homeaboutarchivepodcastnewslettermembership!
aboutarchivepodcastmembership!
aboutarchivemembers!

kottke.org posts about Teri Kanefield

The Approaching Crisis of the 2020 Election

posted by Jason Kottke   Sep 24, 2020

This is an excellent piece in The Atlantic by Barton Gellman on The Election That Could Break America. Excellent and hair-raising. It outlines several of the ways that Donald Trump & the Republicans could disrupt the election process to produce an ambiguous outcome and use the chaos to retain the presidency.

The worst case, however, is not that Trump rejects the election outcome. The worst case is that he uses his power to prevent a decisive outcome against him. If Trump sheds all restraint, and if his Republican allies play the parts he assigns them, he could obstruct the emergence of a legally unambiguous victory for Biden in the Electoral College and then in Congress. He could prevent the formation of consensus about whether there is any outcome at all. He could seize on that un-certainty to hold on to power.

Trump’s state and national legal teams are already laying the groundwork for postelection maneuvers that would circumvent the results of the vote count in battleground states. Ambiguities in the Constitution and logic bombs in the Electoral Count Act make it possible to extend the dispute all the way to Inauguration Day, which would bring the nation to a precipice. The Twentieth Amendment is crystal clear that the president’s term in office “shall end” at noon on January 20, but two men could show up to be sworn in. One of them would arrive with all the tools and power of the presidency already in hand.

Read on for the details about how that could happen (voter suppression, mail-in voting, the “blue-shift”, the expired consent decree governing “ballot security” operations at polls, deploying the military to “Democrat-run cities” to “protect ballots”, hand-picked electors in Republican-controlled swing states). But Gellman is clear: some or all of this is going to happen.

Let us not hedge about one thing. Donald Trump may win or lose, but he will never concede. Not under any circumstance. Not during the Interregnum and not afterward. If compelled in the end to vacate his office, Trump will insist from exile, as long as he draws breath, that the contest was rigged.

Trump’s invincible commitment to this stance will be the most important fact about the coming Interregnum. It will deform the proceedings from beginning to end. We have not experienced anything like it before.

(As a quick aside, just yesterday, after Gellman’s piece was finalized, Trump again declined to commit to a peaceful transfer of power.)

I’m not a political scientist nor a therapist, but as someone who has been writing for years that Trump will never willingly leave office, I urge those of you who don’t want America to slide further into autocracy to acclimate yourself to the worst case scenario here so that you’re not completely devastated and immobilized when Election Day and then Inauguration Day comes and this shit happens. Don’t ignore this, optimistically rationalize it away, or stuff it deep down inside you; face it now, directly, and be prepared to assist in the fight for democracy and justice that’s coming.

Update: Here’s a thread by lawyer & author Teri Kanefield responding to The Atlantic piece that’s gotten some attention on Twitter.

First, remember that each state has rules that govern the certifying of their elections.

Yes, laws still matter.

The Trump legal advisor wants you to think they don’t.

Why? Because when enough people lose confidence in democracy, democracy will fail.

That’s why…a goal of active measures is to get you to lose confidence in democratic processes.

Trump is trying his best to get you to lose confidence in democratic processes.

He is trying to make you think he can pull this off.

New polls came out today showing that Trump is ten points behind nationally.

The Strongman needs you to think he’s strong. He doesn’t want you talking about the polls.

If he was winning, he’d want you talking about the polls.

There are some good details in there, but ultimately she’s really only talking about one aspect of the piece (the election certification) and it remains to be seen whether national polling during a pandemic and more than a month before the election will have anything to with reality when it comes to actual counted votes in a selection of swing states. As the 2016 election showed, all you really need is to bend things your way a little bit in a few states and you’ve got yourself an election or crisis or whatever. (via @heathr)