Rebellion

I was approaching my eighth birthday when the Japanese bombed Pearl Harbor and Hitler soon thereafter declared war on the United States of America. Even at that age I was a voracious reader of the daily news. I followed every battle,- - the ones we lost in the Pacific in 1942, the Bataan death march, I despaired of the grievous losses in the battle of the bulge and the Normandy landings, but I never, never, not for one moment, feared that we would lose that war. I never, never

 feared that we would lose our beloved democracy.

80 years later, I find myself a retired lawyer blogging about politics and the law. At no time since I started doing this was I ever despondent. Not all the candidates I favored won. In fact, I think I "lost" as many presidential elections as I "won." But I never despaired about the survival of our democracy.

When Trump won in 2016, I remained positive. I assured everyone within the reach of my words, that Trump would lose the 2020 election, his boasts about litigation would prove to be hot air, we would overcome the disgrace of William Barr, Mitch McConnell, Rudy Giuliani, and the rest of the Trump Crime Family. I believed that in the end, the country would survive with some bruises but basically in good order, and the Trump episode would, in time,  pass as an ugly wart on our historic democracy.

But last night, for the first time in my life, I went to bed concerned about our country's survival. I even wondered whether I would ever get back to the United States from our Caribbean vacation spot. 120 Republican Congresspersons simply peed on the constitution because their preferred candidate received 7 million fewer votes than his opponent? They sought to defeat and ignore the Constitution and court decisions protecting voters' choices? They sought to persuade Trump's sycophantic Vice President to participate in a coup d'état? For what, so they could be re-elected? Good grief!

But even then I held on tight to my optimism.There were enough Democrats and Republicans in the House and the Senate to defeat the corrupt effort. The winner of the election would be declared the winner of the election, and Biden and Harris would be sworn on January 20.

But then the picture grew black. At a "Save America" rally in the District of Columbia, Trump encouraged his armed supporters to "march on the Capitol" and "to fight." At the same rally, Rudy Giuliani call upon the crowd  to "Let's have trial by combat." 

And when the crowd followed that instruction, and Ivanka Trump supported the rioters by calling them "American patriots," and Donald Junior threatened the congressmen who didn't join in the coup attempt by warning. "if you're going to be a zero and not a hero we're coming for you and we're going to have a good time doing it," and the terrorists stormed the Capitol building, and actually broke into the House of Representatives and the Senate chamber, injuring 14 Capitol policeman and causing a melee that ended in the death of a Trump supporter, - - when that happened I turned off the television, and worried if I were going to have a country to go back to. Really.

When I woke up this morning, we still had a democracy. It was a close call, but the Trump fantasy was too much even for the likes of McConnell, Barr, et al,  though, in my view, they bear a great deal of blame for not putting a stop to the Trump madness months ago.

What happens now?

Title 18 United States Code section 2384 reads:

 "if two or more persons in any state or territory ... conspire to overthrow, put down, or destroy by force the government of the United States ... or by force...prevent, hinder, or delay the execution of the law of the United States, or by force seize, take, or possess any property of the United States, they shall be... imprisoned for not more than 20 years."

And section 2383 reads,

"Whoever sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be imprisoned for not more than 10 years and shall be incapable of holding any office under the United States."

The press reports some 43 people were arrested in the Capitol break-in.  Windows and furniture was smashed, capitol guards were injured, one invader shot and killed. Trump refused to call out the National Guard. Despite White House lies, it was Pence who did that. Order was restored, Congress resumed its work, and despite the continued efforts of some traitorous Republicans, at 3:49 a.m., Biden and Harris were officially declared the persons who will be sworn in on January 20.

But what of the not-yet arrested felons who participated in this seditious episode? What happens to those who were not arrested but gave assistance to those who were? What happens to those who gave "aid and comfort" to the criminals? What happens to Giuliani who insisted on choosing the next president via "trial by combat", or Ivanka who encouraged the armed mob by calling them "Patriots",  or  Donald Jr. who threatened congresspersons who refused to support the rebellion, with the message: "We're coming for you and we are going to have a good time doing it.", or the President who set the mob to march on the Capitol and refused to call them back after it appeared this was not a peaceful demonstration?

How many pardons will Trump rush to sign? Does he dare include  himself? Yes he does. Will it stick? Will his Supremes stand by him? So far they have not.  Will Pence invoke the 25th Amendment? No, he will not. Will Congress impeach? (Yes, there is precedent for impeachment after he leaves office.) Is this, at the very least, the end of the Trump 2024 campaign?

Lots of questions. More later. Maybe even some answers.Most important, I will go to sleep and wake up in a Democracy, however fragile. 

Night, Night.

A bientot.

N.B. MASSIVE COMPUTER PROBLEMS. SORRY FOR TYPOS.

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