High up on my to-do list for saving democracy is to get involved with local politics including school boards.

The way to save democracy is with more democracy, including more civic engagement.

It's a lot of work.

Need ideas? See my to-do list:
terikanefield.com/things-to-do/
People have the idea that indictments of political figures will save democracy.

I've written about what's wrong with that idea. See, for example⤵️ (there is a transcript on my blog).

The idea that there is a magic bullet is also sort of lazy.
I live in a blue town in a blue state (in a sea of pink). The right-wing is very energetically vying for control over the local school board and local government.

Meanwhile, other people have the idea that if Trump gets indicted the right-wing will crumble . . . so they wait.
If you can run for local office, do it.
If you can't, figure out who the pro-democracy candidates are and offer what help you can.

Screaming about how time is running out because the election is around the corner so the DOJ has to move faster is not going to help.
. . . because indictments will not save democracy.

More democracy (or what @BarackObama calls citizenship) will save democracy.

I often say democracy will survive IF enough people want it to and are willing to do the work.

People hear that and think I'm optimistic.

But the word "if" is doing a lot of work in that sentence.

Much of what I see on left-leaning Twitter has me worried because of that "if."
Remember when we learned that Steve Bannon was pushing for Trumpsters to get onto election boards and Left Twitter had a meltdown?

I was thinking yeah, that's why GOOD people need to run.

Get involved with local elections has always been on my list.

terikanefield.com/things-to-do/
The right-wing radicals are motivated enough to do the hard work.

Are the supporters of democracy equally motivated?

That's the question.

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More from @Teri_Kanefield

Jan 16,
This is where I trip up.

Nobody really thought that those forged electoral certificates would have "fooled" anyone at the National Archives.

Suppose Pence had declared Trump the winner, what then?

Would a few hundred million Americas just say, okay cool?

1/
But how would that work? Who would make up the two armies?

One side would be the Proud Boys, Oath Keepers, and other white power militia groups.

They couldn't win unless the US military joined them, so really, it would be a military coup.



2/
But under the insurrection act, the military would still have to be willing to keep Trump in power beyond January 20, the date, under the constitution, his presidency ends . . .

. . . which would make it a military coup.

3/
Read 22 tweets
Jan 14,
There's a defense called the “public authority” defense.

The defense would argue that Trump gave them permission to do what they did and they reasonably relied on his authority as president.

The defining case is United States v. Tallmadge.

1/
Of course, this gets Trump into big trouble.

It also doesn't let these guys off the hook but depending on the circumstances, a defense like this one can mitigate or even eliminate their culpability or lessen their punishment.

2/
Mark @reichellaw and I wrote about this for the Washington Post. washingtonpost.com/outlook/2021/0………

Will it work?

Unlikely with not with these guys and these facts, but that doesn't mean they won't try.

I'd be surprised if we don't see this defense at some point.

3/
Read 6 tweets
Jan 13,
Here's seditious conspiracy: law.cornell.edu/uscode/text/18…

🔹Two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States,

🔹Conspire to overthrow, put down, or to destroy by force the Government of the United States (OR levy war)
🔹OR to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof.
Treason is almost impossible to charge. It's defined in the Constitution as ⤵️ and the Supreme Court has said that the "enemy" must be a country in which we are at open war--meaning a war declared by Congress.
Read 17 tweets
Jan 13,
"Working relationship" means "repeat his lies."

That's Trump's role. He signals the lies and the entire right-wing falls in line.

The latest lie is that the J6 committee is illegitimate.

Now Kevin McCarthy is repeating that lie, even though he knows it's a lie.

1/
In his executive privilege lawsuit, made the [bogus] argument that the J6 committee is illegitimate.

It doesn't matter that the lie lost in court: Trump succeeded in signaled the lie.

Now Kevin McCarthy is repeating the lie.

2/

Now we the argument that the committee is illegitimate repeated in all the challenges to the J6 subpoenas and other lawsuits.

In his testimony before Congress and his book, @MichaelCohen212 explained how Trump signals the lie people are supposed to tell.

3/
Read 17 tweets
Jan 11,
Check this out.

#1: "Criminal investigators" in Georgia were "working to build a line of communication with congressional investigators."
cnn.com/2021/09/17/pol…

#2 is from the select committee website.
january6th.house.gov/about

1/
I read these as saying that the select committee is working with anyone else investigating the January 6 attack so that the work can build on one another to avoid duplication of effort.

2/
DOJ lawyers represented the National Archives in Trump's executive privilege lawsuilt, arguing alongside the select committee lawyers.

See where I am going with this?

Yes, it's 3 separate investigations.
But they're coordinating to avoid duplication of effort.

3/
Read 4 tweets
Jan 10,
My latest for The Washington Post:

Perspective | The First Amendment may not help Jan. 6 defendants as much as they think it will.

Garland’s speech last week contained a warning that prosecutors will parry free-speech arguments.
washingtonpost.com/outlook/2022/0…
1/
Garland told his audience that he has his sights on all the perpetrators.

He also (interestingly) launched into a discussion about the First Amendment.

We've seen the First Amendment defense repeatedly from those fighting subpoenas or dealing with indictments.

2/
When Trump faced trial in the Senate after his second impeachment for inciting a riot, he used a First Amendment Defense.

Giuliani used a First Amendment defense against Swalwall's lawsuit accusing him of (among other things) inciting a riot.)

3/
Read 23 tweets

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