Memo to CREW: Arguments did not go well
If your goal is to keep Trump out of office, here is a list of tactics for a way forward:
Play up how many people in "Team Crazy" from Dec 18 2020 meeting are on Team Putin (Trump, Flynn, Byrne, Giuliani).
Amend Electoral Count Act to provide for objection to candidate disqualification while still affirming validity of the vote for that party (making VP Acting President under 20th Amendment).
Advance notion that 20th Amendment, Section 3 implies presidents-elect are covered under 14th Amendment.
Advocate for repeal of OLC memo and associated meme that sitting president cannot be indicted. Reinforcing this gave us insurrection and current campaign. Not for Trump's ego but for obstruction of justice and possibly to please Russian masters.
The answer to the question of whether Trump cannot be obeyed post Jan 6 is that he cannot. Had he succeeded in using violence to overturn the Electoral Count, the rule of law would have demanded disobedience by military officers, civil servants and a denial by Chief Roberts of the Oath of Office.
If XIV§3 is truly self enforcing, Chief Roberts must take a pass at swearing him in. That should have been a topic in today's argument and briefing.
Press for change in House Rules (Jefferson's Manual) to move XIV§3 objection to swearing in a Representative to before the election of the Speaker.
Forget about hanging Pence. It was never going to happen. It was a diversion that Jan 6 Committee fell for. The real action was breaching the Speaker's lobby door. The Oath Keepers Stack was timed to be ready if it had succeeded. The President's remarks about giving weak Republicans strength shows that breaching the lobby was the heart of the plan and Trump's cooperation with staff and exit if most rioters from the building coinciding with fatal wounding of Babbitt and arrest of her squad shows Trump was in on the actual plan. Any conspiracy with Trump, even if walled off from the violence as the congressional participants will claim, cannot be regarded as protected by immunity if (and only if) Trump is proven to have known the timeline in advance. 2:44 pm, January 6 is the tipping point.
Ethics Committees in each chamber need to have jurisdiction expanded to include Insurrection by presidential candidates and members, with denial of office or expulsion occurring with a Committee finding unless 2/3rds of each house remove the disqualification. January 6 merits a Joint Ethics Committee examination of Trump and members of Congress and Senate. Just having the inquiry under these conditions will cause retirements and resignations.
Indeed, under such a scheme, Trump will end his campaign and no Insurrectionist member will fail to participate. Forcing Trump off the ballot does not prevent faithless electors putting him in. An honest, bipartisan Ethics Committee procedure that he needs super majorities to reverse will have him make his best deal with Smith as soon as Ethics Committee expands its own jurisdiction or Speaker Jeffries goes along (or gets at least 4 Republicans to join him in having any Ethics Committee rule change discharged from Committee).
Time for a gut check. Are you willing to accept a President Haley as the price for getting Trump to take himself off the ballot? Or have Joe step aside for Kamala to run? Some members may be squishy. Don't let them be.
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