smith do between now and January 20th. They both were pretty confident he'd release a full report with Garland onboard. What they weren't as sure about but were hopeful on was Durbin holding a full hearing on it, even calling Smith to testify.

    https://podcasts.apple.com/us/podca...ump-prosecutions/id1456045551?i=1000678267534
     
    Cascarino's Pizzeria repped this.
  16. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    This was an interesting discussion on Pod Save America with Jon Lovett and a guy called 'Hasan Piker' who's described as a 'progressive streamer'.



    I'm only part the way through it and It is quite long but it's been thought provoking thus far.

    They disagree at some points, including around the issue of how people like Kirsten Sinema and Joe Manchin should have been treated. Quite how realistic Piker's ideas were about threatening guys like Manchin would have been... not very would be my guess but there we are.

    At one point Lovett asks 'So you want the president to politicise the [legal] agencies and use them to go after people'. I must admit, my immediate reactions was, isn't that what they're being accused of anyway? :D
     
    The Jitty Slitter repped this.
  17. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    if it were Trump, it wouldn't matter... he'd just accuse them of it anyway. In any event I seem to remember there WAS some evidence some of the reps were helping the people who later turned up.


    Edit: Here yer go...

    https://www.pbs.org/newshour/show/g...ed-in-jan-6-protest-planning-new-report-shows
     
    Cascarino's Pizzeria repped this.
  18. Cascarino's Pizzeria

    Apr 29, 2001
    New Jersey, USA
    #10668 Cascarino's Pizzeria, Nov 29, 2024
    Last edited: Nov 29, 2024
    Yeah, the usual suspects. Trump lawyers game planned the cockamamie scheme and the Congresscritters helped carry it out. Of course, they were barely investigated (maybe the Smith report will show otherwise) and paid no price whatsoever for crimes a bazillion times worse than Watergate.

    The kicker is, bothsides now don't trust the DOJ. One for "lawfare" against Cheeto Benito and Libs for Merrick slow-walking a coup attempt investigation and giving us Trump 2.0.

    Yamiche Alcindor:

    And you are, of course, talking about the House select committee investigating the January 6 attack.

    And I want to ask you about the multiple lawmakers that you write about in your article. Who were the lawmakers talking to organizers, and what were they saying?


    Hunter Walker:

    So, both of my sources said they participated in — quote, unquote — "dozens of briefings" with Republican members of Congress and their staff. That included Marjorie Taylor Greene, Lauren Boebert, Paul Gosar, Mo Brooks, Madison Cawthorn, and Louie Gohmert.

    And we have already had some indications that these members were involved in the efforts to overturn the election. They spoke at the events at the Ellipse. They were billed as speakers at this wild protest. Gosar headlined a Stop the Steal rally in Arizona.

    But what they specifically described was these members sort of strategizing to help them pick state locations for protests that would target persuadable senators to join the objection. And they were also going back and forth trading — quote, unquote — "evidence" of supposed election fraud
    .
     
    Naughtius Maximus repped this.
  19. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    And I know I've said this before but it's worth reiterating... that all happened 4 years ago and we're only NOW just asking the question, 'Will the guy who's investigated it actually, y'know, show some evidence'?
     
    Cascarino's Pizzeria repped this.
  20. Smurfquake

    Smurfquake Moderator
    Staff Member

    Aug 8, 2000
    San Carlos, CA
    Club:
    San Jose Earthquakes
    Nat'l Team:
    United States
    You tell the Senate "if you don't hold a vote by the end of the term, we're taking it to mean that you approve of this appointment, so he'll sit on the Supreme Court at the next session." And then if the Senate doesn't hold a vote, you have Garland show up and take the empty seat. At the very least you make the Senate do the work to vote him down.
     
  21. The Jitty Slitter

    The Jitty Slitter Moderator
    Staff Member

    Bayern München
    Germany
    Jul 23, 2004
    Fascist Hellscape
    Club:
    FC Sankt Pauli
    Nat'l Team:
    Belgium
    I suspect something like you suggest was called for, but of course everyone including Moscow Mitch thought that Clinton would end up appointing someone.

    This is why i like the expression that the constitution is a suicide pact for Dems. If you are the only people sticking to the rules, it actually works against you and helps the bad guys, because every time they ratchet up the electoral autocracy stakes, you are ever more constrained, whereas they just breech the rules whenever
     
  22. yossarian

    yossarian Moderator
    Staff Member

    Jun 16, 1999
    Big City Blinking
    Club:
    Arsenal FC
    Nat'l Team:
    United States
    Yeah, that's the thing, it involves a lot of Monday morning quarterbacking to borrow a metaphor. Now of course, I realize I asked the question, so I'll take a shot rather than move the goal posts by saying it wasn't viewed as politically necessary at the time by anyone.

    My answer would be a bit simpler but similar---do a recess appointment at any point after February 2016 (when Scalia died) if the Senate recessed for the required three days (per NLRB v. Canning). With Garland already sitting it would probably be more likely to force a vote one way or the other once the recess ended. Of course, the Senate numbers weren't changing, so McConnell could probably have prevailed anyway and then the whole process would've repeated until the election. And in the end, Obama still wouldn't have gotten his pick permanently seated unless he picked someone along the lines of Gorsuch, who several left-leaning law professors backed [smacks head against wall o_O].
     
  23. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    I read something on wikipedia that said that Executive orders weren't actually covered in the constitution anyway.

    https://en.wikipedia.org/wiki/Executive_order

    ...

    Basis in the United States Constitution

    The United States Constitution does not have a provision that explicitly permits the use of executive orders. Article II, Section 1, Clause 1 of the Constitution simply states: "The executive Power shall be vested in a President of the United States of America." Sections 2 and 3 describe the various powers and duties of the president, including "He shall take care that the Laws be faithfully executed".[4]

    Just reading that wiki entry it does seem like that whole area is more by custom and practice and several decision have been rescinded over the years for various so, to me, it looks like it's not quite as 'set in stone' as I would have thought.

    I dunno... I can't help thinking that if the dems realised they were at war, (which they kinda are with Putin and his fellow travellers in the GOP), they might have realised the urgency more and not pussy-footed around quite as much.
     
  24. Tribune

    Tribune Member+

    Jun 18, 2006
    I don't think a lot of them are realizing it even now - at least not to the true extent of it.
     
    Naughtius Maximus repped this.
  25. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    The most hopeful interpretation of the situation is that the GOP will concentrate on just doing garden-variety corruption and straight up criminal shit and not go full on fascist but with Trump at the helm and some of the true believers in situ, it doesn't look hopeful, does it.
     

Share This Page