To say that we are a divided country down to our most fundamental beliefs is an understatement. Blue bubbles exist in a sea of red – the crimson color referring to people more well-grounded in our civilization’s norms of common sense. As the Left becomes more provocative, some on the right have responded in kind, almost to the point of laying themselves open to demagogues. For me, the repulsiveness of the Left is not an excuse to hitch my “wagon” to a narcissistic and hubristic “horse”, giving a special meaning to a horse’s a**.
Trump’s comments at a January 29 rally in Texas brings me to this point. He’s still peddling the line that he’s a victim of a cabal depriving him of an election that he constantly professes to have won. He goes as far to say that Vice President Pence had the power to throw out the electors of selected states to give the election back to him. He yelped, “Unfortunately, he [Pence] didn’t exercise that power, he could have overturned the Election!” That’s poppycock.
Why poppycock? There’s nothing in law or legal scholarship to support such a claim. Law professor and Trump lawyer John Eastman tried to establish the assertion but on later clarification said that he raised the theory for internal discussions only and called the idea “crazy” and not “viable”.
When it comes down to it, the silliness lies in a logical fallacy and affront to long-established principles of law that are written down in the Federal Rules of Evidence. Eastman’s theory (for “internal discussions” only) is based on proposals to reform the aged Electoral Count Act of 1887. Suggestions by some of Trump’s critics in the Congressional debate to clarify the vice president’s role in the law are assumed by Trump to be evidence that Pence had the power. It’s a real head-scratcher. As legal counsel, you couldn’t get this line of argument past a judge in a trial. If you persisted, you might be spending a night or two in the hoosegow.
And this is the thin reed that Trump uses to lambast Pence. This doesn’t mean that we should ever again conduct elections like we did in 2020. The panic of COVID was used to conduct a host of dubious election ploys: shot-gunning ballots through the mail, legalizing previously illegal practices like ballot harvesting, fungible ballot verification procedures, the repeal of the precinct system in anywhere-voting, unsupervised drop boxes, voting deadlines that varied with the conscience of a judge, etc. But that’s how some states decided to conduct their elections, something that’ll be hard to overturn in a federal court.
Shame on states for allowing this to happen. Shame on the hubristic and narcissistic Trump for peddling lies to his followers. Shame on his followers for allowing themselves to be manipulated so Trump can avoid the moniker of “loser”. The country deserves better.
RogerG
*Thanks to the work of Andrew C. McCarthy and Philip Klein in National Review Online.