You gotta have judges in order to enforce such a case. The supreme court is not going to hold them accountable. Maybe some lower courts, but that can be overturned.
I keep thinking that this will play out in the state of each of these congressional seats when the incumbent refuses to accept the outcome. Can’t the people of states remove or recall that incumbent as soon as Jan 3?
You can't use the institutions of this country against a group of people who don't respect it, or feel threatened by it. What scares the shit out of me is I believe the MAGAT’s will try something like that, and the rule of law won't protect us, the end of a riffle barrel will be the only option. Either that, or give this country away forever.
There is a legal concept called "res ipsa loquitur"- meaning 'the thing speaks for itself'.
It was first invoked when a bag of grain fell out of a warehouse window, injuring a man below. The owner tried to argue that, since the injured man couldn't prove somebody in the warehouse acted negligently, the warehouse had no liability.
The judge disagreed, saying bags of grain don't just fall out of windows by themselves. There had to be a negligent act for that to happen.
I think the same principle applies here: Senators and members of Congress would be routinely seated, unless someone is acting illegally.
Therefore someone did, and the even older principle of "Cui bono?" identifies the Republican officials as the criminals.
(English "to whom is it a benefit?", Crimes are usually committed to benefit the criminals.)
Whether Republican judges will decide there are no laws anymore remains to be seen.
The Republicans have already delayed the rule of law and, in some cases, outright refused to enforce it. There is enough evidence that 2020 was nothing more than whining that the intent to steal the election didn't fly. Evidence exists that 2024 and 2016 had glaring anomalies, and the bipartisan Senate Committee on Foreign Intelligence (?) agreed that Russia meddled in the 2016 election cycle to assist DJT. All of this, combined with the recent involvement in Don Jr.'s wedding finances... Someone is getting their back rubbed, and it isn't the American public's. We are sitting ducks.
The fly in the ointment, of course, is that the FBI, DOJ and the DC Attorney's Office are all captured by Trump and friends. There is no one to investigate, file or prosecute the charges.
While I appreciate your analysis, what difference does any of it make since I can’t believe that this DOJ would investigate much less prosecute any of this, and even if they did, Trump would pardon those involved.
Whatever the case may be, they are mote than likely going to attempt to do something to interfere with Democrats gaining the majorities in both houses. I don't see Mike Johnson surrendering his position as Speaker of the house willingly without a fight.
Based on Trump's past conduct after he lost the 2020 election, he may even hold rallies and other events similar to the "Stop the steal" rally thst he held in DC that lead to the January 6th attack on the Capitol. Getting large groups of his most avid followers together near places where ballots are being counted or where newly elected Senators or members of Congress are going to be sworn in will likely lead to bad outcomes where people are likely to end up being injured or killed.
Additionally, I think that Trump feels as emboldened as he does about committing and getting away with the crimes that he has been committing for several reasons.
First of all, he immediately fired all of the inspectors general who act as watchdogs for corruption, fraud, and other misconduct.
Second, he has morphed the DOJ and the FBI effectively into slaves of the executive branch and has eliminated the independence that they once had. Anyone and everyone who had anything to do with investigating or prosecuting Trump or any of the January 6th insurrectionists, along with anyone who they deemed as not being more loyal to the constitution than they were to Trump has now either resigned or has been fired.
Therefore, Trump most likely feels like he has a strong enough of a stranglehold on almost everyone who would be responsible for investigating or bringing charges against him or any of his enablers, and he most likely assumes that it reduces the likelihood of him being held accountable as long as that stranglehold is in place.
Whatever happens, I don't see Trump giving up the majorities without some kind of fight taking place beforehand. Only time will tell what that fight may end up looking like.
The most anyone can do is prepare for the worst, and hope for the best.
As of yet, 'ultimately' remains in the hands of corruptusMaximus toaddyBlancSHhhh.
You gotta have judges in order to enforce such a case. The supreme court is not going to hold them accountable. Maybe some lower courts, but that can be overturned.
Someone has to investigate and prosecute, first. Patel and Blanche? Pardon me while I puke.
I keep thinking that this will play out in the state of each of these congressional seats when the incumbent refuses to accept the outcome. Can’t the people of states remove or recall that incumbent as soon as Jan 3?
If they do, it had better become a criminal case…
You can't use the institutions of this country against a group of people who don't respect it, or feel threatened by it. What scares the shit out of me is I believe the MAGAT’s will try something like that, and the rule of law won't protect us, the end of a riffle barrel will be the only option. Either that, or give this country away forever.
Where's that AGREE button, dammit?
Of course two complications in prosecuting those involved are Trump’s control of the Department of Justice and Trump’s pardon power.
There is a legal concept called "res ipsa loquitur"- meaning 'the thing speaks for itself'.
It was first invoked when a bag of grain fell out of a warehouse window, injuring a man below. The owner tried to argue that, since the injured man couldn't prove somebody in the warehouse acted negligently, the warehouse had no liability.
The judge disagreed, saying bags of grain don't just fall out of windows by themselves. There had to be a negligent act for that to happen.
I think the same principle applies here: Senators and members of Congress would be routinely seated, unless someone is acting illegally.
Therefore someone did, and the even older principle of "Cui bono?" identifies the Republican officials as the criminals.
(English "to whom is it a benefit?", Crimes are usually committed to benefit the criminals.)
Whether Republican judges will decide there are no laws anymore remains to be seen.
The Republicans have already delayed the rule of law and, in some cases, outright refused to enforce it. There is enough evidence that 2020 was nothing more than whining that the intent to steal the election didn't fly. Evidence exists that 2024 and 2016 had glaring anomalies, and the bipartisan Senate Committee on Foreign Intelligence (?) agreed that Russia meddled in the 2016 election cycle to assist DJT. All of this, combined with the recent involvement in Don Jr.'s wedding finances... Someone is getting their back rubbed, and it isn't the American public's. We are sitting ducks.
Johnson is certainly one Republican clown I’d love see in handcuffs and eventually in jail.
There are probably more than a few prison inmates who would love to give a special welcome Little Johnson.
Thanks for this article. It’s important for lay persons to understand what the law says and how it can be enforced!
One of Mitch's superpowers. Making the law understandable for non-lawyers. Am betting he's won more than one trial by jury.
The fly in the ointment, of course, is that the FBI, DOJ and the DC Attorney's Office are all captured by Trump and friends. There is no one to investigate, file or prosecute the charges.
THEY WILL TRY ANYTHING AND EVERYTHING
While I appreciate your analysis, what difference does any of it make since I can’t believe that this DOJ would investigate much less prosecute any of this, and even if they did, Trump would pardon those involved.
Congress must convene another special prosecutor. Jack Smith was exactly who we needed, and that is why the Trump regime is harassing him now.
I don’t believe that Congress on its own even has the power to “convene”/appoint a special prosecutor.
But if they don’t seat the Democrats, why would they appoint a special prosecutor?
350 million people can do anything. Remove the traitors!!!
Whatever the case may be, they are mote than likely going to attempt to do something to interfere with Democrats gaining the majorities in both houses. I don't see Mike Johnson surrendering his position as Speaker of the house willingly without a fight.
Based on Trump's past conduct after he lost the 2020 election, he may even hold rallies and other events similar to the "Stop the steal" rally thst he held in DC that lead to the January 6th attack on the Capitol. Getting large groups of his most avid followers together near places where ballots are being counted or where newly elected Senators or members of Congress are going to be sworn in will likely lead to bad outcomes where people are likely to end up being injured or killed.
Additionally, I think that Trump feels as emboldened as he does about committing and getting away with the crimes that he has been committing for several reasons.
First of all, he immediately fired all of the inspectors general who act as watchdogs for corruption, fraud, and other misconduct.
Second, he has morphed the DOJ and the FBI effectively into slaves of the executive branch and has eliminated the independence that they once had. Anyone and everyone who had anything to do with investigating or prosecuting Trump or any of the January 6th insurrectionists, along with anyone who they deemed as not being more loyal to the constitution than they were to Trump has now either resigned or has been fired.
Therefore, Trump most likely feels like he has a strong enough of a stranglehold on almost everyone who would be responsible for investigating or bringing charges against him or any of his enablers, and he most likely assumes that it reduces the likelihood of him being held accountable as long as that stranglehold is in place.
Whatever happens, I don't see Trump giving up the majorities without some kind of fight taking place beforehand. Only time will tell what that fight may end up looking like.
The most anyone can do is prepare for the worst, and hope for the best.
Thank you very much for covering this. Judge Luttig's warning has been on my mind since he first brought it up. This is very helpful.