Glenn Kirschner – Steve Bannon Headed for Prosecution for Criminal Contempt. Here’s What Congress Should Tackle Next.
Meidas Touch – Ivermectin-pushing doctor cited by far right EXPOSED as a fraud
The Lincoln Project – Dragon of Budapest
MSNBC – Rep. Raskin: ‘Steve Bannon Committed A Crime Today’
Ring of Fire – Lauren Boebert Ripped To Shreds Over Misspelled ‘Imeach Biden’ Effort
Police Scotland – “Don’t be That Guy”
Most guys don’t look in the mirror & see a problem. But it’s staring us in the face. Sexual violence begins long before you think it does. #DontBeThatGuypic.twitter.com/78B05S5lRk
Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”
As I’ve been saying, I have a number of articles saved regarding how white supremacy thinks, when it increases, how it expresses itself, and so on – and especially, what to do about it. I hope to get to all of them eventually. This is not one of them – but it is about accountability, which, like democracy, is not threatened.
The United States is not the first nation to have established an impeachment process. Neither are we the first nation to learn that, as a process to achieve accountability – well, let’s just say it is far from perfect. Here’s a little history so that we can consider similarities and differences.
================================================================
Why the British abandoned impeachment – and what the US Congress might do next
Impeachment was developed in medieval England as a way to discipline the king’s ministers and other high officials. The framers of the U.S. Constitution took that idea and applied it to presidents, judges and other federal leaders.
That tool was in use, and in question, during the second impeachment trial of Donald Trump. Republicans raised questions about both the constitutionality and the overall purpose of impeachment proceedings against a person who no longer holds office.
An impeachment case that was active in Britain while the framers were writing the Constitution in Philadelphia helped inform the new American government structure. But the outcome of that case – and that of another impeachment trial a decade later – signaled the end of impeachment’s usefulness in Britain, though the British system of government offered another way to hold officials accountable.
A century later, impeachment no longer carried a risk of execution, but in 1786 the House of Commons launched what would become the most famous – and longest – impeachment trial in British history.
The lower house of Parliament, the House of Commons, impeached Warren Hastings, who had retired as governor-general of British India and was back in England, for corruption and mismanagement. That action provides a direct answer to one current legal question: The charges were based on what Hastings had done in India, making clear that a former official could be impeached and tried, even though he was no longer in office.
Future U.S. president John Adams, who was in London at the time, predicted in a letter to fellow founder John Jay that although Hastings deserved to be convicted, the proceedings would likely end with his acquittal. Nevertheless, Adams and Jay were among those who supported the new U.S. Constitution, whose drafters in 1787 included impeachment, even though that method of accountability was close to disappearing from Britain.
Nearing the end of its usefulness
The trial of Hastings, in Parliament’s upper house, the House of Lords, didn’t actually begin until 1788, and took seven years to conclude. The prosecution included Edmund Burke, one of the most gifted orators of the age. Eventually, though, the House of Lords proved Adams right, acquitting Hastings in 1795.
This stunning loss could have been the death knell for impeachment in Great Britain, but Hastings was not the last British political figure to be impeached. That dubious honor goes to Henry Dundas, Lord Melville, Scottish first lord of the admiralty, who was charged in 1806 with misappropriating public money. Dundas was widely assumed to be guilty, but, as with Hastings, the House of Lords voted to acquit.
These examples showed that impeachment, even when the accused government official had done the things that he was accused of doing, was a blunt, cumbersome weapon. With both Hastings and Dundas, the House of Commons was willing to act, but the House of Lords – which was (and is) not an elected body and therefore less responsive to popular opinion – refused to go along. As a tool for checking the actions of ministers and other political appointees, impeachment no longer worked, and it fell out of use.
A new method of accountability
The decline of impeachment in Britain coincided with the rise of another, more effective process by which high officials there could be held accountable.
If a prime minister receives a vote of no confidence, there is an alternative to resignation: call an election for a new Parliament, which is what Callaghan did, and let the people decide whether the current government gets to stay or has to go. If the prime minister’s party loses, he or she is generally out, and the leader of the party with the new majority takes over. In 1979, the defeat of Callaghan and the Labour Party paved the way for the Conservative government of Margaret Thatcher, Britain’s first female prime minister.
This provides an immediate course of action for those who oppose a British government for any reason, including allegations of official wrongdoing, and delivers a rapid decision.
In the United States, by contrast, a president can be accused of corruption or even sedition but face no real consequences, so long as one more than a third of the Senate declines to convict.
If impeachment is rendered useless in the U.S., as it was in Britain two centuries ago, the Constitution does offer another remedy: Section 3 of the 14th Amendment.
Originally intended to prevent former Confederates from returning to power after the Civil War, Section 3 bars people who have “engaged in insurrection or rebellion” against the U.S. from serving in state or federal governments, including in Congress or as president or vice president.
The language in the amendment could justify barring Trump from future office – and the resolution to do so may require only a majority vote in both houses of Congress, though enforcement would likely also need a ruling from a judge.
================================================================ Alecto, Megaera, and Tisiphone, I don’t think it requires a whole lot of logic, or imagination, to see that instituting the option of a vote of no confidence (or the equivalent) would not work well here. I think the most obvious reason is that, in those nations which use it, there are at least three active political parties, so that it is impossible to govern without forming some kind of coalition with someone. Here, a vote of no confidence would be essentially the same as a recall election. And, if you have ever lived through one of those, you know how dangerous those can be. And particularly with no consistent media delivering facts.
Further, a vote of no confidence, like impeachment, is a political tool. What we need today (and would have benefitted from having for the last four years) is a legal tool. The decision that no sitting president can be prosecuted for crimes is based on one legal opinion almost fifty years old. Some of us thought it wrong at the time. Many thought it wrong during the events of the last four years. Yet it is held as sacrosanct.
I am not a lawyer nor a legislator myself. But might Congress not consider writing and passing a law along the lines that no one in the Federal Government, elected or appointed, can be considered immune from prosecution for any Federal crime, or any State crime committed under that State’s jurisdiction, even while in office? Because that’s what we have needed, and I guarantee we will need it again. (Actually, we need it already. I’m confident Nameless will concur and have a suggestion.)
I try not to do 2 by Beau on the same day – but this one is different – it’s on how to stay warm with no power with a minimum of danger (at least the first part is) and it needs to be shared.
Just so you know, in case you missed it, the Lincoln Project is having some issues (apparently one of their members turned out to be a little too Republican – Steve Schmidt has left them over it.) So nothing new from them today – and it may be a while, if ever.
Meidas Touch – What is really frustrating to me is the number of (very vocal) people on our side who have no idea what just happened.
Now This News – It’s probably more important to remember the ones who voted to acquit … but this list is so much shorter.
The Damage Report – Nikki Haley
The Alt-Right Playbook – There’s Always a Bigger Fish
Founders Sing – Not a song, but they’re not asking for money – and they’re looking at us.
John Pavlovitz is starting a new, free video course on life skills – this is the trailer, so to speak. For more info, click on the YouTube icon in the far right of the bottom controls line.
John Fugelsang does his impression of Jerry Falwell Jr.
The real story on why the dodo is extinct (spoiler: it’s still our fault)
Nancy’s remarks on MCConnell. She is REALLY angry. This is the nearest I have evre heard her to incoherent (not that it’s very near, but less organized than usual.)
Parody Project – As a big fan of Gilbert and Sullivan, I really love this one. (TC, close your eyes and pretend the picture’s a dog.)
This should help to rehabilitate cats’ image from the parody.
Beau – This has kind of gotten lost in the trial news, but if it should happen, it could be good for us.
Keith from yesterday – I love Keith, but he is not being realistic about this.
Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”
As I’ve been saying, I have a number of articles saved regarding how white supremacy thinks, when it increases, how it expresses itself, and so on – and especially, what to do about it. I hope to get to all of them eventually. This would appear to be the right time for this one.
I’m not sure I would have used the word “arcane” myself – it just hasn’t been looked at or thought much about once it was applied to former Confederates and the last of them died. But it’s a provision which certainly was necessary for Reconstruction to happen – and I’m far from the only one to point out that Reconstruction never fully happened. It was never fully implemented. And it is way past time for that to be done. The measure suggested in this article might not fully implement it, certainly, but at least it would help and not impede our progress.
================================================================
Congress could use an arcane section of the 14th Amendment to hold Trump accountable for Capitol attack
Until recently, Section 3 of the 14th Amendment was an obscure part of the U.S. Constitution.
The amendment is better known for its first section, which guaranteed individual rights and equality following the abolition of slavery. Section 3 of the 14th Amendment was created to tackle a different problem related to the Civil War: insurrection.
It prohibits current or former military officers, along with many current and former federal and state public officials, from serving in a variety of government offices if they “shall have engaged in insurrection or rebellion” against the United States Constitution.
Now, this provision is cited in the article of impeachment against former U.S. President Donald Trump, introduced after the insurrectionist violence at the Capitol on Jan. 6, 2021. An impeachment trial is began in the Senate on Feb. 9. If Trump is acquitted, some senators have reportedly considered a resolution invoking Section 3 of the 14th amendment in an effort to bar him from holding future office.
A Reconstruction-era amendment
Right after the passage of the 14th Amendment in 1868, Section 3 was enforced vigorously.
For example, Congress directed the Union Army to oust any former Confederate officials then holding office in the ex-Confederate states still under martial law. It is estimated that tens of thousands of men were made ineligible to serve by Section 3.
Congress then enacted legislation as part of the First Ku Klux Klan Act in 1870 giving the Justice Department authority to bring lawsuits in federal court to enforce Section 3 against former Confederate officials still holding office in other states.
Three justices on Tennessee’s Supreme Court were sued under this law. One resigned; the other two contested their ineligibility in court. North Carolina and Louisiana also enforced Section 3 in court upholding in 1869 the dismissal of some state officials who had served the Confederacy, including a sheriff, a constable and a district attorney.
In 1871, after the North Carolina Legislature elected their Civil War-era governor, Zebulon Vance, to the Senate, the Senate deemed him ineligible to serve under Section 3. The state legislature was forced to choose someone else.
Unity versus accountability
Less than five years into Reconstruction, however, many Northerners began calling on Congress to grant amnesty to Southern officers barred from office by Section 3. The 14th Amendment gives Congress the power to restore the right to hold office with a two-thirds vote in each chamber.
This campaign, led by the prominent New York newspaper editor Horace Greeley, reflected white fatigue with the burdens of enforcing the entire 14th Amendment and a desire to move past the bitterness of the Civil War. Greeley and his “Liberal Republicans” mounted a presidential campaign in 1872 based in part on a platform of “universal amnesty.”
Soon Southern voters sent many previously disqualified men back to Congress, including Alexander Stephens, the former Confederate vice president.
Confederate president Jefferson Davis and a few hundred other former federal officials and military officers remained excluded from public office.
In granting this amnesty, Congress rejected a proposal by Massachusetts Sen. Charles Sumner, an eloquent advocate for racial equality, to couple forgiveness for white Southerners with a new civil rights law that would, among other things, have barred racial discrimination in schools.
In 1898, with the Spanish-American War about to begin, Congress removed Section 3 ineligibility from all living ex-rebels. It was widely seen as another gesture of national unity, but it was another nail in the coffin of Reconstruction.
In the 1970s, Congress gave Robert E. Lee and Jefferson Davis posthumous Section 3 amnesty. This was again done in the name of national “reconciliation,” after the divisive Vietnam War.
Today Section 3, created to vanquish white supremacy, is seeing a revival. The Confederate flag, which never entered the Capitol during the Civil War, was carried inside during the Jan. 6 Capitol insurrection.
Any congressional members determined to have “engaged in insurrection” may be expelled under this provision by a two-thirds vote in their house of Congress. That includes, potentially, lawmakers who are found to have directly aided or incited the rioters. Capitol police are investigating several Republican congressional representatives for allegedly leading “reconaissance” tours of the building on Jan. 5.
Though lawmakers can remove their colleagues from office, they cannot legally keep those members from running for, and occupying, public office again. That’s because there is today no federal statute enforcing Section 3; those parts of the Ku Klux Klan Act were repealed long ago. Unless Congress passes a new enforcement law, any expelled lawmakers could return later.
Similarly, Congress could at any time use Section 3 to declare its constitutional opinion that Trump is ineligible to hold public office again, with a majority vote. But only the courts, interpreting Section 3 for themselves, can bar someone from running for president.
The issue may never come up. The Senate may disqualify Trump first, as part of impeachment, or he may choose not to run again. If he does run, though, he may have to take his case to the Supreme Court. A bipartisan congressional opinion of ineligibility would be a big blow to his candidacy.
This article, originally published Jan. 29, 2021, has been updated to reflect latest developments.
================================================================ Alecto, Megaera, and Tisiphone, as I type, I’m not hoping for conviction, but I am still hoping for disqualification to be voted on (and confident it will succeed if it is.) By the time this is up, it will probably be over, and I may already be disappointed. but, if so, there is always the 14th Amendment to fall back on. And this procedure would require only a simple majority in both houses.
There are so many awful Senators getting so much attention, it’s too easy to overlook the real heroes there ( especially if they aren’t our own)
Aaron Rupar tweet – This is from a long thread. I finally figured out how to embed just part of it, but it’s still more than I wanted. I was trying for just the second one. (They do have CC, though.) Statehood for USVI! Stacey Plaskett for Senator!
Plaskett: “The defense counsels could put a lot of videos out in their defense, playing clip after clip of black women talking about fighting for a cause or an issue or a policy. It was not lost on me that so many of them were people of color and women.” pic.twitter.com/YgmEZbBnKz
Such a nice tweet – three things – Dr. Jill’s Valentine display – two wonderful woozles – and Joe’s thoughtfulness (even as he berates himself for being slow.) No CC – but the discussion is about their getting Major at least in part to keep Champ exercising. Then a reporter (I think) says “If you come back next Friday I’ll bring the donuts,” and then President Biden goes over to her to share the warm coffee on this cold day.
Instead of yelling ‘fake news’ at them, or calling them the ‘enemy of the people’, President Biden gives a reporter his cup of coffee on a cold DC morning. pic.twitter.com/wZM5j82dto