1/There's a story about Ben Franklin emerging from the Constitutional Convention & telling a woman who asked what type of government they’d created, “a Republic, if you can keep it.” The 2024 election is the moment where we find out if we can.
2/If Trump wins in 2024, we lose the Republic. That’s not drama, and that’s not overstatement. That’s what Trump is promising. It's what he's been working on since at least October of 2020. Read the full explanation here: joycevance.substack.com/p/frogs-boiled…
3/On Sunday @washingtonpost reported onTrump’s plans for a 2nd term. It’s not the first time there has been reporting on Trump’s plans for 2025 if he wins a second term, but this article goes the furthest in laying out Trump’s plans in clear reporting. It starts like this:
@washingtonpost 4/It sounds positively Stalinist. most frightening thing about this, to my mind, is that it’s not new. People simply aren’t paying attention. In Oct 2020, before the last election, Trump was already taking steps in this direction. trumpwhitehouse.archives.gov/presidential-a…
@washingtonpost 5/Trump signed an executive order making a change in civil service rules that made it possible to fire employees in policy positions “at will”—for no reason at all. It was too far in the weeds to resonate with folks, when everyone was focused on the upcoming election.
@washingtonpost 6/The order undid the pesky civil service protections that made it impossible to fire FBI agents who were investigating Trump or government lawyers who insisted he play be the rules. It was a harbinger of Trump’s plans for 2025. One of Biden's 1st steps was rescinding it.
@washingtonpost 7/By summer of 2022, there was reporting top Trump allies were working on plans to radically reshape the executive branch of the federal government if Trump won in 2024. They were preparing to purge career federal civil servants and lining up Trump loyalists to replace them.
8/The Washington Post story goes far beyond that, detailing Trump's plan. You should read the whole story. Gift link: washingtonpost.com/politics/2023/…
9/Also mentioned, a plan for putting down any protests against Trump using the military. It’s the stuff of banana republics. It’s a menu for the end of democracy.
10/Trump’s campaign spokesman declined to respond to the Post’s story, saying only, “President Trump is focused on crushing his opponents in the primary election and then going on to beat Crooked Joe Biden,” and “President Trump has always stood for law and order, and protecting the Constitution.” It reminds me of what we’ve learned this week in New York Judge Arthur Engoron’s courtroom: if a witness refuses to answer a direct question, the judge is entitled to draw a negative inference from that failure and reach the conclusion the witness isn’t answering because the answer would be damaging to him.
11/Donald Trump plainly wants to end democracy. That’s not being alarmist, it’s just the truth. as we head into the election, I hope you'll sign up for my Newsletter, Civil Discourse. Let's work together to keep the Republic: joycevance.substack.com/p/frogs-boiled…
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1/Trump's nominations of Gabbard & Gaetz are designed to provoke outrage. But they’re also a test for the Senate. A test of whether the Senate will be loyal to the Constitution or whether it will bend the knee to Donald Trump. joycevance.substack.com/p/will-the-sen…
2/Alabama Senator “Coach” Tuberville said Trump was elected by an “enormous vote” (he wasn’t) & “deserves” the team” he wants. But that’s not how it works. Tuberville, doesn’t understand how the Constitution works. Presidents must have the advice & consent of the Senate.
3/Under the Constitution, presidents must have “the Advice & Consent of the Senate,” for appointment of cabinet secretaries & other senior executive branch officials. Article II, Section 2, Clause 2 of the Constitution provides that:
1/ This morning I wrote about the GOP in Georgia trying to stop people from turning in absentee ballots in person over the weekend. But they lost --the law they used is about drop boxes & early voting, not absentee ballots. Embarassing. joycevance.substack.com/p/smells-like-…
2/Instead of taking the loss after the Judge patiently walked them through their error they turned around & refiled in federal court.
3/ Georgia's GOP Secy of State agreed it was fine to keep offices open so people could hand in their absentee ballots instead of mailing them--Georgia only counts ballots if they're received by the time the polls close. So it makes sense to turn them in. Unless you're the GOP.
1/When Trump asked Judge Chutkan to delay the release of the appendix to the Special Counsel's immunity filing, he claimed it was necessary because Jack Smith is "cherry-picking" the evidence. It sounds like there's something Trump doesn't want made public. But today it will be.
2/Trump called that election interference. Judge Chutkan rejected that argument: "If the court withheld information that the public otherwise had a right to access...that withholding could itself constitute—or appear to be—election interference."
3/In criminal cases, the Judge explained, "There is an 'important presumption' that the public should have access to 'all facets of criminal proceedings' under the 1st Amendment. Trump failed to convince her that presumption shouldn't apply here. He just wanted special treatment.
1/ Yesterday was an important day in election litigation. Let's catch up: First, in Adams v. Fulton County Judge McBurney held: “some things an election superintendent must do...with no discretion to do otherwise. Certification is one of those things.” This is a big deal.
2/ Why? Because one of the fears in the wake of strengthening the Electoral College Act to make another 1–6 less possible is that those efforts will happen at the state & county level where MAGA officials could refuse to certify. If that happens, the solution is going to court.
3/And now there's a Georgia opinion that says, at least in that state, courts should order those officials to perform the purely ministerial duty of certifying the vote. Yes, there will be an appeal, but this is a big victory for people who believe our votes should count.
1/There is more to this election than the most recent poll: Last week the FBI arrested an ISIS linked terrorist as he bought weapons & ammo from someone he didn't know was with law enforcement to carry out a violent election day attack. But this story has barely been covered.
2/The threat from white supremacist groups also has not disappeared. DOJ has taken extraordinary steps to coordinate with state & local law enforcement to minimize the threat. But you may not have heard a lot about the election threat task force, either. justice.gov/voting/electio…
3/Meanwhile, Trump is spewing lies about migrants, claiming they're voting & taking American jobs—demonstrably untrue. & Gen'l Flynn, Trump's advisor (after a pardon kept him out of prison), won't rule out executing people to clear "the swamp." More here: open.substack.com/pub/joycevance…
Memories are short. But I went back thru old tweets to see just how strong the protest against a hush-and-hurry-up confirmation proceeding for now-Justice Kavanaugh was after allegations of sexual assault, which he denied, surfaced.