Showing posts with label Judge J. Michael Luttig. Show all posts
Showing posts with label Judge J. Michael Luttig. Show all posts

Tuesday, July 26, 2022

January 6 Committee Hearing #3: The Last Stand of Vice President Mike Pence

 


BLOGGER’S NOTE: Throughout this post, we will insert little cartoons of Trump (as seen above, but reduced in size) every time you are required, if you choose to believe in the fairy tale, to accept a ridiculously unbelievable statement, swallow an absurdity as fact, overlook an outright lie, refuse to consider evidence to the contrary or ignore common sense.  

There is no fairy in Donald Trump’s fairy tale of the “Stolen Election.” You will find herein, however, that there was a plethora of toadies and sycophants, and (very likely) lawbreakers, all at work, trying to Donald a second term even he (if he could face reality) and they knew he didn’t deserve.


Third Hearing:

The Last Stand of Vice President Pence

 

If all of that material presented in the first two hearings wasn’t enough (and it wasn’t if you believed in the fairy tale, and didn’t dare watch), the third hearing was equally bad.  

Or, if you cared about democracy, equally good. 

 

__________ 

“This may be the most important thing I ever say.” 

Vice President Mike Pence

__________


These were all Trump people, telling a story, and all testifying under oath. Marc Short, chief of staff to Vice President Mike Pence, said he conveyed his doubts about the stolen election “many times,” to the White House. He said that on January 4, Dr. John Eastman (a central figure in Team Trump’s plot to overturn the election results) admitted that the scheme he was helping hatch would be illegal, if carried out. Vice President Pence was going to refuse to put aside any electoral votes. As Mr. Pence and his legal team prepared a final statement, he remarked, “This may be the most important thing I ever say.”



Vice President Mike Pence.


Greg Jacob, a lawyer on Pence’s staff, said Mr. Pence never wavered. Trump and Eastman were arguing that the U.S. Constitution gave a vice president the power, when counting the electoral votes, to set aside any he might want. “There was no way,” that the Founding Fathers, who “abhorred concentrated power, who had broken away from the tyranny of George III, would ever have put one person, particularly not a person who had a direct interest,” Jacob said, “in a role to have decisive impact on the outcome of the election.” 

Frankly, Jacob testified, it was “just common sense.” 


Judge J. Michael Luttig, a former federal judge, appointed by President George H. W. Bush to the bench, was a star witness, himself. Vice President Pence had sought out the highly-respected conservative jurist, for advice. Rep. Liz Cheney asked him to explain what he meant by a sentence in an op-ed he had written the day before: “Had the Vice President obeyed the President of the United States, America would have immediately been plunged into what would have been tantamount to a revolution within a paralyzing Constitutional crisis.” 

Luttig spoke slowly and with great care, so that some of those who watched came away, wrongly, calling his testimony “boring.” It was not. The judge chose every word with care. He wanted to be precise. “The most foundational principle,” he said, the rule of law, “the profound truth,” “the simple foundational truth” of the Republic had been placed at grave risk. 

Not by Democrats and not as a result of voter fraud. By the President of the United States in all the orange flesh. 

The question before “the panel and the nation,” he warned was that Mr. Pence had been pressured to violate that truth on January 6. Had he done so, the nation would have been “plunged,” he said again, “into the first constitutional crisis since the founding of the nation” in 1789.

 

Even Dr. Eastman admitted, witnesses said, that Trump’s and his plan to have Mr. Pence ignore the electoral votes of several states Trump had lost, would be “dead on arrival in Congress,” if it was announced. Fake slates of electors did exist – and as part of the plot were to be trotted out. None of the seven fake slates had been certified by the legislatures of the seven states. And Judge Luttig, testified, there was no way, “frankly, ever,” that the Constitution granted a vice president power to count non-certified electoral votes. Luttig referred to what he described as the “sacred counting,” of the votes. He chose those words with precision – to make a point. There was, he said, “No basis…at all…none,” to support Dr. Eastman’s contention. 

Pence in no way had the power to overturn the electoral count. 


__________ 

“Are you out of your f-ing mind.”

__________ 

 

Jacob testified to the same point. In a meeting with Eastman, he stressed what should have been obvious. No vice president in American history had ever attempted such a ploy. Al Gore, if such power had existed, he told Eastman, could have declared victory for himself in 2001. (Vice President Biden could have tipped the much closer 2016 election Hillary’s way, as well.) Even Dr. Eastman “acknowledged that Al Gore did not and should not have that authority at that point in time.” 

It wasn’t like the people in Trump’s ear didn’t know the castle they were building for the new king rested on quicksand. Marc Short testified that White House Chief of Staff Mark Meadows admitted “a couple of times,” that he knew Pence had no such authority to just toss electoral votes aside. 

Jason Miller, who still works for Trump, and claimed publicly that the election had been stolen, whistled a different song behind closed doors. He knew, for example, that White House Chief Counsel Pat Cipollone believed the idea that Pence could ignore the votes “was nutty and at one point confronted Eastman, basically, with the same sentiment.” Short added that Cipollone expressed his admiration for Pence. Herschmann chimed in: “It made no sense” that the BP could choose the winner, as Trump – the loser – now said. Miller was under oath. So he had to speak truth. As far as Eastman’s arguments went, Cipollone and others “thought he was crazy…his theory was crazy, there was no validity,” Miller said. 

Herschmann had a more pungent response. “Are you out of your f-ing mind,” he asked Dr. Eastman at one point. 



Even at Fox News, reality was sinking in – although that was not the case they served up to viewers. In one message to White House staff, Sean Hannity feared that the president would soon lose the entire White House legal shop. 


On January 5, Eastman was confronted again. (In my notes, I forgot to note who testified to this). He admitted that if his plan for Pence to overturn the vote ever reached the U.S. Supreme Court, it would lose 7-2. He hesitated a bit, and then admitted, okay, it would “lose 9-0.”

 


As the days passed, and the courts shot down one legal challenge after another, Team Trump was reduced to the craziest members of the crew. You had the vociferous Mike Lindell, who kept insisting magic would occur, and Trump would be inaugurated on January 20, 2021, and Biden would be cast into the deepest fires of hell. You had Gen. Michael Flynn, who was pushing for the president to send a few tanks to blue states and compel a new vote. And you had Rudy Giuliani, who would on January 6, itself, call the plan for Pence to overturn the electoral count “perfectly legal.” 

Which none of the witness said was close to the truth. 

Judge Luttig called the plan “the blueprint to overturn the outcome of the 2020 election.” He said Eastman, the president, and the few remaining holdouts, “got wrapped around the axle” of logic and couldn’t extricate themselves. He testified, live, that had he been advising any vice president, John Adams in 1797, Thomas Jefferson in 1801, Richard Nixon in 1961, and now Pence (who did seek his advice), he “would have laid his body across the road” to stop Team Trump. “The centerpiece of the plot,” he said, was “constitutional mischief.” He was understating the case for once. 

Trump lovers might insist: Well, what about Al Gore in 2001. He did challenge the result in the courts. Yes. He did. And with far more justification. The victory in 2001 hinged on one state: Florida. The margin was 532 votes. So Democrats did go to court – and when they lost, 5-4, in the U.S. Supreme Court, Gore conceded. He didn’t spend his remaining time in office howling that the fix was in. He certainly didn’t rail about a “rigged election” for the next year and a half. He wasn’t like Donald J. Trump. 

In a rare appearance by a Democrat, the House Select Committee showed a clip of Gore himself. “The choice between your own personal disappointment and upholding the noble traditions of American democracy,” he said, “is a pretty obvious choice.” 


Jacob admitted at one point that he hoped (he’s a Republican, by the way) that his party would win the next presidential election in 2024. That didn’t mean he believed President Trump had a legal leg to stand on concerning what happened the last time around. (I’m assuming, of course, that Jacob hopes the GOP comes up with a different nominee for president in two years.) 

Short said, under oath, that he also fielded a call from former House Speaker Paul Ryan. He also agreed. Pence did not have power to decide the vote. 


__________ 

“You don’t understand, Mike. You can do this. I don’t want to be your friend anymore if you don’t do this.”

__________

 

In public, of course, President Trump was spinning a different story, a fairy tale without a fairy. At a rally in Valdosta, Georgia, on January 4, he called Pence “a great vice president.” On Fox News, the next day, Jason Miller, toadying the Trump line, predicted that the VP would “throw down” and do right. 

Yet, at a meeting on January 4, in the White House, Jacob, Eastman, Pence and President Trump had already again fought it out. Eastman acknowledged the fact Congress would not support an outright rejection of the electoral votes. He asked for Pence to set votes aside, to go for a ten-day delay. Pence, Jacob testified, “never budged.” 

The next day, oblivious to the truth – or not caring about the truth at all – Trump tweeted, “The Vice President has the power to reject fraudulently chosen electors.” Not even Eastman believed that was true. Still, on January 5, he reverted to his original plan. He again begged Pence to reject the votes. 

On the right, there had been claims that Vice President Thomas Jefferson had rejected votes in 1801. That would be false. Jacob testified, live, that he was a small government person, believed in “originalism,” the idea that the Founding Fathers knew exactly what they were about. No way would they put so much power in one person’s hands. Dr. Eastman, he said, admitted behind closed doors that Jefferson did not assert authority to reject electoral votes. (What actually happened – and led to passage of the Twelfth Amendment, we shall be kind enough to explain below.)

 

What then was Eastman hoping would really happen. Jacob said he admitted he hoped the matter would end up in the U.S. Supreme Court. The judges would invoke the “political question” doctrine, and say it was up to Congress and the states to decide. 

On the evening of January 5, Vice President Pence visited the White House for a talk with his boss. At that point, a raucous crowd of Trump supporters, had gathered nearby, and they were chanting their support. Trump again asked Pence to overturn the electoral account. Pence said again he did not have the power. 

Here, admittedly, we turn to an account in the book Peril, written by Bob Woodward and Robert Costa (“Fake News,” automatically, if you are one prone to believe in the basic fairy tale). This conversation was highlighted briefly, during the hearings themselves. As described in Peril, Trump responded to Pence’s claim that he lacked authority by gesturing to the crowd. “Well, what if these people say you do?” 

Think about that a moment, if you have any doubt about why Trump had called for his supporters to come to D.C. on January 6. “Will be wild,” he had promised. Did he want the crowd of his supporters to change the outcome. 

It would appear he did. 

“If these people say you had the power, wouldn’t you want to,” President Trump added. 

“I wouldn’t want any one person to have that authority,” the VP replied. 

“But wouldn’t it almost be cool to have that power,” Trump said. 

Sure, in an authoritarian world, remaining in power, even if the vote went the wrong way. Yes. That would be cool. 

Or so the narcissist in the Oval Office believed. 

According to their sources, when Pence made it clear he had no power to ignore any of the votes, Trump replied, “You don’t understand, Mike. You can do this. I don’t want to be your friend anymore if you don’t do this.” 

Then fury took over. “You’ve betrayed us,” Trump said. “I made you. You were nothing. Your career is over if you do this.” 

And Pence still did.

 

On the morning of January 6, Pence made one last call to the President of the United States. He said again, he would not set aside any of the electoral votes. One witness testified that the president called Pence a “wimp.” Julie Radford, Ivanka Trump’s chief of staff, admitted Ivanka’s dad called Pence “the p-word.” 

By 2:00 p.m. that day, if not earlier, White House Chief of Staff Mark Meadows had been clearly informed of the violence at the Capitol. Yet, at 2:24, the president tweet-attacked Pence again, saying he lacked courage to do what was right. Sarah Matthews, a White House aide, recalled thinking, “that was the last thing that needed to be tweeted at that moment. The situation was already bad, so it felt like he was pouring gasoline on the fire.” Two minutes later, Pence and his family were rushed down a back stairway to a safe location in the Capitol. The mob was then within forty feet. 

__________ 

“I’ve decided that I should be on the pardon list, if that is still in the works.”

__________

 

Even in the wake of all the violence, Dr. Eastman called Herschmann again on January 7, and said he hoped Herschmann could still somehow stop the certification from going through. Herschmann told him he only wanted to hear “two f-ing words – ‘orderly transition.’” A few days later, Eastman sent a message to Rudy Giuliani, having finally figured something real and true out. “I’ve decided,” he wrote, “that I should be on the pardon list, if that is still in the works.” 

 


Luttig, as witness, had the final word. The efforts of Donald J Trump, to overturn the results of the 2020 election represented “the most reckless, insidious, calamitous failures in both legal and political judgment in American history.” What happened on January 6 was not the end of the danger. “Donald trump and his allies and supporters,” the judge said, “are a clear and present danger to American democracy.” 

In closing, he admitted he would never have “uttered one such word” before.

Saturday, March 26, 2022

January 16, 2021: You Can Go Down in History as a Patriot or a Pussy


1/16/21: Is it over yet? Dear God, please let this end. Is Donald J. Trump really still president? 

While we haven’t seen much of the man, himself, of late, we continue to receive a flood of information about the Capitol Hill riot.



What maniac?
 


____________________ 

“You can either go down in history as a patriot, or you can go down in history as a pussy.” 

President Trump

____________________

  

According to The New York Times, in a tense phone call prior to that day’s certification of the electoral vote, the president chastised Vice President Pence. Two people briefed on the call say that Pence told his boss he had no power to stop the vote, nor any inclination to ignore the U.S. Constitution. 

“You can either go down in history as a patriot,” Trump raged, “or you can go down in history as a pussy.” 

Having been pressed relentlessly for days, Pence asked his lawyers to consult with J. Michael Luttig, “a former appeals court judge revered by conservatives” and other constitutional scholars. Judge Luttig made it clear there was no constitutional path the vice president could follow to void electoral votes. 

Reached for comment later, the judge told reporters it had been “the highest honor of my life” to play a role in preserving the U.S. Constitution.

 

Joe Grogan, Trump’s former domestic policy adviser, summed up the situation in even starker fashion. “We’re very lucky that the vice president isn’t a maniac,” he said. 

Trump supporters would be wise to consider who Judge Luttig thought he had to preserve the Constitution from. 

And who Grogan thought the maniac was.

 

* 

IN OTHER NEWS, it looks like Donald is never going to get a “great deal” with Iran in place before his fat ass is booted from the White House. 

France warns that it is imperative that Tehran and Washington return to the 2015 nuclear agreement. “The Trump administration chose what it called the maximum pressure campaign on Iran. The result was that this strategy only increased the risk and the threat,” the French foreign minister explains to the Journal du Dimanche newspaper. “This has to stop because Iran and – I say this clearly – is in the process of acquiring nuclear (weapons) capacity.”

 

* 

AS FAR AS BLOWING SHIT UP, it appears Loser Don may have blown up the GOP in Arizona. Having insisted he won the state in November, although the vote tallies say he did not – and even though no one has seen any evidence to prove his claim – Republicans are now fighting among themselves in the land of cacti and triple-digit temps. Trump loyalists, like GOP Party chair Kelli Ward, want to censure the governor, a fellow Republican, for not overturning the 2020 vote. 

As Politico reports, reasonable members of the GOP (for example, people who realize QAnon conspiracy theories are drivel) are less than amused. 

“The craziness from the state Republican Party … it’s pretty embarrassing,” said Kirk Adams, a former Republican state House speaker and former chief of staff to Ducey. “We have been fed a steady diet of conspiracy theories and stolen election rhetoric and, really, QAnon theories from the state Republican Party since before the election, but certainly after.”

 

“Let us be clear: we find the weeks of disinformation and outright lies to reverse a fair and free election from the head of the Arizona Republican Party and some elected officials to be reprehensible,” read a full-page ad in The Arizona Republic this week from Greater Phoenix Leadership, a group of CEOs. “The political party organization and these elected officials, which some of us have supported in the past, have again embarrassed Arizona on a national stage.”

 

When Gov. Doug Ducey again defended the integrity of the state’s vote, Ward replied on Twitter, “STHU.” 

That is: “Shut the Hell Up.” 

 

BLOGGER’S NOTE: A last-ditch recount in Maricopa County, ordered by Ward and other diehard Trump fans, and conducted by a conspiracy theorist named Doug Logan, wraps up its work in September 2021. 

Joe Biden won the state by winning Maricopa by a large margin. Logan and his team count and weigh and fricassee the ballots, looking for fraud. 

Biden gains 99 votes in Maricopa, giving him 1,040,873. 

Trump loses 261. 

Monday, February 28, 2022

February 14, 2022: Former RNC Chair Calls Trump Claims "Piffle."

2/14/22: The word for the day is “piffle.” As in, the former two-term Republican governor of Montana, and the former chair of the Republican National Committee, Marc Racicot, calling the Orange God’s claims of a stolen election a bunch of piffle. 

That is: “nonsense.” 


____________________ 

“The former president didn’t experience defeat in 2020

because of fraud.” 

Former Governor Marc Racicot

____________________

 

This is actually nicer than calling Trump an ill-informed lout, a colossal liar, or a narcissist incapable of facing the truth – that he got beat by Joe Biden, a man he called  the “worst candidate in the history of Presidential politics.” 


In fact, Gov. Racicot took a shot at the RNC, for its claims that the rioters on Jan. 6 were involved in anything but a violent attack on American democracy. 

As he wrote in an op-ed today,

 

Although it is ever so neat and tidy to blame the defeat of the former president on the existence of decisive and widespread fraud, there is not even a scintilla of evidence, anywhere, to support such piffle. The former president didn’t experience defeat in 2020 because of fraud. The truth is quite the opposite. The defeat of the former president is explained by the fact that legions of responsible citizens, part of that Great Middle of America, voted the way they did because they embraced the very fidelity to their country and its Constitution that the RNC claims to embrace in its Party Platform.



Lined up to vote.


In fact, he adds,

 

Many intensely loyal Republicans, more polite and less dangerous than those who breached the Capitol, are, in larger and larger numbers, quietly but persistently looking for alternatives in the form of political movements and candidates of conscience, character, conviction and courage. 

 


He further states:

 

In the Republican National Committee’s search for power for its own sake and its obsession with winning at any cost, you have sacrificed, by your proclamation and its revelation of the presently existing soul of the party, the allegiance of a great many, and a growing number, of your most ardent and long-time supporters. Regrettably, it appears, “you have hitched your wagon to the wrong star.”



Gov. Racicot faults the current GOP leadership in the U.S. House of Representatives for refusing to support the investigation, insisting it has many Republican lawmakers with only one option, “to close their eyes to the truth and curse the darkness.” (See also: 2/6/22.)


 

*

 

IN A SIMILAR VEIN, former Judge J. Michael Luttig, appointed to the U.S. Court of Appeals for the Fourth Circuit by President George H. W. Bush, has been advising a number of senior Republican senators. At issue: making changes to the Electoral Count Act of 1887.

 

That act, according to the Orange God, would have given Vice President Pence the power to count only the electoral votes of states which would have given his boss, the deranged OG, a second, undeserved term in office – and four more years to turn the country into a autocracy.

 

As Judge Luttig writes,

 

Mr. Trump and his allies insist that the 2020 election was “stolen,” a product of fraudulent voting and certifications of electors who were not properly selected. Over a year after the election, they continue to cling to these disproved allegations, claiming that these “irregularities” were all the evidence Mr. Pence needed to overturn the results, and demanding that the rest of the G.O.P. embrace their lies. The balance of the Republican Party, mystifyingly stymied by Mr. Trump, rejects these lies, but, as if they have fallen through the rabbit hole into Alice’s Wonderland, they are confused as to exactly how to move on from the 2020 election when their putative leader remains bewilderingly intent on driving the wedge between the believers in his lies and the disbelievers.

 

After explaining all the reasons why members of Congress, on a bipartisan basis should reform the Act, Judge Luttig sums up those who would oppose changes this way. “Come to think of it,” he writes, “the only members in Congress who might not want to reform this menacing law are those planning its imminent exploitation to overturn the next presidential election.”

 

As, for example, Rep. Jim Jordan of Ohio, one of the leading suck-ups to the Orange God of Mar-a-Lago.

 

 

FUN FACT: If you weren’t paying attention, you missed the story of Mazars, the OG’s longtime accounting firm, cutting ties with the Trump Organization. Mazars warned the former president’s company that his financial statements from 2011 to 2020 “should no longer be relied upon and you should inform any recipients thereof who are currently relying upon one or more of those documents that those documents should not be relied upon.”

 

That is, they may be fraudulent.

 

Mazars also announced that it would no longer be doing business with the Trump Organization.

 

Because: the documents may be fraudulent.