Monthly Archives: December 2020
Delay, Delay, Delay
Article II, Section 1, Clause 4 of the Constitution authorizes Congress to fix the day on which the electors shall vote and states that electors must meet the same day throughout the United States. Congress designated the date of the electors meeting in the 1936 passage of United States Code: Title 3, Section 7 [3 USC 7] which states, “The Electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment.” The date of the Electors’ meeting for the 2020 Presidential election is set for this Monday, January 14, 2020. On Wednesday, West Virginia became the final of the 50 states and the District of Columbia to certify their presidential results. While the results of the election should be a foregone conclusion to any sane person in the United States, the President, his followers (including the attorneys general in 18 states), and Republicans in Congress have refused to accept a legitimate and legally conducted election of Joe Biden as President of the United States. For more than four years now, the Republican Party has descended into madness. It began long before, but the deterioration of their collective mental capacity has increased since the party chose Donald Trump as the Republican nominee for President in 2016.
The states’ certifications come as Trump has baselessly claimed that the election was rigged and sowed doubt about the outcome of the presidential race. Dozens of lawsuits challenging the results have been dismissed at the state and federal levels across the country since the November election. Now, these nutjobs have turned to the Supreme Court to beg it to hear their outrageous claims. There is no precedent or legal recourse for the Texas AG to file a suit with SCOTUS against other states for how they conducted their election. In no way does how other states handled their elections cause any harm to the State of Texas or any other state. Nowhere in the Constitution says that any state has the right to determine what another state does in their elections, especially when lawfully enacted by their state legislatures. States suing one another has in the past always been about border disputes, water rights, or interstate commerce. None of these apply to an election. While I doubt SCOTUS will accept the Texas AG’s case, we still have to wait. Article III of the Constitution does grant SCOTUS original jurisdiction over a narrow range of cases, specifically “all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party.” However, SCOTUS has set precedent in the past that they do not have to accept cases where they hold original jurisdiction. Most legal scholars believe that the Texas AG’s lawsuit has no merit, and SCOTUS will refuse to consider it.
What worries me is not the casting of the electoral votes on Monday but the counting of the Electoral College votes on January 6, 2021. If a Senator and a Representative sign an objection to the votes cast by a state’s electors, then the joint session must be adjourned so the Senate can return to their chamber to debate the objection. The House will remain and hold a debate in their chamber (the counting of the electoral votes always occurs in the House chamber). The House and Senate have up to two hours to debate before they vote separately to accept or reject the objection. Once the vote has been cast, the Senators return to the House chamber, and the joint session will resume. The good thing is that BOTH the House and Senate must agree to accept the objection and throw out the election results. This is unlikely as the Democratically controlled House will not vote to throw out any election results. However, this process must be done as soon as an objection with the two required signatures is made. The counting of votes cannot continue until a debate and vote is completed and must be done each time there is an objection with the required signatures is submitted.
What worries me is how much time this will take if the process is repeatedly done. It could delay the certification of the electoral votes by Congress for days. At the most, it could likely take 6-7 days if Republicans object only to the electoral votes by the states Biden won, and the Joint Session only meets for 8 hours a day. The length of time Congress would meet, I believe, would be controlled by Vice President Mike Pence, who is statutorily required to chair the Joint Session, unless he passes that responsibility to Pro Tempore of the Senate, Chuck Grassley (R-IA). If Republicans somehow stupidly did delay the count until after noon January 20, according to the Electoral Counting Act, the Speaker of the House would be sworn in as Interim President at noon on Inauguration Day when Trump’s term officially ends. She would serve as Interim President until the election is certified by Congress. Sadly, this would likely mean that Nancy Pelosi would have to resign to become Interim President. As far as I know, there is no option for her to refuse and pass it on to Grassley, who is next in the line of succession. If Pelosi is required to resign to become Interim President, the California Governor cannot just appoint her back to her seat. Members of the House of Representatives must be filled through an election, not appointment like Senators can be, so she would have to win a special election for her to return to her seat in the House. Whether she could return as Speaker of the House is a question of procedure for which I don’t know the answer.
All of this sounds like mere speculation, but a delay in the Electoral College count process is a very real possibility. Rep. Mo Brooks (R-AL) is already trying to frighten the more than 80 million Americans who voted for President-elect Joe Biden into thinking that there is a chance he and other Republicans in Congress could overturn the 2020 election results. To this end, Brooks has stated that he’s planning to challenge the Electoral College votes when Congress reviews them on January 6. As Brooks put it (without any evidence): “This election was stolen by the socialists engaging in extraordinary voter fraud and election theft measures.” Brooks also shared he’s actively seeking to recruit additional Republican members of Congress to join his efforts to prevent Biden from becoming the 46th president because, as he sees it, “Donald Trump won the Electoral College by a significant margin.” Even if he follows through with his threat, it won’t matter. It will only delay the inevitable.
Joe Biden will receive his projected 306 electoral votes on Monday to secure his election victory when the electors meet in their respective states. He will have well over the 270 required to become the next President. Those votes will be counted in a Joint Session of Congress. While Brooks’s objection may be an interesting (and potentially frightening) constitutional thought experiment, in reality, it doesn’t matter. No Republican Senator signaled any enthusiasm for Brooks’ plan. In fact, they have been downright dismissive of it. However, if Trump starts lobbying Republican Senators, that could change. We all know there are crazy, idiotic, stupid, Trumpist Senators who could join in and sign an objection along with Brooks. The Alabama Congressman may very well be able to enlist one Republican Senator—or even more than one—to sign his objection on January 6, given that such grandstanding will ingratiate Republicans with Trump’s base. This will likely cause a delay of hours or maybe days if they continue their stupidity long enough. But that’s all it will be — one final delay.
All of the grandstanding and claims of election fraud is dangerous to the United States’ democratic institutions. I am tired of this stupidity that has gripped the U.S. and the Republican Party. The Republican Party has only one chance to redeem itself in any way, and that chance is quickly slipping through their fingers as they continue to humor Donald Trump’s delusions. There is no doubt this election will go down in history as one of the most fucked up ever. Even the election of 1876 did not see this much stupidity from a losing side, and that election was the reason Congress passed the Electoral Counting Act in the first place. Regardless of the attempted delays the Republicans may try, come Inauguration Day, Trump will be yelling at TV screens in Mar-a-Lago, and Joe Biden will be sitting behind the Resolute Desk (after the White House is fumigated and disinfected first).
Historians Sue Trump
As a historian and a member of the American Historical Association (AHA), I found that particularly interesting. The AHA, the Society for Historians of American Foreign Relations (SHAFR), the National Security Archive, and Citizens for Responsibility and Ethics in Washington (CREW) joined together to file a lawsuit in the U.S. District Court for the District of Columbia against President Trump and other administration officials to ensure compliance with records laws. The groups said that with Trump facing “potential legal and financial exposure once he leaves office, there is a growing risk that he will destroy records of his presidency before leaving.”
Tom Blanton, director of the National Security Archive, said in a statement, “Presidential records are always at risk because the law that’s supposed to protect them is so weak. The archive, historians, and CREW are suing to put some backbone in the law and prevent any bonfire of records in the Rose Garden.”
When asked for a response, the National Archives and Records Administration (NARA) said it could not comment on pending litigation, nor did the Trump administration make any comments about the lawsuit.
The Presidential Records Act requires presidents and White House personnel to preserve all records of “the activities, deliberations, decisions, and policies that reflect the performance of the president’s constitutional, statutory, or other official or ceremonial duties.” NARA restricts these records from public view until at least five years after the end of an administration. NARA can withhold some records for much longer.
James Grossman, director of the AHA, said, “Research rooted in these materials provides an unparalleled look inside an administration’s activities that would, if absent, leave the world wholly reliant upon the memoirs and memories of those whose deeds we professionally investigate and evaluate.”
Presidential records and the keeping of them have long been a source of tension and revelation. Congress passed the Presidential Records Act with historians in mind. A president’s papers used to be considered the personal property of that president, for better or worse. And, sometimes, it was for worse. Much of George Washington’s papers were neglected by his heirs and destroyed by rats. During Richard Nixon’s presidency, his records, which included the so-called smoking gun tape, were legally seized from him. After that, Congress passed the Presidential Records Act to clarify that a president’s records belong to the public.
Conflicts between Trump and records laws have been occurring for nearly his entire term. Unbelievably, Trump has a habit of ripping up paper he is finished with and throwing it in the trash or on the floor. How childish and disrespectful do you have to be to rip up a document and throw it on the floor? I guess you have to be as uncaring and immature as Donald Trump. Because of these careless acts, an entire team of records specialists has been taping the pieces back together for preservation.
The lawsuit also focuses on other administration officials, including Trump’s son-in-law and senior adviser Jared Kushner, who uses screenshots to keep records of communications on nonofficial messaging accounts such as WhatsApp or private email. According to the lawsuit, screenshots violate the Presidential Records Act because they do not include metadata and other attachments that could be of historical value. Congress amended the act in 2014 to include specific instructions on electronic records. It prohibits all official communications sent on nonofficial messaging platforms unless an official account is copied on the original transmission or forwarded to an official account within 20 days.
The historians say White House counsel incorrectly directed staff to preserve such records “via a screenshot or other means” in a February 2017 memo. White House counsel provided this memo during a Senate briefing in October 2017. In December 2018 testimony, Kushner’s personal attorney Abbe Lowell told the House Oversight and Reform Committee that Kushner had used and continued to use WhatsApp to communicate with foreign leaders and that he used screenshots to preserve records of the communications. Kushner and his wife, Ivanka Trump, the president’s daughter and a senior adviser, also used private email accounts for White House business, as did former deputy national security adviser K.T. McFarland and former White House chief strategist Stephen K. Bannon. Wasn’t this what Trump attacked Hillary Clinton over and had crowds chanting “Lock Her Up”? Then again, we know that the Trump administration says one thing and does the opposite, flaunting a wanton disregard for every law, precedent, and American institution.
The lawsuit seeks to stop the disposal of any of these potential records without following proper protocols and to have the “screenshotting policy” rescinded. This isn’t the first time historians have sued over the administration’s alleged violations of the records act. Three of the groups — CREW, SHAFR, and the National Security Archive — have previously sued to challenge White House officials’ use of encrypted apps such as Signal and to allege President Trump has violated the records act by not keeping records of phone calls and meetings with foreign leaders.
I doubt the lawsuit will be successful. Yes, they may win in court to halt the destruction of documents. Still, I doubt anyone thinks it will actually stop the administration from destroying documents that could implicate them in crimes or be used to discredit them in the history books. Trump will spend the rest of his life, claiming he won the 2020 election and rewriting history to align with his own delusions. Historians, however, will remember and document the ineptitude and unlawfulness of the Trump presidency.
War Within Myself
War Within Myself
By Daniel K.
I’ve been fighting a War Within Myself all my life,
Tired of the hurt, the pain, the strife.
Anger consumes me from day to day,
Cellies now walking on eggshells, unsure of what to say.
I do pray each night for the peace that I need in my heart,
I need it before I tear what friendships I have apart.
Prison has a funny way of doing some things,
Leaves me wondering what tomorrow may bring.
I’m tired of the hate, anger and pain that I feel,
I just want my heart and soul to be healed.
I want to be able to simply laugh at a joke,
I need someone to help me before I lose all hope.
My heart is almost completely hardened with what I’ve been through,
I need someone, anyone, maybe that someone is you.
I’m fighting a War Within Myself, and I’m so tired,
So nervous, scared, like I’m on a high tight wire.
I hope that I don’t fall before someone catches me,
But then again… maybe it’s my destiny.
Rarely, have I come across a poem which so perfectly describes my current state of mind. Daniel K.’s poem “War Within Myself” was first published on February 20, 2019, in partnership with Free Minds Book Club & Writing Workshop, an organization based in Washington DC that elevates the voices of those directly impacted by the prison system through creative writing. (The poet’s last name was withheld on request in consideration of their privacy.)
While “War Within Myself” is about being in a literal prison, I think many of us have found ourselves more in a metaphorical prison at one time or another. Yesterday, my dominant emotion/feeling was, I am tired. Sometimes, we can’t pinpoint what we are tired of or if we are just tired of everything. When someone has depression, there is always a “war within ourselves.” We become a prisoner of our emotions. It causes an inability to function within our day-to-day tasks. We may find ourselves tired of the hurt, the pain, the strife, and the anger that consumes us at a given moment.
Depression can affect everyone around us. In the poem, Daniel K. writes, “Cellies now walking on eggshells, unsure of what to say,” It can be the same for our friends and family. They often do not know what to say or do to help us. We may see a doctor about our depression, and medication can sometimes help. But some people are too embarrassed to see a doctor. Hopefully, we seek help from somewhere or someone before a breaking point, before we lash out at those we love. Sadly, some people turn to more destructive means. What we most long for is for our “heart and soul to be healed.”
We want joy back in our lives. We need something to hope for in our lives. We must lean on friends and family who want to help us bring that joy and hope back into our lives. My depression is often fleeting at this stage in my life. There was a time when I found it hard to function from one day to the next. I am better now than in those darker days, but there are times like yesterday when I suddenly became so depressed that the sensation was overwhelming and all-consuming. Sometimes, it helps to concentrate on work or to reach out to a friend, anything to get the mind off my depressed state, but depression is a strange adversary. When you are in its grip, you only want to focus on your depression, and not the things that might get your mind off what is bothering you. Daniel K. ends the poem with the statement, “maybe it’s my destiny.” It doesn’t have to be our destiny. We have to allow someone to catch us and pull us back from the brink.
The Day of Infamy
It began as an ordinary December day. Most Americans were doing what Americans do on a Sunday afternoon. They had gone to church, had Sunday dinner, and were spending the afternoon with their families, not girding for battle. That changed abruptly on December 7, 1941, when the first Associated Press report came over the radio at 2:22 p.m. Eastern Standard Time of a “bombing in Hawaii,” the news was electrifying. My grandparents were returning from the hospital, where their baby girl had just died of pneumonia, and they turned on the radio just as they were announcing the bombing of Pearl Harbor. Not only had Grandmama just lost her baby but also, she realized that she could soon lose her husband to the imminent war. Granddaddy fought in World War II, serving in the Army Corps of Engineers. Luckily, he safely returned home to my Grandmama, and they had two more children: my father and my aunt.
Pearl Harbor marked a watershed in the nation’s history. What came after would be very different from what came before. It was the war that changed the world. “The Day of Infamy” thrust us into a conflict more than four years long that altered nearly every aspect of American life, large and small—from rationing gas and sugar, the harnessing of atomic power, and the new role of women in the workplace. The United States united again to defend our democracy as they had in the First World War some twenty-four years earlier. For more than 400,000, it would be the ultimate sacrifice, which is why it is so important to remember the anniversary of Pearl Harbor.
The Japanese bombing began at 7:55 a.m. Hawaiian time and lasted little more than an hour. It devastated the American military base on the island of Oahu in the Hawaiian Islands. Nearly all the ships of the U.S. Pacific Fleet were anchored there side by side, and most were damaged or destroyed; half the bombers at the Army’s Hickam Field were destroyed. The battleship USS Arizona sank, and 1,177 sailors and Marines went down with the ship, which became their tomb. In all, the attack claimed more than 3,000 casualties—2,403 killed and 1,178 wounded. Luckily for the U.S. Navy, the aircraft carriers in the Pacific Fleet were out on maneuvers. These carriers would be vital in the Pacific War against the Japanese. On the same day as the attack on Pearl Harbor, the Japanese also attacked Malaya, Hong Kong, Guam, the Philippine Islands, Wake Island, and Midway Island.
President Franklin D. Roosevelt called a Joint Session of the U.S. Congress for the next day. The address is one of the most famous of all American political speeches. The speech was less than eight minutes long, and he opened the speech with these unforgettable words: “Yesterday, December 7, 1941—a date which will live in infamy—the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan.” The speech had an immediate and long-lasting impact. Thirty-three minutes after he finished speaking, Congress declared war on Japan, with only one Representative, Jeannette Rankin, voting against the declaration. A lifelong pacifist, Rankin had also voted against the declaration of war in 1917. Each time it cost Rankin, who was the first woman to be elected to federal office, any hope of reelection. The speech was broadcast live by radio and attracted the largest audience in U.S. radio history, with over 81 percent of American homes tuning in to hear the President. The response was overwhelmingly positive, both within and outside of Congress.
During the war, 671,801 service members would be wounded, and 419,400 Americans would die during the war. As many as 85 million were killed during the war from all belligerents. Let us not forget those deaths.
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