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Month: June 2022

Herschel’s latest

How many children does he have anyway?

None of this would be much of an issue if he didn’t lecture other Black men about being present and responsible for their kids, which he does. He’s a mess:

The list of Herschel Walker’s previously undisclosed children grew a little larger on Thursday, with The Daily Beast reporting that former President Trump’s pick for Senate in Georgia confirmed to them that he has yet another son, this one a 13-year-old.

The news comes two days after The Daily Beast revealed that Walker has a 10-year-old with a different woman, which Walker’s campaign confirmed. Walker is estranged from that son, and yet has publicly decried single-parent homes, noting in a 2020 interview that a “fatherless home is a major, major problem.”

Regarding his relationship to the 13-year-old, The Daily Beast cites social media posts suggesting that Walker “seems to have been present on at least two occasions,” though “it’s unclear how active he’s been beyond that.” The names of both children and mothers have been withheld.

Walker provided The Daily Beast with a form he filled out in 2018 listing his children before then-President Donald Trump appointed him to the Council on Sports, Fitness, and Nutrition. In an accompanying statement, he said he has four children.

“I have four children. Three sons and a daughter. They’re not ‘undisclosed’ — they’re my kids,” Walker said. “I support them all and love them all. I’ve never denied my children, I confirmed this when I was appointed to the President’s Council on Sports, Fitness, and Nutrition, I just chose not to use them as props to win a political campaign. What parent would want their child involved in garbage, gutter politics like this?”

After it was revealed earlier this week that Walker had a 10-year-old, his campaign’s statement in response made no mention of any other previously undisclosed children, including the daughter he had when he was in college. “Herschel had a child years ago when he wasn’t married,” the statement said. “He’s supported the child and continues to do so. He’s proud of his children. To suggest that Herschel is ‘hiding’ the child because he hasn’t used him in his political campaign is offensive and absurd.”

All of that might make some sense if it weren’t for the fact that he’s made his one acknowledged son a huge part of his campaign and the kid is also out there lecturing Black men about being responsible for their kids:

I’ll just leave that there.

What happened to Rudy?

No surprise to me … but this former ally says he’s embraced his dark side

A fascinating piece about Giuliani from someone who knew him well. It’s long but here are some excerpts:

[M]ore fateful and instructive for the rest of us than Giuliani’s own prospects is his emblematic and substantive public role—second perhaps only to Trump’s—in fomenting today’s crisis of faith in liberal democracy in the years since Oprah Winfrey dubbed him “America’s Mayor” and Queen Elizabeth knighted him for his performance on and after 9/11. Let me offer a couple of modest suggestions about why Giuliani’s and Trump’s assaults on democracy have become so much more aggressive and unapologetic than they were 20 years ago, with worse likely to come, either from them personally or from younger offenders who have learned from them.

The “why” involves certain destructive elements of personal character in Giuliani that some of us who knew him and wrote about him in the 1980s and ’90s noticed but underestimated in his performances as U.S. attorney for the Southern District of New York and as New York City’s mayor. These characterological elements that drive his excesses now were at work in those days too, and they’d converged even then with those of Trump and others before metastasizing today.

Rudy and Donald have been frenemies since well before 1987, when Trump told a reporter that “if Rudy decides to run for public office … I would be very helpful.” Two years later, Trump co-chaired fundraising for Giuliani’s first, and losing, mayoral campaign. They’re still joined at the hip, this time in public investigations and in lawsuits against them. But their assault on liberal democracy began decades ago, for personal and political reasons that they finessed back then but can no longer deny. Much has been aired about the racist, residually fascistic inclinations of Trump’s father, Fred, who made his son wealthy even as a child and sent him to a military academy before enfolding him early into his fledgling real estate development empire.

But less has been said about Giuliani’s equally perverse nurture by the Brooklyn Mafia family into which he was born in 1944. His father, Harold Giuliani, an enforcer for family members’ loan-sharking, was convicted of armed robbery and imprisoned a decade before Rudy’s birth. But it wasn’t until 2000, when the late investigative reporter Wayne Barrett discovered that family secret, that anyone outside the family knew of it. Having watched Rudy as a ferocious prosecutor and mayor in the years before the secret was made public, I believe that he made his career in law and public governance partly to constrain the dark impulses in his family past but also partly because the law enabled him to reenact that vengeful force upon others under the sober cover of justice.

You don’t have to be a psychoanalyst to suspect that Giuliani was so aggressive in publicizing his prosecutions of mobsters in the Fulton Fish Market, Pizza Connection, and “Commission” cases because he was desperate to cleanse himself of the family secret—an “out, damned spot!” reflex. At the same time, he was just as ferocious in charging his “betters” among white-collar Wall Street traders and Democratic politicians because their kind looked down on his kind.

[…]

When Giuliani defeated Dinkins in 1993, I supported him in my Daily News columns and elsewhere. A lot of what he was saying about neoliberal-Democratic fecklessness before crime and pandering to a cookie-cutter diversity had to be said. Four years later, Giuliani won a landslide reelection victory, even in “liberal” Manhattan, against liberal-Democratic icon and Manhattan Borough President Ruth Messinger, who had campaigned heavily on “diversity” nostrums but who also—and quite ironically, as Michael Tomasky noted in a New York magazine column at the time—was acquiescing in Trump’s (and Giuliani’s) promotion of the huge “Trump City” luxury apartment complex on Manhattan’s West Side.

Giuliani pushed back against what he saw as Messinger’s pandering to ethno-racial “diversity” claims, having told me during his successful 1993 campaign that “if I could make up the two points I lost by in 1989 with only Black votes, it’d be healthier for me and the city.” By the time of his 1993 victory,he had done just that,with liberal grace notes on his platform. Even the democratic socialist activist and savant James Chapin told me that he considered Giuliani a “progressive conservative” on the model of Teddy Roosevelt; not so liberal on race-specific remedies like affirmative action, but strictly race-neutral in creditable ways.

During Giuliani’s first year in City Hall, I watched him tell the mostly Black Urban League’s board of directors, “I don’t have a special message for any group. People in this city … need more of certain general things—safety, education, jobs.” A nuanced discussion ensued, but “I have to move quickly,” he had told me, “because every day you wait, the problems grow exponentially.” Although I quoted that comment receptively here in The New Republic,I mentioned “the problems he is bringing on himself” and elaborated in Daily News columns on those self-generated problems, including his own “special messages” to Hispanic and Orthodox Jewish groups that backed him.

Although Giuliani contemplated the human tragicomedy with a Machiavellian prince’s supple wit in a couple of our conversations, he tensed up so tightly when emerging from his office, especially for press conferences, that even his efforts to lighten up seemed labored. Like someone else he knew, he tended to view the press as an enemy of the people, not least because we challenged his authoritarian inclinations. Still, I took his point, in his talk at a crime forum in March 1994, when he said that “freedom is about the willingness of every single human being to cede to lawful authority a great deal of discretion about what you do.”

When he said it, tongues stopped cold. “I was floored. Maybe this is the real Rudy Giuliani,” said an ACLU staffer. Yet in Washington the day before, Giuliani had said rightly that “civil rights and the ability to make our own choices flow from order that prevents anarchy.” Manhattan liberals seemed not to have learned that federal authority had integrated Little Rock only because most whites ceded a great deal of discretion to lawful authority, however reluctantly. Giuliani wasn’t wrong to remind them of that reality.

He wasn’t oblivious to economic violence. I recall not only his prosecuting white guys in suits and Teamsters in work clothes who backed his own president, Ronald Reagan, but also his supporting East Brooklyn Congregations, a mostly Black, self-described “power organization” that defied bankers and bureaucrats to build affordable homes.

But I also watched him send his staffers out to fight his fights like a fast and brutal hockey team—often even against agencies that weren’t even mayoral (that is, under his control), such as the Board of Education and the Metropolitan Transportation Authority, dividing everyone into friend or foe, with snarling vilifications of the foes. Those were operatic emotions, ill-suited to a city’s chief magistrate.

When his old friend and deputy mayor Peter Powers told me that 16-year-old Rudy had started an opera club at Bishop Loughlin Memorial High School in Brooklyn, I realized that he sometimes lives in a libretto that glorifies vengeance and violence. If his firm, calm defiance of terror on 9/11 seemed sublime, that was because he’d been rehearsing for it all his life, drawn to chaos and brutality not because he expected to end them but because he was perversely at home in them.

Giuliani mattered to some of us when he warned us that law itself depends not only on enforcement but also on public willingness to accept its restraints on freedom. But now, the House January 6 committee, the Southern District of New York investigation, the bar association suspensions, the lawsuits, and a lot of good journalism are showing that liberal democracy’s balancing of responsible liberty and decent authority can tip all too easily into desperation and demagoguery if citizen-leaders such as Giuliani and Trump can beguile millions of their fellow citizens into craving authority more than freedom by convincing them that the former is their only route to the latter.

When the creative tension between enforcement and trust succumbs to authoritarian promises of tension-free “order,” democracy’s last barrier against dictatorship falls. Giuliani has danced back and forth across that barrier for many years, for the characterological and political reasons I’ve mentioned. He’s accelerating the dissolution of public trust by chasing personal demons and seeking company with villains. It takes one to know one.

I’m not a New Yorker so maybe I just wasn’t exposed to Giuliani’s alleged charms at the time. But I always just thought he was an asshole. Always.

Paging QAnon

First Pizzagate, then Frazzledrip, then microchips in the vaccines

They’ll believe anything. What’s next?

Their Lovecraftian fantasies have metastasized from ritual Satanic abuse, child sacrifice and harvesting adrenochrome to “teaching transgender.” All while insisting faith will prevent their dying from Covid or horse dewormer will. Or a large enough stockpile of weapons and ammunition.

Does cringeworthy even compute on the American right?

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Request a copy of For The Win, 4th Edition, my free, countywide get-out-the-vote planning guide for county committees at ForTheWin.us.
If in a position to Play to win in 2022 (see post first), contact tpostsully at gmail dot com

As phony as Trump

The only thing American about them are their birth certificates

Two new videos from the Jan. 6 hearings this week won’t leave my brain.

The first is the video by the guy Georgia Rep. Barry Loudermilk took on a tour of lower levels of the Capitol complex the day before the inurrection. His “Fearless Leader”shows off an American flag to which it appears he’s attatched a metal spike for stabbing “a certain person.” He demonstrates.

The second video is by Ryan Nichols, the East Texas man at the top screaming threats against public officials. There was more to the video than the committee played. For obvious reasons, Nichols remains in jail pending trial.

Business Insider offered a bit more about him:

Ryan Nichols, who was arrested on January 18, 2021, and charged with five felonies and three misdemeanors in connection to the insurrection, is seen in the video threatening violence if the election is certified for Joe Biden.

“I’m hearing reports that Pence caved,” Nichols said in the video. “I’m telling you, if Pence caved, we’re gonna drag motherfuckers through the streets.”

Nichols, a former Marine, appeared to be referencing a false claim from former President Donald Trump that Pence had the power to overturn the election.

Pence was in the Capitol that day to certify the election. 

“Cut their head off!” Nichols said. “Republican protestors are trying to enter the House right now at the Capitol is the word that I’m getting. So if that’s true, then get up in there. If you voted for treason, we’re going to drag your ass through the streets.”

Nichols denied a plea deal, pleaded not guilty to the charges against him, and is awaiting trial, CBS19 reported.

Well, at least this guy has been arrested.

But you know what makes me sick, as “Earl Pitts, American” might say? “You know what makes me so angry I might well get my foot caught in a leg trap and then chew my leg off?” It’s how these insurrectionist uber patriots feel so gol-dang entitled to having America their Burger King way. They stand ready to go to guns … or fists or spears or nooses and mobs … if the rest of the country refuses to bow down to their tantrums and penile displays the way they bow down to their orange autocrat.

They reject the democratic process. They reject the Constitution and the rule of law. They reject “taking it like a man,” in their own macho framing, when they don’t get their way. But if lefties get their backs up, we are the threat to the democratic republic that they have no use for if they cannot rule it.

“This kind of party, authoritarian discipline, where you follow the leader or you deserve to die, that’s not democracy. That has nothing to do with democracy,” says Ruth Ben-Ghiat, author of “Strongmen: Mussolini to the Present.”

It’s ironic. The movement really took off after the election of Barack Obama, and after Donald Trump questioned his Americanness via his birth certificate.

Now the only thing American left about these Real American™ poseurs are their birth certificates.

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Request a copy of For The Win, 4th Edition, my free, countywide get-out-the-vote planning guide for county committees at ForTheWin.us.
If in a position to Play to win in 2022 (see post first), contact tpostsully at gmail dot com

Friday Night Soother

Bearcats!

It’s a what? It’s a binturong! Looking like something Dr. Seuss might have dreamed up, a binturong has a face like a cat’s and a body like a bear’s, long, shaggy black hair, stiff white whiskers, and a prehensile tail that’s as long as its body. Binturongs are also called bearcats, but that name is rather misleading since they are not related to bears OR cats. Instead, they are related to civets and fossas but look more like gigantic dust mops and smell like a freshly made batch of popcorn! 

The hair coloration on binturongs can vary from black to brown with white, silver, or rust on the tips, which gives the binturong a grizzled appearance. Binturongs are classed as carnivores but eat mostly fruit. Their long ear tufts and reddish-brown eyes give them an endearing appearance but one that isn’t seen very often by humans.

The female binturong is one of only a few mammals that can experience delayed implantation, which allows the female to time the birth of her young with good environmental conditions. This means that mating can take place anytime of the year, because the female can control when her babies are born. 

Females are about 20 percent larger and heavier than the males and are the dominant sex. A male sometimes stays with the female after mating, even after she has given birth. Baby binturongs are born with eyes sealed and remain hidden in the mother’s thick fur for their first few days. At six to eight weeks, they are the size of a domestic cat, have grown a coat of coarse hair, and begin to explore and eat solid food. Binturongs usually live by themselves or in small family groups consisting of a female and her immature offspring.

Communication is key. Most wildlife has some sort of odor, and many kinds use scent for communicating with others of their kind. Some, like skunks, use scent to keep predators away. Binturongs have a very distinctive smell—that of buttered popcorn! As pleasing as it might be to a human nose, that scent serves a purpose: to let other binturongs know they are trespassing on someone else’s territory or to discourage would-be predators. This can be a good thing if you’re looking for a mate, or a not-so-good thing if you’re the trespasser. The scent is made by an oil gland under the tail; as a binturong drags its tail through the branches it climbs on, it leaves its scent behind.

Binturongs also make lots of noises to communicate: snorts and chuckles when happy, a high-pitched wail that sounds like a cat screaming if bothered. They also make loud howls, low grunts, and hisses. A binturong who participates in educational programs at the San Diego Zoo makes a funny snort when he’s found something interesting on one of his walks!

Trump on Faith and Freedom

Somebody’s very upset

The very religious Faith and Freedom crowd seems to love it more than ever.

Aaaaand:

It’s all about him. As always.

Rudy’s being persecuted

First of all, the House Judiciary Committee isn’t holding the hearings. Rudy obviously threw back a scotch or two before he dictated that one.

Be that as it may, it’s very generous of Rudy to tell all those MAGA voters who aren’t watching the hearings that it’s Republican aides to Trump himself who are testifying against him in the hearings. He’s taking a chance that a few of them might just start to wonder if there is more there than meets the eye…

Brain rot before Fox News

The right has been trafficking in paranoid conspiracy theories for a very long time

This looks at a famous “moderate” Republican Supreme Court justice who was obviously immersed in the right wing fever swamp, before Fox news brain rot was a thing:

Conservative media’s influence on judicial thought, however, is not a new phenomenon. In his book Too Close to Call, a tick-tock of Florida’s disastrous 2000 presidential election that the Court ultimately handed to George W. Bush, author Jeffrey Toobin recounts a troublingly revealing nugget about the mindset of Justice Sandra Day O’Connor. On December 4—the same day the Court issued its first opinion in Bush v. Gore—O’Connor absolutely teed off on the Gore campaign at a private party in Washington. 

“You just don’t know what those Gore people have been doing,” said O’Connor, a Republican appointee, whom Toobin describes as “livid” and speaking “with fervor.” “They went into a nursing home and registered people that they shouldn’t have. It was outrageous.” The vibes here are consistent with her widely-reported morosity at an Election Night watch party, when she proclaimed news of Democratic candidate Al Gore’s apparent victory “terrible” and left the room. 

Back in those days it was chain emails, right wing magazines and newspapers that spread this drivel. It’s always been there.

Yes, Supreme Court justices are human. They are also supposed to STFU about their partisan political leanings. But they don’t. O’Connor should have recused herself from Bush v Gore but she didn’t. And none of the current court will recuse if they are asked to weigh in on similar cases in the future. The judiciary is a political branch, just like the other two.

Why don’t Republicans care about democracy?

It isn’t working for them

Greg Sargent on the Luttig testimony:

At the close of Thursday’s Jan. 6 select committee hearing, J. Michael Luttig, a former federal judge widely respected by conservatives, issued a long-term warning. Trump and his allies pose a “clear and present danger to American democracy,” Luttig said, who pledge to “succeed in 2024 where they failed in 2020.”

“The former president and his allies,” Luttig continued, “are executing that blueprint for 2024 in open and plain view of the American public.”

This might seem like a narrow procedural prediction: If 2024 is super-close, they’ll attempt the same manipulation of our creaky electoral college machinery as last time. They might succeed. They’re putting those pieces in place right now.

That’s all true. But Luttig’s testimony, along with the shocking new revelations, point to something more fundamental at stake. These hearings are about what kind of long-term democratic future lies ahead: They represent an effort to minimize the possibility that we’re sliding headlong into a protracted era of chronic instability and rising political violence.

If you doubt this, please note: The foreboding expressed by Luttig and others is shared by experts who study democratic breakdown. When Luttig says we’re at a “perilous crossroads,” and says only Republicans can “bring an end” to the threat, he’s not alone.

Two of those experts, Steven Levitsky and Lucan Way, professors of government and politics, recently argued that we’re heading into a “coming age of instability.” This is not a claim of pending “civil war.” It’s more subtle: a future of smoldering conflict akin to “the Troubles” in Ireland.

“Such a scenario would be marked by frequent constitutional crises, including contested or stolen elections,” they wrote, predicting our elections might devolve into periodic referendums on whether the United States will be “democratic or authoritarian.”

This portends “heightened political violence,” they suggested, including assassinations, bombings and violent confrontations in the streets, “often tolerated and even incited by politicians.”

How GOP leaders respond to the moment will help determine whether that happens, the scholars noted. It bodes badly that GOP leaders rejected a bipartisan Jan. 6 accounting and have “refused to unambiguously reject violence.”

Whether those scholars are right remains to be seen. But the most recent developments are not encouraging.

We’re now learning that Trump and his co-conspirators corruptly pressured many government actors to steal an election he knew he lost. That he knew the scheme was illegal. That he weaponized a mob to chase his vice president through the Capitol, resulting in horrifying political violence, destruction and death.

It’s easy to get seduced by the vivid, damning nature of these revelations. Now that they’re exploding in our faces, surely some sort of accountability awaits the coup plotters. Surely Republican elites will quietly reckon with the truth about Jan. 6 and renounce Trump as fundamentally unacceptable in a party leader, even if they don’t say so loudly.

Look at those headlines. Big changes must be coming, right?

Maybe. But in the background, scores and scores of GOP candidates across the country remain fully committed to the notion that the underlying mission of the coup plotters and Jan. 6 rioters was just. The revelations haven’t slowed their campaigns in the slightest.

The Jan. 6 committee will release a damning report this fall, and maybe we’ll see prosecutions. But here’s another possibility: No one is prosecuted, Republicans take Congress, Jan. 6 headlines fade, and after the noise dies down, many pro-coup Republicans are in positions of control over election machinery — and Trump or a designated successor is a favorite for the 2024 GOP nomination.

How many GOP leaders are calling on those candidates to renounce this permanent posture holding that future election losses will be subject to nullification? How many GOP leaders are condemning what we’re learning about Trump’s coup attempt?

It is precisely this fact, that few GOP leaders see a need to reorient the party away from these tendencies, that alarms experts in democratic breakdown. So I contacted Levitsky, one of the above article’s co-authors, to ask whether a forceful stand by GOP leaders against what we’re now learning might help alter the trajectory he fears.

“It would make all the difference in the world,” Levitsky told me. As he defined the problem, the GOP is highly competitive in national elections while simultaneously being “captured by authoritarian forces.”

If GOP leaders treated the Jan. 6 committee’s findings as revelatory and significant, Levitsky continued, it might steer us toward greater stability. This would prompt “institutional reform,” he said, and send a message to all levels of the party that “this is beyond the pale. We don’t do this in America.”

The alternative: GOP leaders don’t treat this as beyond the pale at all, but instead as containing the makings of a tolerable or even desirable future. This would impose a “great cost,” Levitsky said, because “many Americans will be left with a message of ambiguity.”

I contacted Luttig to ask: How important is it for GOP elites to renounce the pro-coup candidates in their midst, and flatly declare the new Trump revelations disqualifying in a party leader and 2024 nominee?

If they don’t, Luttig told me, he agrees America may be headed for a period of “protracted democratic instability.”

Alternative futures are possible. Democrats might rebound and win decisively in 2024. Or maybe Trump will retire to Mar-a-Lago, Republicans will cleanly win in 2024, and President Ron DeSantis will turn out to be more authoritarian bark than bite.

But one thing seems unavoidable: If GOP leaders were to treat these revelations with the urgency and seriousness they deserve, it would probably render the darker alternative a lot less likely.

Republicans benefit from what Trump did — and is doing. They know Trump is a liability. But if he can succeed in getting the election machinery in the country manipulated in their favor, he’s worth it to them. They are all in it together.

The Insurrection they planned for

Isn’t the insurrection they got

Over the many months of revelations about Donald Trump’s attempted coup, one lingering question has rarely been asked: What would have come next if Vice President Mike Pence had done what they asked?

A collective “Oh well, I guess Trump is president for another four years after all” from the country sounds unlikely, to say the least. And if the courts had become involved, it’s hard to imagine that Trump’s followers would have been any less angry than they already were. So, what was the plan?

Thursday’s January 6th Committee hearing finally addressed that question, at least obliquely, through testimony by Donald Trump’s staff and Mike Pence’s inner circle. The answer was not comforting.

This third hearing discussed the campaign to pressure Pence, then the vice president, into overturning the election — and what a campaign it was. The main player in this scheme was Republican lawyer John Eastman, who appears to have been a Trump true believer (as well as a highly credentialed, conservative, constitutional scholar) who offered his services to serve Trump’s pre-fabricated conspiracy theory that the election had been stolen. Trump was apparently pleased with his devotion to the Big Lie and Eastman quickly became the primary January 6th coup plotter.

The hearings showed that Eastman was relentless, throwing out one argument after another to get Pence to go along with the program. His and Trump’s entreaties were met with furious pushback from the White House counsel’s office and Pence’s own lawyers who argued that it was illegal, unconstitutional and wrong over and over again. Eastman was so obsessive about his crusade to overturn the election, however, that even after the insurrection on Jan. 6th he came back to one of the White House lawyers who said what is no doubt going to be one of the most famous quotes of this scandal: “I’m going to give you the best free legal advice you’re ever getting in your life. Get a great f-ing criminal defense lawyer. You’re going to need it.” A few days later Eastman emailed Trump’s other attorney Rudy Giuliani asking to be on the “pardon list.”

The pressure on Pence was immense. But on Jan. 6th, Pence refused to do his boss’s bidding even after Trump insulted him on the phone by calling him a “pussy.” Pence refused to leave the Capitol complex that day despite the danger presented by the mob Trump had incited. The hearing showed that at one point rioters were only 40 feet away and there is evidence some of the Proud Boys intended to kill Pence.

Stipulating that Pence did the right thing and showed courage on that day, the narrative set forth in the witness testimony that Pence was “steely and determined” from the beginning, telling Trump he didn’t have the authority to do what they were asking, is belied by the fact that Pence never said a word in public to that effect and sought the guidance of both legal and political advisers about what he should do. The New York Times reported on January 5th that he was still trying to find some middle ground, even suggesting that while he couldn’t overturn the election, he could make a statement supporting Trump’s contention that the election was fraudulent. Like so many others in Trump’s orbit, Pence could have taken action much earlier.

The second hearing earlier this week made the case that Trump knew the election was legitimate and lied about it anyway. The upshot of the third hearing was that Trump and his lawyers knew their plot to overturn the election was illegal and unconstitutional and pushed it anyway. It was an act of sheer partisan power, perfectly illustrated by this comment:

Eastman and Trump thought they could bully their way through and get their way. And the testimony strongly suggests that they were well prepared for, perhaps even anticipating, violence as a result of their actions. But it’s not clear at all that they anticipated their own supporters would storm the Capitol before the vote was even taken. They assumed there would be violence in the streets after Pence did their bidding.

Greg Jacob, a former advisor to Pence, relayed a conversation with Eastman in which the two discussed the possible reaction. Jacob said the whole gambit would be kicked out of court and Eastman claimed that the Supreme Court would invoke the “political question doctrine” and refuse to take the case. Jacob pointed out that that would lead to “an unprecedented constitutional jump ball situation with that stand off and as I expressed to him, that issue might well have to be decided in the streets.

Eric Hershmann, from the White House counsels office had a similar conversation with Eastman:

I said you’re going to turn around and tell 78-plus million people in this country that your theory is — this is how you’re going to invalidate their votes, because you think the election was stolen? And I said they’re not going to tolerate that. I said you’re going to cause riots in the streets. And he said words to the effect of there has been violence in the history of our country, Eric, to protect the democracy or protect the republic.

It is pretty clear that Eastman knew there was a good chance for serious bloodshed if Pence overturned the election. And I think it’s fair to say that Trump knew that too. In fact, he was probably welcoming it. It would give him the chance to do what he’d been wanting to do for ages: invoke the Insurrection Act.

Former acting Defense Secretary Chris Miller told Congress over a year ago that Trump had ordered him to have the National Guard ready to protect his supporters on January 6th. Chairman of the Joint Chiefs of Staff General Mark Milley and Defense Secretary Mark Esper both said Trump had to be talked out of using the Insurrection Act to put down the George Floyd protests and former Homeland Security official Miles Taylor tweeted that Trump “mused about invoking the Insurrection Act YEARS before Jan 6 — calling it a ‘magic power’ — in convos I witnessed & was briefed on.”

Taylor thinks Trump purposefully incited the mob of January 6th for that purpose but Thursday’s testimony is far more suggestive of a plan to invoke the act after Pence overturned the election, inciting expected street protests from the people whose votes had just been discarded and whose democracy had just been incinerated. This would have given Trump the excuse he needed to solidify his coup with a classic military intervention.

Trump and his henchmen may very well have known their actions would incite an insurrection. They just planned for a different one than they got. When the mob stormed the Capitol, Trump was left with the choice to call out the National Guard on his own supporters or let them try to overturn the election by force. We all know which path he chose to take. 

Salon