Diatribes of Jay

This blog has essays on public policy. It shuns ideology and applies facts, logic and math to social problems. It has a subject-matter index, a list of recent posts, and permalinks at the ends of posts. Comments are moderated and may take time to appear.

08 January 2021

Being Prepared


For brief descriptions of and links to recent posts, click here. For an inverse-chronological list with links to all posts after January 23, 2017, click here. For a subject-matter index to posts before that date, click here.

One of the joys of living in a still-free country is being able to read what different thinkers say. Two days ago, I wrote a post expressing my belief—and my resulting relief—that the assault on our Capitol January 6 and its sad end marked a turning point for the better. But what if I’m wrong?

Today the bulk of opinion columns in the New York Times’ print edition disagreed with me. Paul Krugman argued that what happened Wednesday was the first attempted putsch of American fascism, and that downplaying it, let alone appeasing it, could have tragic consequences. Seyward Darby argued that American right-wing extremists long predated Trump, have violent pretensions, and have been planning a coup in the open for several decades. Michelle Goldberg, while more equivocal, opined that “the MAGA movement’s terrorist fringe may be emboldened by Wednesday’s incursion into the heart of the federal government.” Only David Brooks agreed with me, writing that “this is an inflection point, a step back from madness.”

But what if Brooks and I are wrong?

Five things about what happened Wednesday are now crystal clear. First, the Capitol police were totally unprepared for the assault, despite ample warning. Second, the National Guard came too late and were inadequately deployed. Third, there were no mass arrests to deter future violence, as there would have been if the mob had been Black. Fourth, the firings and resignations of the top law enforcers responsible for the lack of preparation leave DC even less prepared for the next assault. Finally, by quitting their posts at the last minute to show their indignation, those who left the Trump Administration may have left room for the worst to take over.

These facts suggest a perfect storm of opportunity for a second, more violent, invasion. As with many violent acts, including Pearl Harbor and 9/11, surprise was a key factor in Wednesday’s events. How much more surprised would our authorities be if a second, armed putsch came to our nation’s capital before January 20?

There’s little doubt which side would prevail in the long run. But do we really want to see a mini-civil-war at the seat of our government, with our deranged Commander in Chief invoking the Insurrection Act to support the invaders?

To forestall such a catastrophe, here are six practical measures we should take, beginning right now, all in tandem:

1. Prepare to arrest Trump. The infamous DOJ memo says a President cannot be prosecuted while in office. It does not preclude preparing a case for his arrest. The DOJ should quietly empanel a grand jury and secure a secret indictment against Trump for treason, sedition, inciting insurrection, etc. It should then be prepared to arrest him as soon as Biden and Harris are sworn in.

2. Purge the extremists within. It’s no secret that law enforcement and our military have long coddled right-wing extremists in their own ranks. Now is the time to suspend from active duty, with pay, anyone found to have posted favorably on extremist, white-supremacist or terrorist platforms, and to bar them from access to official weapons. Patriots who remain in lower-level positions in intelligence, law enforcement and the military can make sure this happens, while higher-level patriots can protect them and keep them under Trump’s self-pitying and self-aggrandizing radar.

3. Stop the exodus until the change of command. Patriots do us no favors by quitting Trump’s service at this late hour. They should stay at their desks to be sure that all stays calm and peaceful until the new Administration is sworn in. Staying on board is especially important for patriots in our intelligence, law enforcement, national security and homeland security services.

4. Work on expedited, summary impeachment and removal. Whether or not they succeed, impeachment-and-removal proceedings will have educational, cathartic and deterrent value. They will distract the attention of right-wing conspirators and discourage further coup attempts.

If they succeed, impeachment and removal can impose on Trump “disqualification to hold and enjoy any office of honor, trust or profit under the United States[.]” (U.S. Constitution, Article I, Section 3, Clause 7.) That’s why this process should go forward in tandem with any effort to hog-tie Trump under Amendment 25, which would be temporary.

5. Purge the aiders and abettors from Congress. Our Constitution’s Article I, Section 5, Clause 2 gives each House of Congress the power to expel its members by a two-thirds vote. Unlike impeachment, explusion has no explicit limit to crimes. It’s simply a matter of legislators agreeing that certain bad actors don’t belong among them.

The House and the Senate should separately move to expel the worst of the worst—those who have, by their words and deeds, encouraged, incited, aided and abetted the recent Capitol insurrection. Ted Cruz, whom (according to Brooks) senators have “despised” since he first grabbed attention by shutting down our government, should be the first to go. Josh Hawley should be next.

As in the case of impeachment, expulsion doesn’t have to succeed to have salutary effect. The mere process would have educational, cathartic and deterrent effects. It would send a shot across the bow of future extremist coddlers and coup plotters.

* * *
For four years, our government has been lax to the point of anarchy. Our leaders have lost the meaning of discipline, focus, coordination and cooperation, as our supreme leader golfed, cursed, insulted, ranted, reversed himself, and self-praised to his heart’s content.

As a result of this moral and mental laxity, our Capitol is not just a lame duck, but a sitting duck, as Wednesday’s events proved. Now, with chief law enforcers fired or resigned, it is a blindfolded sitting duck. The first duty of government now is to remove the blindfold, alert the lame duck, and prepare for the incoming administration.

The first coup attempt was an embarrassment and a shame. A second would be a catastrophe, even after it inevitably failed, especially if it shed more blood. Every patriot inside and outside of government should make sure that doesn’t happen. Forewarned is forearmed; at least it’s supposed to be.

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