Tag Archives: election fraud

A Tale of Two Worlds

I love the New York Times. I hate the New York Times. It has the best stories.  It has the worst stories….

What?

Maybe that reminds you of the remarkable opening of Charles Dickens’ A Tale of Two Cities that didn’t occur to me until I had penned the opening lines of this post:

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way – in short, the period was so far like the present period, that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only.

Dickens, writing in 1859, two years before the start of the American Civil War, was on to something fundamental. He could have been writing today.

I pretend no such comparison, of course. It’s just that as I read the New York Times Sunday Review “Guest Essay” by Christopher Caldwell, entitled, What if There Wasn’t a Coup Plot, General Milley? [https://nyti.ms/3fsvPPC], I experienced the cognitive dissonance that I wrote about in a prior post: Media Bias—Who Are the Victims? [https://bit.ly/2Vf7PIH] Caldwell is the author of a book, published in January 2020, that Amazon describes as explaining how the social justice “reforms of the past fifty years gave the country two incompatible political systems—and drove it toward conflict.” I haven’t read the book, but the description suggests, not surprisingly, that the liberal movement toward equality, educational opportunity and the rest are the root cause of Donald Trump’s appeals to racism and xenophobia. That’s an argument for another day, perhaps.

Here we are in August 2021, more than six months past the January 6 mob attack on the Capitol that killed police officers among many other outrages and Mr. Caldwell suggests that the chairman of the Joint Chiefs of Staff, Gen. Mark Milley, was hallucinating when he viewed Trump’s post-election assault on the Constitution as “some kind of coup.”  Caldwell is offended by Milley’s suggestion, reported in a new book, that a coup would fail because the military would step up to prevent it.

While some might greet such comments with relief, General Milley’s musings should give us pause. Americans have not usually looked to the military for help in regulating their civilian politics. And there is something grandiose about General Milley’s conception of his place in government. He told aides that a “retired military buddy” had called him on election night to say, “You represent the stability of this republic.” If there was not a coup underway, then General Milley’s comments may be cause more for worry than for relief.

Caldwell claims that Milley’s only evidence of a coup was the January 6 attack, and this is where the idea of Two Worlds comes in. Caldwell says, “that day’s events are ambiguous.”

Seriously? Ambiguous? This is better, I suppose, than the argument I encountered on LinkedIn recently in which a large number of Trumpers stated, I kid you not, that the January 6 attack did not happen and that the videos are “all lies.”

To be more than fair, Caldwell accepts the reality that,

On the one hand, it is hard to think of a more serious assault on democracy than a violent entry into a nation’s capitol to reverse the election of its chief executive. Five people died. Chanting protesters urged the hanging of Vice President Mike Pence, who had refused Mr. Trump’s call that he reject certain electoral votes cast for Joe Biden.

But then Caldwell dismisses the entire event as “something familiar: a political protest that got out of control.” Caldwell says that what he describes as merely “contesting the fairness of an election” and calling the election a “steal,” while “irresponsible” coming out of the mouth of a president, are mere hyperbole equal to “calling suboptimal employment and health laws a “war on women.”

Nor did the eventual violence necessarily discredit the demonstrators’ cause, any more than the July 2016 killing of five police officers at a rally in Dallas against police violence, for instance, invalidated the concerns of those marchers.

There are so many problems with this exercise in deflection and what-about-ism, it’s hard to know where to begin. Suffice to say, Mr. Caldwell has chosen to ignore the planning that we now are beginning to understand went into the January 6 attack. The “protest that just got out of hand” is a convenient intellectual ruse to plaster over the realities revealed by, for example, the New York Times’ video, “Day of Rage”. See https://nyti.ms/2VLfDSI

Caldwell is quite comfortable observing that Trump “ended his presidency as unfamiliar with its powers as with its responsibilities. That is, in a way, reassuring.” In effect, Caldwell seems to argue that Trump was too ignorant and incompetent to bring off a real coup. So, no need to worry.

Then, after noting that the few rational people in Trump’s administration left or were ousted, his claims of a stolen election inspired his followers. And, Caldwell hastens to declare,

Republicans had — and still have — legitimate grievances about how the last election was run. Pandemic conditions produced an electoral system more favorable to Democrats. Without the Covid-era advantage of expanded mail-in voting, Democrats might well have lost more elections at every level, including the presidential.

If you’re going to claim legitimacy for arguments of electoral unfairness arising from a public health crisis, then you must also address how that public health crisis unfolded. And there, my friends, is where we find Mr. Caldwell’s hero stuck in the sucking muck of his incompetence and indifference. Trump’s legendary and thoroughly documented mishandling of the pandemic is likely at the heart of his defeat, and he cannot have it both ways. If the pandemic was another “Democrat hoax,” it cannot be blamed for his defeat.

Mr. Caldwell continues his monologue lost in the illogic of his argument that what began as a perfectly rational, if not necessarily correct, dispute about election procedures spun out of control in the hands of an “infuriated and highly unrepresentative hard core.” That “hard core” was precisely the group of politicians and supporters that Trump turned to in his desperation. His one true skill, inspiring hatred and irrational behavior, rose to the occasion just when he needed it most. Trump urged the mob to go to the Capitol, told them he would be there with them – and they believed him. Many of them have argued in court that they could not have committed crimes because they were “invited” into the building by Trump himself.

Undeterred by reality, Caldwell says.

The result was not a coup. It was, instead, mayhem on behalf of what had started as a legitimate political position. Such mixtures of the defensible and indefensible occur in democracies more often than we care to admit. The question is whom we trust to untangle such ambiguities when they arise.

Caldwell assumes away the central issue by simply declaring the situation was ambiguous and that the debate about the election just got out of hand when the mob listened to Trump claiming that the nation would be destroyed if the election were allowed to stand.

Under the rules of logical reasoning, defects in the premise remain in the outcome of a logical progression from that premise. By January 6 there was no even superficial plausibility to the argument that the election was flawed by fraud and “stolen,” notwithstanding the absurd claims of Republican politicians that the mob was just a bunch of friendly tourists. It is therefore impossible to logically argue that a rational dispute about the validity of the election simply got out of hand and led to the vicious beating of police trying to protect Members of Congress carrying out explicit Constitutional responsibilities.

In the end, Caldwell’s argument is that January   6 was not a coup attempt because he says so. And, therefore, he concludes that military leaders should not have “any kind of role in judging civilian ones.”

Most thoughtful people who respect the Constitutional scheme, despite its flaws, would agree that in normal circumstances the military should stay out of politics. Trump’s aspiration to turn the US into a “banana republic” notwithstanding, we remain a democratic republic and our military is subordinate to civilian authority. However, the Trump crowd should not get the wrong idea about that. Recall that it was Trump who called out military forces against civilian demonstrators in Washington. Gen. Milley had every reason to be concerned that Trump’s disrespect for, and fundamental ignorance about, the Constitution and his oath of office might lead to an attempt to use the military to overturn the election. I, for one, am happy to hear the General say “hell, no, not now, not ever.”

A Darkness in the Heart

A few days ago, Rep. Carolyn Maloney, Chair of the House Committee on Oversight and Reform, releaseddocuments showing ex-President Trump’s efforts to pressure the Department of Justice (DOJ) to overturn the results of the 2020 presidential election.  https://bit.ly/35wq4uL Maloney’s release says, in part,

These documents show that President Trump tried to corrupt our nation’s chief law enforcement agency in a brazen attempt to overturn an election that he lost. Those who aided or witnessed President Trump’s unlawful actions must answer the committee’s questions about this attempted subversion of democracy.

This is not really new. Recall that on May 3, 2017, more than four long long years ago, I published, https://bit.ly/3vObOrS that included a 24-item list of indictable/impeachable offenses by Donald Trump. That was long before the March 2019 Mueller Report, laying out conclusive evidence of at least ten instances in which Trump obstructed justice. And longer still before the July 2019 phone call in which Trump threatened the President of Ukraine that he would withhold Congressionally-approved aid if Ukraine did not announce an investigation of Joe and Hunter Biden. See https://bit.ly/3vBQ7LF It was even longer before the January 6, 2021 Trump-inspired and Trump-led (“I will be there with you.”) attack on the Capitol, for which I recommended that Trump be indicted, arrested and charged with Sedition & Felony Murder. https://bit.ly/3q7iaSb

Thus, it comes as no surprise that unleashed Trump has once again committed multiple crimes. [An aside: this is not an exaggeration. I will soon be reviewing the extraordinary memoir, Where Law Ends, by Andrew Weissmann, the inside account of the Mueller investigation that reveals in horrifying detail the determination of Donald Trump to retain power and remain unaccountable to the people, including multiple crimes in office]

In a nutshell, as exposed in the released documents, here is how Trump attempted to subvert the Department of Justice in the wake of his 2020 election defeat [full details here; https://bit.ly/35wq4uL]:

Trump Sent Bogus Election Fraud Claims to Top DOJ Officials Minutes Before Announcing Their Promotions to the Top Two Spots in the Department

Trump Used Official White House Channels and a Private Attorney to Pressure DOJ to Urgently File a Supreme Court Lawsuit to Nullify the Election

      • The draft 54-page complaint demanded that the Supreme Court “declare that the Electoral College votes cast” in six states that President Trump lost “cannot be counted,” and  requested that the Court order a “special election” for president in those states.

Trump Enlisted Assistant AG Jeffrey Clark in an Attempt to Advance Election Fraud Claims; The White House Chief of Staff Pressured DOJ to Investigate Conspiracy Theories At Least Fives Times

 Examples [“Rosen” refers to then Deputy AG Jeffrey Rosen]:

      • On December 30, 2020, Mr. Meadows forwarded Mr. Rosen an email from Cleta Mitchell, a Trump advisor who later participated in a January phone call with Georgia Secretary of State Brad Raffensperger.  During that call,  President Trump reportedly asked Georgia election officials to “find” enough votes to declare him the winner of the state.  The December 30 email contained allegations of “video issues in Fulton County.”  Mr. Meadows wrote to Mr. Rosen:  “Can you have your team look into these allegations of wrongdoing.  Only the alleged fraudulent activity.”
      • Later on December 30, 2020, Mr. Meadows emailed Mr. Rosen a translation of a document from an individual in Italy claiming to have “direct knowledge” of a plot by which American electoral data was changed in Italian facilities “in coordination with senior US intelligence officials (CIA)” and loaded onto “military satellites.”  This individual claimed that the true data, as well as sources within the conservative wing of the Italian secret service, confirmed that Donald Trump was “clearly the winner” of the 2020 election.

Further nuances and details about these sorry episodes were reported in the Washington Post. https://wapo.st/3q4tP49 One element of that recital is the repetition of “no comment” and no response to inquiries from the press about the narrated events. Even those Justice Department officials who were steadfast in declining Trump’s overtures to overturn the election are apparently unwilling to address the revelations in the emails released by the Oversight Committee. And, quite expectedly, Mark Meadows and Trump himself had nothing further to say regarding their blatant attempts to overturn the election.

 What Should Happen Now

Trump and all of the people involved in attempts to suborn the Department of Justice should be indicted under 18 USC § 371,arrested and tried. It’s past time to put a stop to Trump’s campaign to undermine the central fabric of our democracy.

The US Criminal Code, 18 U.S.C. § 371, if violated when two or more persons conspire either to (a) commit any offense against the United States, or (b) defraud the United States, or any agency thereof in any manner or for any purpose. Both offenses require the traditional elements of conspiracy: an illegal agreement, criminal intent, and proof of an overt act.

In Hass v. Henkel, 216 U.S. 462 (1910) the Supreme Court stated:

The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government . . . (A)ny conspiracy which is calculated to obstruct or impair its efficiency and destroy the value of its operation and reports as fair, impartial and reasonably accurate, would be to defraud the United States by depriving it of its lawful right and duty of promulgating or diffusing the information so officially acquired in the way and at the time required by law or departmental regulation.

In Hammerschmidt v. United States, 265 U.S. 182 (1924), the Court elaborated:

To conspire to defraud the United States … also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of those charged with carrying out the governmental intention.

A multitude of later cases confirm the ongoing vitality of those early definitions.

Proof of conspiracy requires knowledge by the perpetrators that the statements were false. The claims made by Trump, Meadows and others acting on Trump’s behalf were not just obviously false but bordered on hallucinatory. Trump’s repeated claims that there was “no way” he lost Georgia, for example, have no plausible factual predicate and after sixty lawsuit failures, no plausible factual basis has been presented. Trump’s claims were a blatant attempt to both “interfere or obstruct legitimate Government activity” and/or to “make wrongful use of a governmental instrumentality.”

The Manual of Model Criminal Jury Instructions: 8. Offenses Under Title 18, referring to 18 USC § 371,  states,

A conspiracy is a kind of criminal partnership—an agreement of two or more persons to commit one or more crimes. The crime of conspiracy is the agreement to do something unlawful; it does not matter whether the crime agreed upon was committed….

One becomes a member of a conspiracy by willfully participating in the unlawful plan with the intent to advance or further some object or purpose of the conspiracy, even though the person does not have full knowledge of all the details of the conspiracy. Furthermore, one who willfully joins an existing conspiracy is as responsible for it as the originators.…

An overt act does not itself have to be unlawful. A lawful act may be an element of a conspiracy if it was done for the purpose of carrying out the conspiracy. The government is not required to prove that the defendant personally did one of the overt acts.

A conspirator may not defend on the basis that he believed in fantasies when he made claims he knew were unjustified. In this case Trump and his henchmen tried to enlist the personnel and resources of the nation’s top law enforcement agency to accomplish what they failed to accomplish in the election, knowing to a moral certainty that their claims lacked a basis in reality. The conduct in question occurred almost two months after the election and after numerous lawsuits throughout the country failed to persuade a single judge (including some Trump himself appointed) that there was any basis for claims of election fraud that could change the result. Even Trump’s Attorney General Barr publicly rejected the fraud claims.

I am not alone in advocating strong and prompt action to stop Trump’s continuing effort to overturn the election . Jennifer Rubin suggested the following in the Washington Post on [https://wapo.st/3wz0sJM]:

    1.  criminal investigation into post-election actions in which officials were pressured to change election outcomes, including attempts at DOJ and at state officials such as Georgia Secretary of State Brad Raffensperger,
    2. create strict guidelines for Justice Department attorneys regarding efforts to undo lawful elections, including whistleblower protections and mandatory duty to report such actions to Congress,
    3. sue to stop the bogus so-called “audits” in Arizona and elsewhere,
    4. develop federal legislation to strengthen the Electoral Count Act, such as requiring a supermajority to challenge electoral votes.

Rubin’s final recommendation is probably the most important: establish an election-monitoring program for 2022 and 2024 that will assign Justice personnel to prevent voter intimidation, measure wait times, observe election counting, receive complaints and, ultimately, render a report on the functioning of elections in all 50 states.  That’s the most critical because Republicans throughout the country are legislating changes in local election procedures to enable Republican-controlled legislatures and political appointees to control and even overturn election results.

Following Republicans’ uniform refusal to hold Trump accountable for any of his many crimes in office, it is now clear that the fate of the nation’s election system is under systemic attack. It is no exaggeration to say that Republicans are prepared, without compunction, to adopt totalitarian tactics to establish themselves as the permanent ruling party in American politics. They seem to believe that the majority of Americans will accept such actions in peaceful submission. That, I believe, is a fundamental misjudgment, the consequences of which are unimaginably horrible. Among many other things, the United States is no longer separated from its enemies by oceans that take weeks or months to cross. A violent civil conflict would expose the country to attacks from which it could never recover.

In any case, there is no reason to sit idly by while the Republicans attempt in plain view to subvert the Constitution and establish a Republican dictatorship under Donald Trump. Aggressive and immediate actions can prevent the unthinkable and avert more drastic measures later. Trump and his co-conspirators should be indicted forthwith. Time and opportunity are wasting.

The 2020 Election Was Not Stolen

I continue to see reports of Republicans claiming that the 2020 presidential election was stolen. Republican talking heads are being given air time on the networks and, of course, on cable, to continue arguing about this. They are wrong. It’s time to move on.

Republicans claiming the election was stolen due to rampant voter fraud are wrong for multiple reasons.

Belief is a choice. If we are to be rationally and coherently connected to the world, we must have a basis for that choice. There are several options.

One option (Evidence Principle) is: evidence. I believe X because there is sufficient evidence that X is true and insufficient evidence that non-X or anti-X is true, when both X and non/anti-X cannot be true at the same time.

Another option (No Evidence Principle): I go by the “absence of evidence rule” that the “absence of evidence is not evidence of the absence.” Thus, if there is no evidence from which to adopt Belief X, I still may choose to believe X because of the “rule.” Don’t try to tell me X is not true; I believe it because there is no evidence to disprove X. Bear in mind, however, that this option is only rational and coherent if there is no evidence. If there is evidence that X is not true, one cannot use this “absence of evidence” rationale for asserting X is true.

Another option (Don’t Know/Don’t Care Principle): I have no idea whether there is evidence or not regarding the truth of Belief X, but I choose to believe X anyway, because I believe a lot of things for which I have no evidence: (1) there is too much evidence to cope with, (2) evidence exists but we just don’t know what it is yet, (3) I know a lot of other people who believe X and I like them/respect them/want to be seen as one of them, so I really don’t care what is true. I believe what I believe.

What do we know regarding the 2020 election?

    1. After more than 60 legal challenges, the Republicans supporting Trump prevailed in exactly none that would have changed the result of the presidential election – NONE. Trump’s counsel and experts were never able to produce evidence that X was true, where X is the fact that the presidential election was stolen by rampant fraud in the handful of battleground states that decided the election.
    2. Since the legal battles ended and the Electoral College results were certified, the pro-Trump crowd has still not produced evidence of X, that the presidential election was stolen, despite months of opportunities to do so.
    3. During the multitude of legal challenges prior to January 6, the pro-Trump contingent was never able to explain how the presidential election was stolen (X was true) while Republicans continued to have electoral success in other races in the same battleground states (Belief Y, that would be expected to be concurrently true if X were true).

It appears that the Evidence Principle and the No Evidence Principle must be rejected as rational and coherent explanations for the continuing claim that the election was stolen.

We are left with the Don’t Know/Don’t Care Principle that, I suggest, means that there is no rational or coherent basis for the claim that the election is stolen. The apparently widespread belief in the QAnon Conspiracy and some of the other nonsense being spread on cable TV, most notably FoxNews, Newsmax and OAN, including but not limited to shows like Breitbart, are examples of the Don’t Know/Don’t Care Principle in practice – large numbers of Americans choose to belief utter nonsense for which no evidence exists or even could exist.

To be clear, I am open to being shown the error of my thinking on this but, absent such proof, this is where we are.

I am happy to have settled this problem for the nation. The subject should be considered closed. The media can now stop giving air time to the proponents of the Don’t Know/Don’t Care Principle. They have nothing useful to contribute to the national dialogue about how we should govern ourselves and therefore no more valuable air time should we wasted on them.

The End. Roll the credits. Blackout.