I was so taken with the Korean folk art paintings that Dakinikat posted on Monday that I decided to focus on Korean cat art today. I hope these paintings will help you deal with today’s news, which is mostly stupid coup stories. Now that the Supreme court has rejected Trump’s last ditch effort to overturn the election results, he is melting down in even more embarrassing ways than ever. Will U.S. democracy survive?
The New York Times: Supreme Court Rejects Texas Suit Seeking to Subvert Election.
The Supreme Court on Friday rejected a lawsuit by Texas that had asked the court to throw out the election results in four battleground states that President Trump lost in November, ending any prospect that a brazen attempt to use the courts to reverse his defeat at the polls would succeed.
The court, in a brief unsigned order, said Texas lacked standing to pursue the case, saying it “has not demonstrated a judicially cognizable interest in the manner in which another state conducts its elections.”
The order, coupled with another one on Tuesday turning away a similar request from Pennsylvania Republicans, signaled that a conservative court with three justices appointed by Mr. Trump refused to be drawn into the extraordinary effort by the president and many prominent members of his party to deny his Democratic opponent, former Vice President Joseph R. Biden Jr., his victory.
It was the latest and most significant setback for Mr. Trump in a litigation campaign that was rejected by courts at every turn.
Texas’ lawsuit, filed directly in the Supreme Court, challenged election procedures in four states: Georgia, Michigan, Pennsylvania and Wisconsin. It asked the court to bar those states from casting their electoral votes for Mr. Biden and to shift the selection of electors to the states’ legislatures. That would have required the justices to throw out millions of votes.
Mr. Trump has said he expected to prevail in the Supreme Court, after rushing the confirmation of Justice Amy Coney Barrett in October in part in the hope that she would vote in Mr. Trump’s favor in election disputes.
None of the three justices Trump appointed were willing to hear the case. But Republican support for Trump’s efforts have done permanent damage to our country.
The New York Times: ‘An Indelible Stain’: How the G.O.P. Tried to Topple a Pillar of Democracy.
The Supreme Court repudiation of President Trump’s desperate bid for a second term not only shredded his effort to overturn the will of voters: It also was a blunt rebuke to Republican leaders in Congress and the states who were willing to damage American democracy by embracing a partisan power grab over a free and fair election.
The court’s decision on Friday night, an inflection point after weeks of legal flailing by Mr. Trump and ahead of the Electoral College vote for President-elect Joseph R. Biden Jr. on Monday, leaves the president’s party in an extraordinary position. Through their explicit endorsements or complicity of silence, much of the G.O.P. leadership now shares responsibility for the quixotic attempt to ignore the nation’s founding principles and engineer a different verdict from the one voters cast in November.
Many regular Republicans supported this effort, too — a sign that Mr. Trump has not just bent the party to his will, but pressed a mainstay of American politics for nearly two centuries into the service of overturning an election outcome and assaulting public faith in the electoral system. The G.O.P. sought to undo the vote by such spurious means that the Supreme Court quickly rejected the argument.
Even some Republican leaders delivered a withering assessment of the 126 G.O.P. House members and 18 attorneys general who chose to side with Mr. Trump over the democratic process, by backing a lawsuit that asked the Supreme Court to throw out some 20 million votes in four key states that cemented the president’s loss.
“The act itself by the 126 members of the United States House of Representatives, is an affront to the country,” said Michael Steele, the former chairman of the Republican National Committee. “It’s an offense to the Constitution and it leaves an indelible stain that will be hard for these 126 members to wipe off their political skin for a long time to come.”
Read more at the link.
Speaker Nancy Pelosi issued this statement after the U.S. Supreme Court ruled to reject the sham GOP lawsuit demanding that Electoral College votes in four states be overturned and awarded to Donald Trump:
“The Court has rightly dismissed out of hand the extreme, unlawful and undemocratic GOP lawsuit to overturn the will of millions of American voters.
“The 126 Republican Members that signed onto this lawsuit brought dishonor to the House. Instead of upholding their oath to support and defend the Constitution, they chose to subvert the Constitution and undermine public trust in our sacred democratic institutions.
“The pandemic is raging, with nearly 300,000 having died and tens of millions having lost jobs. Strong, unified action is needed to crush the virus, and Republicans must once and for all end their election subversion – immediately.”
Trump reacted by skipping last night’s superspreader White House Christmas party and proceeding to melt down on Twitter. He was at it again this morning. I won’t reproduce the tweets; you can read them on Twitter if you want to endure the idiocy.
Some thoughtful reactions to Trump and GOP attacks on democracy:
Tom McCarthy at The Guardian: After the fact: the five ways Trump has tried to attack democracy post-election.
Historians could mark 2020 as the moment when Republicans applied the same zeal they have used to attack democracy in advance of elections, through voter suppression and gerrymandering, to attacking democracy on the back end, by trying to deny and overturn the results.
Here is a list of five post-election attacks on democracy by Donald Trump and Republicans that were new in 2020 but might haunt elections for years to come.
Here’s McCarthy’s list–read the article for details: 1) Especially reckless and sustained election fraud charges, 2) Political pressure on local elections officials, 3) External legal challenges to the certification of state election results, 4) Internal political challenges to the certification of state election results, 5) The president’s role.
McCarthy on Trump’s behavior:
Should a president of the United States, after an election, be calling up county election officials in charge of certifying the results? Should a president invite lawmakers weighing an intervention in their state’s certification process for lunch? Should a president call out the mob on Twitter against a local election official or a state secretary of state who has resisted his schemes?
Whatever damage US democracy has sustained in 2020, much of it traces back to the source, to a president who did not see anything wrong in 2019 with coercing a foreign leader to try to take out a political opponent, who made the fealty of state governors a condition of pandemic aid, and who now has twisted the arms of elected officials across the United States in an effort to subvert the will of American voters.
The role that Trump has played in attacking the integrity of the American system is the most outrageous and unprecedented of all the unholy perversions of democracy that 2020 has seen. Whether that role will be replicated or reprised in future White Houses, and in future elections, could make all the difference.
William Saletan at Slate: Trump Is Finishing Russia’s Smear Campaign Against America.
Donald Trump’s presidency has been a gift to Russia. He has undermined NATO, withheld military aid to Ukraine, and abandoned America’s commitments to democracy and human rights. He has excused Vladimir Putin’s crimes, yielded to Russian troops in the Middle East, and dismissed Russia’s 2016 election interference as a hoax. Now Trump has been voted out by Americans, but he’s still serving Russia. He’s devoting his final days in office—and suggesting he might devote his post-presidency—to a long-standing Russian objective: destroying faith in U.S. elections.
For weeks, Trump has rejected Joe Biden’s victory as a fraud. In interviews, tweets, speeches, and a campaign rally in Georgia, Trump has accused Democrats of using dead people, undocumented immigrants, and software to manipulate the outcome. These allegations aren’t just lies. They’re replications, almost word for word, of propaganda that was spread by Russia in the United States and adopted by the Trump campaign in 2016. Russia expected Trump to lose that election, and it planned to portray his loss as evidence that American elections were rigged, that the U.S. government was illegitimate, and that the United States wasn’t really a democracy. Now that Trump has lost to Biden, that campaign of slander is underway. But it’s not being driven by Russians. It’s being driven by Republicans.
Russia’s strategy is detailed in three reports: one by the U.S. Intelligence Community, another by special counsel Robert Mueller, and a third by the Republican-led Senate Intelligence Committee. The ultimate goal of the operation wasn’t to elect Trump. It was to spread the idea that “U.S. election results cannot be trusted.” In 2016, Putin’s propagandists used fake Facebook pages and Twitter accounts (“Army of Jesus,” “Secured Borders,” “Tea Party News”) to plant bogus rumors of “voter fraud” in multiple states. They told the same horror stories and used the same trigger words Republicans use now: “rigged,” “dead people,” “illegal aliens,” globalist-controlled voting machines, “tens of thousands of ineligible mail in … votes,” and “voter fraud caught in Philadelphia.”
Trump and his followers parroted this propaganda during the 2016 campaign. Donald Trump Jr. and Eric Trump retweeted fake “#VoterFraud” updates written by Russian operatives. Kellyanne Conway, Brad Parscale, Michael Flynn, and other Trump campaign advisers also retweeted messages from the Russian accounts. When the Russians circulated a false rumor that voting machines were rigged against Trump, he repeated it on Fox News. After the election, when Russian front groups spread the word that “illegals” and “machines” had robbed Trump of the popular vote, he repeated that, too. “I won the popular vote if you deduct the millions of people who voted illegally,” he declared.
There’s much more at the link.
Ryan Cooper at The Week: The Constitution has an answer for seditious members of Congress. Cooper notes that the pandemic is growing exponentially, while Trump and the GOP do nothing about it. At the same time Republicans supported Trump’s effort to overturn the election results.
In short, material conditions in this country have not been this bad since 1932 at least, and the political situation has not been this bad since 1860. The logical endgame of the rapidly-accelerating Republican attempt to destroy democracy while the country burns would be civil war — if it weren’t for the high probability that Democratic leaders would be too cowardly to fight.
But it’s worth thinking about what a party seriously committed to preserving democracy would do when faced with a seditious opposition party — namely, cut them out of power and force them to behave. Democrats could declare all traitors ineligible to serve in national office, convene a Patriot Congress composed solely of people who have not committed insurrection against the American government, and use that power to re-entrench democracy….
All members of Congress swear an oath to protect and defend the Constitution, which establishes a republican form of government. The whole point of a republic is that contests for power are conducted through a framework of rules and democratic elections, where all parties agree to respect the result whether they lose or win. Moreover, the premise of this lawsuit was completely preposterous — arguing in effect that states should not be allowed to set their own election rules if that means more Democrats can vote — and provides no evidence whatsoever for false allegations of tens of thousands of instances of voter fraud….
…this lawsuit, even though it didn’t succeed, is a flagrant attempt to overturn the constitutional system and impose through authoritarian means the rule of a corrupt criminal whose doltish incompetence has gotten hundreds of thousands of Americans killed. It is a “seditious abuse of the judicial process,” as the states of Georgia, Pennsylvania, Michigan, and Wisconsin jointly wrote in their response to Texas trying to steal their elections.
The Constitution, as goofy and jerry-rigged as it is, stipulates that insurrectionists who violate their oath are not allowed to serve in Congress. Section 3 of the Fourteenth Amendment, written to exclude Confederate Civil War traitors, says that “No person shall be a Senator or Representative in Congress … who … having previously taken an oath, as a member of Congress … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same[.]” How the Supreme Court ruled, or whether Republicans actually believe their lunatic claims, is irrelevant. It’s still insurrection even if it doesn’t work out.
Democrats would have every right, both under the Constitution and under the principle of popular sovereignty outlined in the Declaration of Independence, to convene a traitor-free Congress (also including similar acts committed by Republican senators like Lindsey Graham, David Perdue, Kelly Loeffler, and others), and pass such laws as would be necessary to preserve the American republic. That might include a national popular vote to decide the presidency, ironclad voting rights protections, a ban on gerrymandering either national or state district boundaries, full representation for the citizens of D.C. and Puerto Rico, regulations on internet platforms that are inflaming violent political extremism, a clear legal framework for the transfer of power that ends the lame duck period, and so on. States would be forced to agree to these measures before they can replace their traitorous representatives and senators. If the Supreme Court objects, more pro-democracy justices can be added.
Unfortunately the Democrats are probably too cowardly to take these necessary actions. Two more articles to check out along these lines.
Greg Sargent at The Washington Post: Chris Murphy’s surprise floor speech raises tough questions for Democrats.
That’s all I have for you today. Have a nice weekend, and please stop by and leave a comment if you have the time and inclination.
I don’t even know how to think or write about what Trump is doing right now. He has somehow convince 17 state attorney generals to join a stupid lawsuit that asks the Supreme Court to overturn the 2020 election. The man behind the suit is Texas AG Ken Paxton, who is currently under investigation by the FBI.
Mark Joseph Stern at Slate: Texas AG Ken Paxton, Under FBI Investigation, Asks SCOTUS to Overturn the Election.
On Tuesday morning, Texas Attorney General Ken Paxton asked the Supreme Court to effectively declare Donald Trump the winner of the 2020 election. Paxton’s lawsuit falsely accuses Georgia, Michigan, Pennsylvania, and Wisconsin of counting invalid votes in violation of the Constitution. It asks the justices to remedy this alleged misconduct by forcing all four states’ legislatures to throw out every vote and appoint electors who support Trump. Many Republican lawmakers have already endorsed such a scheme, but Paxton is the first to ask SCOTUS to facilitate it. If the Supreme Court took up his invitation, it would commit the single biggest act of vote nullification in American history, voiding millions of ballots to hand Trump an unearned second term.
The Supreme Court, however, is not going to take up Paxton’s invitation. It has asked for a response from the four defendant states by 3 p.m. on Thursday; in light of the court’s hasty disposition of similarly laughable complaints, we can safely assume that the justices intend to dispatch this case promptly. Paxton’s suit is shot through with conspiracy theories and constitutional claims with no basis in law. Texas Solicitor General Kyle Hawkins, who typically authors the office’s lawsuits, did not sign on to this one, nor did his deputies; instead, Paxton brought in a “special counsel” from outside the agency. His suit is so ridiculous that it led some commentators to wonder whether the attorney general might have another motive for filing it. Paxton, after all, is reportedly under investigation by the FBI for alleged bribery and abuse of office. Trump, meanwhile, has been distributing pardons to his allies like candy. Paxton’s suit makes more sense as pardon-bait than it does as a legal document. And he may need presidential clemency to escape the federal criminal charges that could be imminent.
So this may just be an attempt by Paxton to get a pardon from Trump, but 17 other Republican-controlled states are going along with this assault on the democracy. In the article, Stern enumerates Paxton’s long history of criminal conduct and corruption. Read about it at the link.
Trump has also joined the lawsuit. CNN: Trump asks Supreme Court to invalidate millions of votes in battleground states.
President Donald Trump asked the Supreme Court on Wednesday to block millions of votes from four battleground states that voted for President-elect Joe Biden.
Trump’s request came in a filing with the court asking to intervene in a lawsuit brought by Texas Attorney General Ken Paxton seeking to invalidate millions of votes cast in Georgia, Michigan, Pennsylvania and Wisconsin.
The President is being represented by a new attorney, John Eastman, who is known for recently pushing a racist conspiracy theory questioning whether Vice President-elect Kamala Harris was eligible for the role because her parents were immigrants….
“Our Country is deeply divided in ways that it arguably has not been seen since the election of 1860,” the petition states. “There is a high level of distrust between the opposing sides, compounded by the fact that, in the election just held, election officials in key swing states, for apparently partisan advantage, failed to conduct their state elections in compliance with state election law.”
Echoing arguments made by Texas, Trump says the battleground states used the pandemic “as an excuse” and “ignored or suspended the operation of numerous state laws designed to protect the integrity of the ballot.”
He asks the court to block the states from using “constitutionally infirm 2020 election results” unless the legislatures of the states “review the 2020 election results.”
Instead of actually doing the job of POTUS in the midst of an out-of-control pandemic and economic disaster, Trump is spending all of his time claiming he actually won the election that he lost and trying to convince judges and lawmakers to help him with execute a coup and turn the U.S. into an authoritarian state.