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/
Right, but think about how big this country is and how many people would be in the streets if the military kept Trump in power after January 21.

Think how many military officers would have to be willing to shoot American civilians . . .

4/

This was a complex, far-reaching conspiracy to overturn the United States government instigated by the highest levels in the White House and joined by members of Congress.

It was dangerous and unhinged.

It could have created major chaos and turmoil and bloodshed.

5/
Trump was trying anything and everything to stay in power: Spreading lies, challenging results, trying to intimidate Congress through force.

It's staggering that an American president actually attempted it and managed to incite an actual attack on Congress.

6/
The idea that the Supreme Court would have kept Trump in power after January 20 was similarly deluded.

Under the Constitution, Trump's term ended on January 20. IF the outcome of the election was uncertain, the interim president would be Nancy Pelosi.

7/
People say we came "close" to the Trump coup succeeding.

I guess that depends on how you define "succeed."

If succeed means "stay in power after January 20," I'm not seeing that.

If succeed means creating maximum carnage and chaos, there certainly could have been more.

8/
I think Trump is deluded enough so that his actual goal was to remain in power.

I also think the long-term danger is that Trump has now taught right-wing radicals how to undermine democracy.

(In the first tweet, I meant Americans, not Americas)



9/
I agree that the question really is how much chaos and bloodshed would have been generated before Trump was removed from the White House.

What makes Trump dangerous is precisely the fact that he doesn't care how many people die horrible deaths.



10/
There were a lot of moving parts, but each part was delusional.

The Rhodes et al indictment for seditious conspiracy indicates that these guys truly thought they'd overthrow the US government with about $15K worth of guns and ammo.

11/
In this piece, I concluded that the plan in the Eastman memo would never have worked.

Even if Pence had agreed to go along with this scheme — which he didn’t — the plan would have gone off the rails because there were no "alternate" electors.

washingtonpost.com/outlook/2021/0…

12/
People are suggesting that the goal under the Eastman plan ⤵️was to throw the vote to the state delegates, where Republican delegations outnumber Democratic -- so Trump wins.

That doesn't work because the conditions for throwing the vote to the states were not met.

13/
That's why I say that if Pence had tried, Congress would have erupted in chaos.

In other words, the idea that the members of Congress would go off and meeekly vote as if there were actually competing electors is absurd.

There would have been mass chaos but no voting.

14/
The idea that the Supreme Court would step in and overturn an election that wasn't even close is also absurd.

If the Courts wanted to hand Trump the election, they had their chance with the "fraud" lawsuits, which they rejected.

They just weren't going to do it.

15/
Ha! Well, I don't know much about military strategy, but the plan outlined in the sedition conspiracy indictment was pretty ridiculous. They could have done a lot of damage . . . but overthrow the US government?

One of those guys has a Yale law degree.
I argued that to work, the military would have had to intervene on Trump's behalf.

There is another way it could have worked: If enough Americans went along with the charade, including Nancy Pelosi and the other members of Congress, officials at the National Archives . . .
. . . and most journalists. Almost everyone would have had to smack their foreheads and say, "Pence is right! We do have alternate electors! These states ARE in dispute."

Members of Congress would have had to say, "Well because Pence is right, we'd better go vote."
After all, isn't this what Trump does?

He signals the lie that everyone is supposed to tell, and everyone is supposed to fall in line with his made-up version of reality.

I talked about that here:
Whether Trump really is deluded enough to think that would have happened, I leave to the psychologists.

But I don't believe there would be a massive forehead slap across the country: "Those alternate electors even have certificates! I guess the election is in dispute after all!"
Right. That was the plan.

Having a plan doesn't mean it would have worked. SCOTUS wasn't going to make Trump a dictator.

It was dangerous and unhinged and scary. But it would have failed. The question was: how much chaos and carnage before the failure?
And keeping Trump in power past January 20, the date under the Constitution that his term ended, would have made him a dictator. Nothing at that point would have stopped him.

The Supreme Court knows that. The Courts rejected the "fraud" lawsuits. They weren't going along.
I come to the same conclusion.

Someone else suggested that he was so disgruntled by the idea of being a "loser" he was willing to burn it all down.

It was unhinged and dangerous and could have been much bloodier, but he wouldn't have stayed in office.
Someone asked, "What if the pressure calls to the states worked?"

Remember, the election didn't come down to a single state and a few hundred votes. A number of states would have had to say, "Look at that! We found more votes!"

The courts and everyone would have to go along.
Remember, this was AFTER all of those recounts and after the courts rejected the election fraud cases.

Pelosi, across the country: "Well, dang! Look at that. Republicans in 7 states said they found new votes so the courts and election totals were all wrong!"
I'm not saying it wasn't dangerous and unhinged and deluded. A lot more people could have died. There could have been massive carnage.

But without military intervention, Biden would be the next president.
This, also.

Congress, "Look at that! Those 7 states found new votes for Trump, but we were al fairly elected."

Courts, Pelosi, Americans, "Well, what do you know? I guess Trump won. We'd better prepare for his inauguration."

I combined this thread with the previous thread I did analyzing the seditious conspiracy indictment into a blog post, here: terikanefield.com/seditious-cons…
People saying "nobody would be in the streets" were not paying attention to the George Floyd protests.

The 2020 election also doesn't compare to 2000. This time the counting was completed and courts said no fraud.

Plus, this election wasn't close.
Because of what this Supreme Court has done, I have confidence that it would not go along with a charade to overturn an election and create a dictator, which is what would happen if Trump was kept in office after Jan. 20.

Trump lost in court on the election fraud cases . . .
. . .if the courts wanted to hand Trump the election, that was the way to do it.

This court held that the president doesn't have "absolute immunity."

I don't believe 5 justices would agree that Pence has the power to pick the next president or would uphold forged certificates.
5 justices would have to agree to render themselves completely powerless, which would be what would happen if Trump remained in office.

Right now, they have a lot of power.

If Trump was a dictator, they would be in constant danger. Even a cynic would agree they won't do that.
The last few tweets were a response to this:

(I meant to include it. I flunk cut and paste)

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More from @Teri_Kanefield

Jan 18,
But . . but . . . I was absolutely assured that the DOJ is not investigating Trump.

My position has been: I'll take Merrick Garland at his word because I have no reason not to, and Garland said the DOJ is working its way up and following the facts.

s3.documentcloud.org/documents/2118… Image
There is no ticking clock. That's an invented thing.

There is nothing for me to be "right" about.

I promise no results.

I'm simply repeating what Garland said because I have no reason to think he's lying or conducting this investigation incompetently. Image
Read 4 tweets
Jan 15,
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.
Read 8 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

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