If Trump Goes Down

Before we get too excited about what could befall President Trump as a result of this or that high crime and/or misdemeanor, I thought I’d run down a few things that might be useful to keep in mind.

Presumably, what many folks are hoping for is the impeachment of Trump and his removal from office. I share this desire to see him removed, of course, but as satisfying as his ultimate defeat and humiliation would be, there will also be unpleasant consequences.

Obviously, I’m talking about the presidency of Mike Pence. I am more or less certain that Pence would be a preferable president to Trump, if for no other reason than Pence is not a demented man-child.

But of course it also means that Pence will be far more competent in the execution of a horribly destructive right-wing agenda. Whereas Trump was happy to roll over for religious conservatives, President Pence will be the thick-necked, silver-haired paladin to usher in Revelation. Establish the Republic of Gilead, in which all the rich white dudes are now “commanders” and women are incubators.

Oh, and the cabinet. What might we expect? Say, Attorney General Ted Cruz? Education Secretary Jerry Falwell Jr.? Defense Secretary Jerry Boykin? Secretary of State John Bolton?

Vice President Mike Fucking Huckabee.

I assume Scott Pruitt stays.

And you’re likely wondering, where’s Sarah Palin?

President Mike Pence can’t abide women in his cabinet, because First Lady Karen Pence can’t be there all the time.

But hey, you think, there’s no way President Pence, forever stained by the scandal of Trump, could survive a general election against a half-acceptable Democrat.

You sure?

The closest analogue to this we have is Gerald Ford taking over for Nixon after his resignation. President Ford, of course, lost his bid for election. But not by much, and had the election happened a week or so later, it’s an even chance he would have won. It’s not a given that a destroyed administration’s back-up president is a sure bet for defeat. The silver lining to that example is that Ford was by all accounts a good and decent man, and had he won, it’s not as though much would have changed or gone off the rails.

Mike Pence is not a good and decent man, but boy does he play the hell out of one on TV. Ford, basically a good egg, couldn’t convince a sufficient percentage of voters of his good-egg-ness. Pence, a sinister, opportunistic fanatic, comes across on TV as sane, stable, comforting, and fatherly. If Trump could con enough of us to squeeze him into office, do you think the far more presentable Pence couldn’t?

And all of this is just what could happen if Trump is successfully removed from office. But it could also be that a great deal of political capitol is spent on trying to oust him, and it never takes. His base of support never wavers, Republicans in Congress remain loyal, and the public grows tired of hearing from perpetually-outraged Democrats.

This is not an argument against impeachment. Trump is dangerous in countless ways, a genuine existential threat to the country and the world. President Pence would also be a threat, but at least in ways that we can count on one or two hands. There’s a playbook for dealing with him and his type. Trump is something else.

But I also think there’s something to be said for toughing out the next three and a half years, containing Trump’s damage and allowing his idiocy to wear thin the patience of the electorate. Democrats gain in the midterms, perhaps winning one of the two houses of Congress, effectively shutting down any of Trump’s legislative goals. And in 2020 a competent Democrat can, hopefully, defeat him fair and square.

Of course, he could win then too.

So, yeah. Alright. Impeach the fucker. We’ll take on the commander next.



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The End of the Innocence, the Wolf at the Door

I don’t want to glorify the recent past, and certainly not the crimes, both legal and moral, of the George W. Bush administration. It is difficult to overstate the damage done by that regime, the horrors of which persist in the form of various gaping, oozing wounds around the globe. Their manipulation, circumvention, and neglect of the various strands of government power were unforgivable.

And yet as we await the inauguration of Donald Trump, there is something halcyon about the years between 2001 and 2008. How could that be? With the Bush years, we saw the cynically power-mad invasion of a bystander nation, the bizarre theocratic and apocalyptic delusions of Christianists, the government sanction of torture and the wriggling out of international agreements against inhumane practices, the pillaging and demolition of the world financial system, the jaw-dropping disinterest in the destruction of New Orleans, the refusal to act on the planetary threat of climate change, and the million little ways that rights were eroded, facts were downplayed, crises were ignored, and nativist paranoias were stoked for political benefit. 

And yet I’d reinstate Bush, Cheney, and the whole crew of bastards all over again if it meant we could avoid a Trump presidency. Why? Rather hyperbolic, don’t you think?

Here is where, perhaps, I am guilty of tinting my spectacles with a rosy hue. Because it seems to me that, most of the time, when norms, laws, or basic moral tenets were violated, it was done within the framework of a system that, even when abused, remained more or less intractable. In order to torture, the lawyers had to twist themselves into knots to legally justify it. When Iraq was invaded for absolutely no reason based in reality, diplomatic boxes were checked and approval was granted by great deliberative bodies. Even the failed schemes of the era were done within this framework: Bush and his allies wanted so badly to privatize Social Security, but even with their near total control of the federal government, could not muster the political force to make it happen. 

They bent some of the beams and they loosened many of the rivets, but the framework held. It held so well that they were able to be defeated electorally, by congressional Democrats in 2006 (though it was to be disturbingly short-lived), and by Barack Obama in 2008 and 2012. 

But this framework is imaginary, of course. And I don’t just mean that it’s a metaphor. I mean that the system itself is imaginary, a social construction, in the same way that money is. “We hold these truths to be self-evident” and all that. We collectively decide that we’re all going to abide by these rules, live within the framework. We might skirt this rule, bend that one, and others break altogether. We may break rules entirely and may lie about what we’ve done. But in all of those cases, we all acknowledge that the rules are there. The Constitution, the law, and even the unwritten norms of a democratic republic. Crimes, abuses, and neglect all happen within the framework that we all pretend is there.

Donald Trump, I fear, does not acknowledge the framework. He seems to refuse to accept its legitimacy, he makes little pretense of playing along. He may even be intellectually unable to grasp it, and in that way, he is not unlike an embodiment of the state of nature. We humans take very seriously the sovereignty of our homes, and take it for granted that our fences and walls and property lines clearly delineate our inviolable domains, but other species do not. They can’t possibly understand these concepts, and if they could, they’d certainly not take them seriously or feel beholden to them. 

The social construction of our system of government, our framework, is like a home, and Trump is a wolf at the door. The wolf doesn’t know or care that you might “own” the plot of land upon which your house sits. If he can get in, he won’t feel any compunction to respect the integrity of the house, nor the lives of the people inside. 

Warnings about the potentially dire consequences of a Trump presidency are not new, of course. Alarms are sounding all over the place. But even so, I read and hear a great deal of very smart, experienced people saying that Trump and his ascendant marauders will find it rather difficult to enact the kind of sweeping, draconian changes they seek. The public will have to be sold on much of it, they say. Major projects will have to be funded. The vast, sprawling federal bureaucracy will not be so easy to turn on a dime to pursue ends counter to their very reasons for being. The military will outright refuse to execute some of the more horrific orders that Trump has promised to issue.

I am not so confident. Remember back to the Bush administration, where at the very least efforts were made to justify offenses within the structure of the framework. The politicking, the legal gymnastics, the feigned diplomacy, all of it at least acknowledged there was a system to abuse. Even for those who considered the rule of law subservient to the authority of their religion were at least subject to a different framework, the even-more-imaginary dictates of their God.

My fear is that a Trump administration will not respect this imaginary framework. They will act without feeling the need to justify through legal interpretation or moral imperative. They will simply act. The Republican Party has shown itself, conclusively, to be acquiescent to Trump, and they will now control all three branches of federal power. If they choose to reject the framework, there is literally nothing they can’t do. The Democrats in Congress might have an investigation? Ignore it. Accused of breaking the law? We are the law. The public is unhappy? Lie to them. Scare them. Or don’t. What can they do? Vote you out? Elections are as meaningless now as everything else.

I fear that future generations will look back on this time of transition as the end of an innocence, when we humans thought we had built a stable, robust political and social system that existed only in our heads. How naive we were, to think that we could head off utter disaster because some rules we’d written down somewhere would serve as a bulwark against those with voracious appetites for power and wealth. That we could get the wolf to leave our doorstep by pushing a strongly-worded note through the mail slot.

Don’t you know you’re not allowed to eat the people in this house, Mister Wolf? Don’t you know it’s against the rules? Now don’t make me come out there and explain these rules to you. 

Oh, alright, if I must. But you have to promise me you won’t eat me while I’m talking to you.


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Image by ElenaTurtle (CC BY-NC-ND 3.0).

On Trump and Dying

Postulated model for the series of emotions experienced by electorally defeated voters to the imminent inauguration of Donald Trump.

Stage 1

Something must have gone wrong with the voting process. Recounts of close states will reveal that the vote had been tampered with by the Republicans. Or the Russians. Or both. There’s no way America is home to so many racists and fools. It’s just not conceivable. Something is up.

Stage 2

GOD DAMN THOSE RACIST MOTHERFUCKERS. This is all those idiots’ fault! And James Comey and the FBI, those BASTARDS had it in for Hillary from the beginning! But of course that wouldn’t have mattered if it weren’t for those lazy, entitled millennials who COULDN’T BE BOTHERED TO TURN OUT even though the stakes were so high. That’s goddamn BERNIE’S fault! And why the hell did the Clinton campaign ignore Wisconsin and Michigan? ARE THEY COMPLETE IDIOTS?

And WHY is NO ONE just SCREAMING IN THE STREETS about RUSSIA???

Fuck everybody!

Stage 3

Listen, electors. C’mere. Listen. Guys. And ladies. I know you’re not going to let this happen. Come on. Seriously. Let’s talk. Russia messed with us. Trump’s going to ruin everything. You know it, I know it, and you know what? We can do something about that, right now. You all can be goddamned heroes. You Trump electors have to vote for Clinton. After all, she won the popular vote by a huge margin! Almost 3 million votes! Democracy! You should switch sides and vote for Clinton.

Okay, fine, then we should all pick a consensus Republican that we can all feel good about. Let’s talk President Romney. President Kasich. Clinton electors, you can get down with that, right? Better than the alternative, right? Right? You know I’m right.

Fine fine fine. Okay. Listen. We just need enough of you Trump electors to vote for anyone else. Literally anyone else. Okay? Then we’ll throw the election to the House, and then we’ll talk to them. Maybe we can get President Pence. One of you electors, vote for Pence, okay?

Guys?

Stage 4

It’s over. America. It’s over. And it’s our fault. All of us. I could have done more. I could have donated more, I could have knocked on doors. But I didn’t. Neither did you. We’re terrible. We deserve this. America. We stare at our TVs and our phones, we fall for fake news and obvious bullshit, we eat it up. We’re an empire in rapid decline, and we brought it all on ourselves. With our consumerism and our coastal hubris. There’s nothing to be done. Everything is going to fall apart. Why bother even giving a shit? I don’t care anymore.

Stage 5

This is going to be exactly as bad as we think it is. And we have to get through it. Somehow. 

Get ready.


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The Electors’ Moral Duty

I am entirely opposed to the Electoral College as a means of choosing the President of the United States. I proudly worked for an organization that had repeal of the Electoral College, replacing it with a national popular vote, as one of its three or four prime reasons for existing.

But that’s what we’ve got right now. While I’m horrified that it has allowed Donald Trump to become the president-elect, I don’t believe that his election is “unfair” just because Hillary Clinton overwhelmingly won the popular vote. Both campaigns ran to win the Electoral College vote, not the popular vote, and Trump succeeded. That’s the game both of them were playing. If it had been a popular vote contest, they absolutely would have run entirely different campaigns, and it’s impossible to say for sure what that outcome would have been (though we can guess). Hillary knows it. Al Gore knew it. Them’s the breaks.

As the electors themselves are about to vote, there is a lot of noise about whether some of them will “defect,” as it were, and that some of those who are pledged to Donald Trump will vote for someone else, or not at all. There are talks of secret discussions, compromise candidates, legal challenges, intelligence briefings, and postponements.

I don’t think anything is actually going to happen. Sure, one or two electors may ultimately vote in contradiction to their pledge, but I do not believe we’re going to see anything that changes the result of the election.

But I do support the efforts to do so, and I hope I am wrong that nothing will change.

It’s not a simple matter. Changing the result of the election will have enormous consequences, the likes of which we can’t yet predict. Put aside the legal and constitutional questions, put aside the totally unprecedented confusion over transitions and appointments that will transpire.

Merely imagine for a moment a scenario in which, by one mechanism or another, Trump is denied the presidency in favor of another candidate, be it Clinton or a GOP compromise candidate. I cannot believe that such a reversal would not spark chaos among the populace. I’m talking actual riots and violence from angry Trump supporters, supporters who are not exactly peaceful and friendly in victory, let alone defeat. People will be hurt, some may be killed, the economy will take a rollercoaster ride, and whatever regime does wind up taking power will be debilitated in myriad ways: choked by a thick cloud of illegitimacy, pilloried by hails of lunatic conspiracy theories and vicious opposition from the far right, and who knows what else. It will be awful.

But it will pass, eventually, and even in the worst imaginings, it will be better than a Donald Trump presidency.

I know I am on record months ago as believing that Trump was preferable to, say, a Cruz or Rubio presidency, but I of course have been thoroughly disabused of this, and I would gladly welcome a President Ted Cruz over what we’re about to endure. More likely, if there was some kind of alteration of the election, we’d be looking at a President Mitt Romney, Mike Pence, or John Kasich. Fine. Great. Welcome to the Oval Office. Nice to have you.

Why is this better than just coping with the status quo and dealing with whatever comes of a Trump administration? Here are some things a Trump presidency will, with near certainty, mean. They require almost no speculation, just common sense:

  • Climate change will accelerate beyond the point that humans could do anything to mitigate
  • The Supreme Court will lurch far to the right, perhaps for generations
  • Putin’s Russia will become far more powerful and audacious
  • Social Security, Medicare, Medicaid, and other badly needed social programs will be gutted or destroyed entirely
  • The Affordable Care Act will be mutilated or repealed, and millions of Americans will lose their insurance
  • American police will become even more militarized, and incarcerations will go way up
  • Public education will lose funding in favor of private and religious schools
  • The EPA and the FDA will be neutered, if not abolished altogether, or else turned into marketing tools for the industries they are supposed to regulate, putting millions of lives in danger
  • The poorest Americans will become poorer
  • Minority groups will have their voting rights strangled to the point of de facto disenfranchisement
  • The press will be stifled and under constant threat of retaliation from the government
  • Nazis, white supremacists, men’s rights advocates, and other blights on humanity will complete their exit from the shadows and become normal parts of American public life and politics

I could go on.

The members of the Electoral College, I feel, have a moral duty to stop this.

I think it’s worth the short-term risk of chaos and the loss of confidence in the Electoral College system. It’s worth these citizens violating their vows to vote as directed by their states. The electors are human beings, Americans who have to live in this country, and on this planet, too. But they are also Americans who by dint of circumstance have the power to save us, and one chance to do it.

They won’t. I’m nearly sure of it. But I really hope they do.

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P.S.; Here’s an interview Lawrence Lessig just did with the Washington Post, discussing his initiative to confidentially assist any electors who are considering taking action like this.

 

What We Told Our Kids Today

Our two children, our 6-year-old son and 4-year-old daughter, were very enthusiastic about this election. From the beginning, they’ve shown an enormous amount of genuine curiosity about it, and became quite emotionally invested. Of course, that’s because their parents were too.

We certainly knew that a Hillary Clinton presidency was not a foregone conclusion, and that it would not take some sort of upheaval or miracle for Donald Trump to defy expectations, but like most of the human species, it appeared so unlikely as not to warrant too much worry. So that’s what we shared with our kids. Optimism about the outcome, always grounded in the very real possibility that we were wrong.

They were excited that a woman might be president. We read them biographical children’s books to them about Hillary Clinton, and they truly admire her, as my wife and I do. They were comically hostile to Trump, with my son devising elaborate offensive machines that would batter Trump with multiple frying pans should he ever come to the door seeking our votes. My daughter was more concise, promising to “smack him in da FACE.” I discouraged the more overtly violent fantasies, but it was all in fun. (When I informed my son that Clinton had “kicked Trump’s butt” in the debates, he paused and clarified, “Metaphorically.” Yes, son, metaphorically.)

Among our many agonies on election night, my wife Jessica and I were sick over how to tell the kids what had happened in the morning. Jess was very worried, afraid that our son, who is at a very emotional phase, would panic. If the grownups were in tears, our sensitive kids would be too.

This morning, I snuggled up to my son in his bed, cuddled him close. Thumb in mouth, he rested his half-sleeping head on my chest. I rubbed the close-cut hair on his head, and wished I could lay there with him for hours.

Jessica came into the room, and as our son became more awake, she calmly broke the news in a gentle, measured, loving voice. “Donald Trump won the election.”

Over the course of the morning, here’s the gist of what we told our daughter and son.

We’re all okay.

There is no doubt that the election of Donald Trump is bad news. We absolutely don’t think he should be president. Maybe more importantly, we know that Hillary Clinton would have been an amazing president. We’re pretty sad, and a lot of people are going to be feeling very bad about this for a while.

Donald Trump is a man we disagree with on almost everything, but we in this family are going to be just fine. We won’t at all like a lot of what he does or tries to do, but he’s not going to “come and get us.”

Here’s what we can do now. For all the things we don’t like about the man who will soon be president, we can choose to be better. We can be kinder to the people in our lives, and help the people who need it. We can love each other and always be looking for ways to make our home and our community a better, happier place. It’s actually the most powerful thing we can do.

Remember that not everyone agrees with us. [Note: My son’s first grade class voted unanimously for Clinton in their mock election, but Trump eked out a victory in my daughter’s pre-K class.] When you go to school and when you’re around other people, remember that some of them are happy about this election, and others are very upset. Don’t be mean to the people who voted for Trump, and be gentle with those who didn’t. The idea is to put more love and kindness into the world, not less.

There are many people out there in the country and in the rest of the world who will have a much harder time with Trump as president than we will. We are very lucky in that we will be okay, and our lives will be just about the same. Others will have new troubles, and we need to help them however we can.

That’s more or less what we told them.

For our daughter, we were very clear and optimistic and passionate on one particular point: You can be anything you want to be. You can be president. You can accomplish whatever you set out to do. I think we told her this for our own sake as much as hers. I had brought her into the voting booth with me on Election Day, so she could be there when I voted for who we thought would be the first women President of the United States. Though she didn’t feel this way, I felt that more than anyone else we had let my daughter down.

After we first told our son what happened, as I held him to me in his bed and could not see the first reaction on his face, I worried how the news was hitting him. He lifted his head up, got to a sitting position, and my 6-year-old boy spoke.

“Can I write a letter to Hillary Clinton?”

He wants to write to her to tell her how sorry he is that she lost, that he knows she worked so very hard, and that he doesn’t want her to be upset.

That was his first reaction to the news.

If Jessica and I have succeeded in anything in our lives, it is in that we have brought into the world two human beings with good, loving hearts. They are kind, they are compassionate, they are empathetic. I am so deeply proud of them.

We proceeded through our usual Wednesday morning routine, and though heavy with the weight of what has happened and what is to come, we still had silliness and hugs and jokes as well as the mundane frustrations of getting out the door in the morning. My kids made me laugh, they got on my nerves, my son forgot his backpack so that we had to go back home to get it, and my daughter agreed to become president one day, before going to pet the preschool class’s bunny.

This is not a trivial thing. My family and I, along with tens of millions of human beings, have been let down by a huge portion of our fellow citizens. We were betrayed by legions of cynical opportunists, self-righteous purists, the blamelessly uninformed, the willfully ignorant, and the overtly malicious. Not only has a fascistic clown been elected president, but we’ve been denied the leadership of perhaps the most qualified, competent, and skilled president our country could have ever had. There is darkness coming.

But there is also light. My sensitive, curious, imaginative boy and my brilliant, brave, creative girl. They are luminous.

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The Plausibility Threshold

I’m not at all opposed to the idea of allowing third party candidates into the general election presidential debates. In most cases, of course, there’s little reason to, as even the exposure and legitimization it would give to said third party candidates would almost never result in one of them becoming seriously competitive for the presidency. (Ross Perot in 1992 was legitimately competitive, so he definitely belonged in those debates. In 1996, there was no real chance for him, and being on the debate stage wouldn’t have changed that.)

A great shame of our electoral system as it currently exists is that there is no mechanism for expressing preference for a third party in a way that doesn’t result in self-sabotage. It’s a first-past-the-post plurality game, so a vote for liberal-third-party-candidate X means one less vote for less-liberal-but-actually-viable-Democrat Y. Without something like instant runoff voting, the whole discussion is more or less moot.

But let’s pretend for the sake of argument, though, that our system is set up to make it reasonable to vote for third parties, and that there ought to be a relatively low threshold for getting into these debates. Let’s say, again for the sake of argument, that instead of the current 15 percent in polls, it’s something like 5. That would have probably gotten Ralph Nader on the stage in 2000, and in this election, it would easily qualify both Gary Johnson and Jill Stein.

But even granting all of this in our imaginary scenario, something still doesn’t sit right with me about it, and I think I know what it is.

To fully understand my thinking, you have to temporarily forget that the Republicans nominated a lunatic huckster this time around. Donald Trump’s presence in the equation clouds the air of gravity for the presidential debates, so it might help to replace him in your mind with someone like Mitt Romney or John McCain. So do that now. On this imaginary debate stage, with Martha Raddatz or Bob Schieffer or whoever moderating, you have some Romney-McCain type, former Secretary of State and Senator Hillary Clinton, and…Gary Johnson and Jill Stein.

Since winning isn’t in the cards for Johnson or Stein, regardless of the electoral system in place, the ostensible benefits of their participation in the debates would be 1) to have someone articulate positions and concerns not expressed by the major party candidates, and 2) to lend new legitimacy to, and build up the viability of, the third parties for future elections, sending the message that, yes, candidates from these parties are and will be serious options for the presidency.

But is Gary Johnson really presidential material? Really? He seems by all accounts to be a good, principled man with good intentions, and he was a governor, but still. He doesn’t seem to have thought through all of his positions, he has trouble answering questions in succinct sentences, and he hasn’t held an office since a year before Facebook even existed. In my opinion, he doesn’t quite present the figure of a plausible president, and the irony is that he’s the closest the Libertarian Party has ever come to offering up someone who does. He’s more of a “this is the best we could do” candidate for a struggling minor party.

And even presuming the best about Jill Stein (which is a major challenge for me), despite her admirable activist background, she has never won elective office (save for a “Town Meeting Seat” in Lexington, Massachusetts), she panders to conspiracy theorists and paranoiacs, and deifies people like Julian Assange. She is definitely not a plausible president.

And that’s so dispiriting. As someone who’s worked professionally for systemic solutions that would clear the way for third party candidacies, I would love to see a more vibrant and dynamic set of views represented in these debates, but that also means I want those views articulated by credible candidates. Plausible presidents.

This year, the Republican Party has decided not to put forth a plausible candidate. In my imaginary scenario, we had a veteran officeholder of real gravitas to stand for the GOP, but in reality, we have a dangerous man-child. So it’s easier to look to the third party candidates and think, well, shit’s already crazy, why not let them in too? And I get that. But it’s also true that he could actually win, unlike the other two minor candidates, so he needs to be confronted by his billion-times-more-qualified opponent in front of the nation.

But for the third parties, in the abstract, I don’t think debate inclusion achieves what these parties hope they might, and what they really need them to achieve: to show the American public that their zone of the political spectrum can offer up real presidents too. The Libertarians are almost there with Johnson, and frankly would be there now if they’d flipped the ticket and nominated VP candidate Bill Weld instead, or recruited some titan of Silicon Valley like Meg Whitman, Larry Page, or Sheryl Sandberg. The Greens are nowhere near plausibility right now, with Nader 16 years ago being by far the closest they’d ever come to putting forth a credible would-be president. I honestly can’t think of anyone today who might jibe with their politics and be a plausible president, save for perhaps Bernie Sanders.

I want to see that debate, with three, four, or more honest-to-goodness potential presidents advocating and arguing their cases. But our electoral system makes it pointless, and the candidates we’ve gotten so far from the third parties makes it doubly so.

Romney’s New Game, House Rules

Mitt Romney is not an idiot. He knows that he can’t possibly win a presidential election as an independent candidate. And that’s even assuming he could get onto the ballot in enough states in time, which he can’t, having already missed Texas’s deadline. No Republican/conservative candidacy can win without Texas.

But I still give credence to this Washington Post report about his and Bill Kristol’s recruitment efforts for an anti-Trump candidacy, and it all comes down to this single paragraph:

One related objective is to prevent both Clinton and Trump from clinching a majority in the electoral college and thus throwing the presidential election to the House of Representatives, under the provision of the 12th Amendment of the Constitution. This scenario played out in 1824, when Andrew Jackson won a plurality of electoral and popular votes but was defeated in the House by John Quincy Adams.

I don’t think this is a “related objective.” I think it’s the only objective. A presidential election decided by the House of Representatives is the only path to victory for Mitt Romney who, as I have noted, still desperately wants to be president. When he positioned himself as a fallback/draft candidate back when Trump’s victory was not yet assured, he must have known then that his chances were slim…slim but feasible.

And so it is here. It’s still pretty damned unlikely that a Romney independent candidacy could win any electoral votes, let alone enough to throw the election to the House, but it’s possible. He’d need to rack up electoral votes in states where he could plausibly squeeze out plurality wins against Trump and Clinton. The most likely places for that to happen, however, would be states that Clinton is already going to lose. So to make this plan work, Romney needs to eke out wins in a few blue states, and that’s really where this falls apart.

It’s not impossible. If we start with the 2012 race as a starting point, and, for example, give Florida, Ohio, New Hampshire, and Michigan to independent-Romney, the election goes to the House. This assumes that Clinton doesn’t flip any ’12 red states blue in the mean time. You could also have a scenario where, say, Trump wins Iowa from the Democrats, but Romney wins Virginia. You get the idea. Not impossible, but very unlikely.

But “unlikely” could be enough as far as Romney and the anti-Trump GOP forces are concerned.

Of course, there’d be one more enormous hurdle, which is actually winning an election by the House. It’s not a majority-vote situation there. If the presidential election goes to the House of Representatives, each state’s delegation gets one vote. So the question then becomes whether Romney could convince a majority of Members within each state’s delegation to vote for him. (Oh, and the Senate would pick the vice-president. Fun, right?)

A deadlocked Electoral College vote going to the House would normally be an easy win for the GOP in a two-person race, because of the party’s vast over-representation in Congress. But two “Republicans”? I wouldn’t begin to know how to predict that. But I can say that it represents a glimmer of hope for Romney’s quixotic, last-ditch effort in his decade-long quest to become president.

Presidential Primaries Might Be a Terrible Idea

image

Political parties aren’t the government, even though the Democrats and Republicans have so entirely weaved their parties into the machinery of government and the electoral system. Constitutionally, the two major parties are no more “official” than the Natural Law Party or the Rent is Too Damn High Party. They are nongovernmental associations that organize to field candidates for public office around the shared positions and values of whatever coalition of interests they can cobble together.

As such, they can choose the candidates they’ll run for office any way they like. Right now, the two major parties base these decisions largely on constituents’ votes in primary elections and caucuses, run through a very porous filter of delegate allocation. But if they chose, they could have party bosses choose candidates in smoke-filled rooms. They could even draw straws to see who would run for what, or have prospective candidates engage in medieval combat. It’s up to them.

The primary system we have now is relatively new, and on its face, the idea that the constituents of a party would choose a presidential candidate by (more or less) a popular vote seems like a good idea. It feels, if nothing else, fair. This is a democracy, and so we’ll pick our candidates democratically.

We take this for granted as the wisest and most morally correct method. We can see this whenever the prospect of something that might contradict the popular verdict arises, like superdelegates in the Democratic Party, the specter of a brokered convention, or when the particular rules of a given primary or caucus seem less than straightforward. People’s hackles are raised, and there is much crowing about the right to vote and the subverting of democracy.

But of course, we do not have a constitutional right to vote for party nominees. (Indeed, we don’t even have a constitutional right to vote at all, but that’s another discussion.) Candidacies aren’t political offices. It may be cynical or underhanded for a party to subvert the will of its primary voters, but it’s not against the law or a violation of representative democracy.

In case you can’t tell, I’m no longer convinced that primaries are the best way to choose candidates for office. Even just confining the discussion to the presidency, it no longer seems self-evident, as it once did, that the two major political parties are doing anybody any favors (themselves or the American people) with the primary system as it is. I also don’t know if the alternatives are any better.

I used to work for the electoral reform organization FairVote, and wrote many thousands of words about ways in which the primary system could be improved, but those improvements always focused on increasing the democratic fairness of the primary system, including holding either a single National Primary Day or having a rotating calendar of primary elections, all to reduce the outsized influence of New Hampshire, Iowa, and South Carolina on the process. As I write today, though, I’m not sure we should be having these elections at all.

Obviously, it’s this year’s election that’s making me lose faith in the system. The clearest example of primaries-as-shitshow is the GOP race, where an angry, violent, and happily ignorant band of racists is about to lift Donald Trump to the nomination. There is no way this is a good result, not for the Republicans, and not for the country as a whole, which will be subject to his idiocy and thuggery, and have to go through the motions of treating his candidacy with a show of seriousness. It’s abysmal. And if someone like Cruz were the other “popular” alternative among the GOP primary electorate, that’s no better. He’s a maniac, and such a maniac that even his own lunatic colleagues loathe him.

It’s not the same with the Democratic Party, but it’s still bad. Not because Bernie Sanders, if nominated, would be somehow be a disaster (though he would be far more likely to lose in my opinion). He’d be fine and perfectly respectable, and I’d be proud to vote for him, though I am a supporter of Hillary Clinton’s. But the fact that the choice of the Democratic Party’s nominee is being left largely up to Democratic voters, the supporters of the two candidates are incentivized to vilify the candidate they don’t support. If there were no primary contest being held, Bernie people and Hillary people would overlap, and everyone would be cool with each other, working together toward common goals, even if not all of those goals are shared in precisely equal measure. But since we’re subjecting them to a popular election, we have Bernie supporters trying to convince the world that Hillary Clinton, the likely nominee, is evil incarnate, a lying, heartless monster who must be destroyed, which of course damages her chances for the general election and overall poisons political discourse among the constituents of the only party that is, right now, serious about governing.

So imagine a scenario in which a presidential nominee is chosen by existing officeholders within a political party, and that’s it. All the party’s governors, Members of Congress, and heck, even the state legislators and mayors and whatnot, all get together, in person or virtually, and argue and debate until they hold a vote, and then pick their party nominees. It has at least the whiff of representative democracy in that all the stakeholders will have been themselves elected, but it avoids the mob-driven death march of the primary campaign.

Or maybe we still have primary elections, but as they have at times been, they are straw polls, beauty pageants, displays of strength and potential support among the grassroots. And after the entirely non-binding straw poll votes are held, the aforementioned party officials take that into account when making their decision.

Or maybe there’s something else that makes more sense. Maybe a board of directors of a party should just hash it out in a room, with or without the smoke. Maybe a randomly chosen “papal conclave” of party stakeholders should figure it out and draft a candidate. I don’t know.

But what I do know is that we have a problem with primary elections. They’re producing bad results, either in the candidates they annoint or the damage they do to a party. I can’t say I’m now wholly opposed to them in principle, but I can say that perhaps it’s time to at least consider that we should save all the democracy for Election Day itself.

“Shoot Me Instead”

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I shouldn’t be surprised, but I can’t help it. No, I’m not shocked that there might be someone who wants desperately to attack Donald Trump. I am taken aback, however, by the Secret Service. Wait, taken aback isn’t right. Watch this.

I’m moved. Did you see what those guys did? When a threat to their charge was perceived, they didn’t hesitate even a second. They used their bodies to shield Donald Trump. Control had been momentarily lost, a likely attacker had attempted to move on Trump, which meant that there might be others, and that they might have guns. And these men, without even a hint of consideration, formed a wall around Trump, each effectively saying, “Shoot me instead.”

Put aside for a moment that it’s Trump. Which I know is hard. Just the fact that a person would sign up for a job in which such a binary choice could very likely have to be made, to understand that if the situation arose, there would be no question that you would die before the person you protect.

When it’s the President of the United States they’re protecting, there’s a kind of mystical honor bound up in that sacrifice, you can kind of wrap your brain around it. Even if you don’t like a given president, I think we can all sort of grasp how the fate of more than just a single human being is wrapped up in a president’s life, that the workings of our society demand that this person be defended at all costs, and that in giving one’s life when a president is threatened, you are giving your life not for an individual, but for a country, for an idea. I get that.

But a presidential candidate is another thing. And a presidential candidate that is Donald Trump is another thing times a billion. I don’t know if any of those guys like Trump, or if they hate him, or if they don’t even think about it. But it doesn’t matter. When an immediate threat arose, they, as a unit, in almost perfect synchrony, used their bodies as a shield to defend his life.

Words like “brave” and “hero” come to mind, but they don’t quite describe the gut-level tug that this kind of willingness to sacrifice oneself induces in me. It’s similar to how I feel about stories of 9/11 first responders, those who ran in when everyone else ran out. “It doesn’t matter, I’ll die so this other person can live.” It moves me.

I mean, fuck Donald Trump. That swaggering asshole is a waste of elementary particles.

But my deepest respect and awe to those Secret Service guys, and to anyone who jumps in front of the bullet or runs into the burning building so someone else can live.