American Thinker: The Election Coup Plot, Explained

Founder of American Thinker, Thomas Lifson, writes about the Presidential election in The Election Coup Plot, Explained. You can see the Tucker Carlson video by going through the link to American Thinker or clicking on the Fox News link near the bottom of the article.

Democrats have been thinking about this for a long time…

—Tucker Carlson, November 5, 2020

I fully expect that Twitter and Facebook will suppress circulation of this blog post, but so what?  The half of the country that never strays beyond the mainstream media narrative would find it unbelievable, a fantasy of conspiracy theorizing.  After four years of their media telling them that Russia hacked the 2016 election, and Hillary claiming she was cheated, the new media-approved narrative is that any questioning of electoral fraud is an attack on democracy.

Such people are a lost cause, unless (or until) crimes are proven in court and election cheaters are sentenced to prison.

But for the rest of us who have eyes and brains, there is no stopping suspicion and activism in the “nasty street fight ahead.”  “Samizdat” is a word that Americans are going to be using a lot, at least until Google gets around to changing the definition that still, for the moment, comes up when you search for it:


(source)

One truth-teller with an audience in the mutli-millions is Tucker Carlson, and last night he laid out convincingly the path ahead by which the left, principally relying on its media and social media dominance, will attempt to install as president a man who needed fraudulent votes to win.  The plot, in short, is to have the TV networks, AP, and NYT/WaPo declare the race decided.  At that point the social media censors step in and suppress all efforts — even those of a sitting president — to uncover the fraud as conspiracy theories and an attack on democracy itself.


YouTube screen grab.

If and when Trump-supporters (and a few others who see what is going on) take to the streets and actually threaten the coup, they will be repressed — bloodily, if necessary.  This response already has been signaled.

In the interest of saving your time, I have cued up his presentation last night to skip his review of the way the last presidential vote battle, Bush v. Gore, was covered by the MSM.  The contrast with today is instructive.  If you are not in a hurry, start at the beginning. [Note: the original video vanished. This is a new video that I could not cue up. The whole thing is worth listening to, though.)

https://video.foxnews.com/v/6207560134001

“Americans who love this country are beginning to fear it.

—Tucker Carlson, November 5, 2020

American Thinker: The Democratic Party is the Dark Winter

J. Robert Smith at American Thinker has some words about where the Democratic party wants to take the country in The Democratic Party is the Dark Winter.

We are, indeed, at a crossroads in America.  Next Tuesday, we’ll learn the choice of direction.  Will voters stick with President Trump, who, in saner times, would be a slam-dunk for reelection — or do they embrace Joe Biden and his grim vision of a dark winter?  We have to believe that most Americans haven’t cast off common sense, along with their used masks and empty hand sanitizer bottles.  But for voters on the fence — as inexplicable as that is — let’s evaluate what the Democratic Party is showing us about itself.

Biden’s claim in the last debate that the U.S. is moving toward a dark winter, thanks to COVID, was revealing.  It exposed more than Biden’s cynicism in trying to manipulate people’s fear of the virus, it exposed an irony.

The dark winter tag speaks to the Democratic Party’s condition, not America’s.  Democrats are ominous.  Their worldview is antithetical to the American experience, and it’s rotted.  Worse is that they’re destructive.  We see it in their language and actions.  2020 is showcasing the Democrats accelerating descent into a mean-spirited, grudge-filled aggression toward traditional America — the America of the Revolution and the founding.  They despise that immense swath of red, white, and blue between the Northeast and West Coast.  And anywhere patriots live.

Perhaps 2020 is providential, in that the Good Lord chose an election year to lay bare the Democrats’ grim plots?  Maybe this is a chance for the broader electorate to get a strong read on the party that’s dumped Happy Days are Here Again for its rendition of Eve of Destruction?

The Democratic Party is a cancer making systemic attacks on the nation.  The attacks are political, cultural, and moral.  The left, which is ascendent in the party, has over many years, infiltrated major institutions: education, the media, arts and entertainment, corporate executive suites, government bureaucracies.  The fight to restore traditional America won’t end after the president’s hoped for reelection.  With Trump, though, our chances of winning the fight increase dramatically.

Let’s focus on two big, foreboding developments that are transpiring this year.  They’re pincers in the Democrats ambition to impose tyranny — a tyranny that leftists and globalists plan to fully unfold should the corrupted and compromised Joe Biden win.

COVID and the Shutdowns

In March, the COVID crisis struck, but for Democrats, it had little to do with public health.  It was an opportunity to impose and exercise raw political power.  15-day state closures to assess and formulate approaches to grappling with the infection turned into open-ended blue state shutdowns.  New York, California, New Jersey, Pennsylvania, Illinois, Oregon, Wisconsin, Washington State — blue states all – are still closed to varying degrees.  Businesses have been erased and millions are unemployed.  The rights to worship, to assemble (except for protests and riots), and to function as free citizens, have been curtailed.

Democrats are previewing their preferred model of governance — and it should chill patriots.  Theirs isn’t bigger government as an expediency to deal with a temporary crisis.  How Andrew Cuomo, Tom Wolf, Gretchen Whitmer, Gavin Newsom, et al, are governing sets precedents.  Democrats are demonstrating top-down, strongman government as their choice.  It has the stink of Xi Jinping and the PRC.

Conventional wisdom claims that the lockdowns may ease when the elections end.  After all, shuttering blue state economies was meant to hurt Trump.  Collateral damage to Democrat leaders’ own constituents?  A necessary price to defeat the president.

But will the shutdowns end?  Why, when they’re so useful to undermining rights and allowing governments’ grips to tighten?  Biden has declared for more shutdowns until the virus is beaten. Of course, viruses are never beaten.  Biden’s handlers are trying to be clever.

Biden in the White House means a national shutdown.  The U.S. economy has taken a multitrillion-dollar hit this year.  More blows in 2021 would send the nation careening into a depression that would surpass the 1930s.

But a depression would accomplish much for power-hungry Democrats and globalists.  The Great Reset initiative, advanced by the World Economic Forum, is poorly disguised fascism.  “Manmade climate change” failed to trigger a “reset.”  The COVID crisis is the globalists’ new lodestar.

Race and Mob Violence

In late May came George Floyd’s death in Minneapolis.  There, cringing leftist mayor Jacob Frey was joined by the leftist city council in withdrawing police protection, thereby handing over their city to mobs, though gaslighting that peaceful protests are a right.  Mobs acted as mobs act: with violence — ransacking, smashing, and burning Minneapolis.  Leftist BLM and Antifa provocateurs did their parts, inciting rioters to even more mayhem.

Minnesota governor Tim Waltz, in Nero fashion, decided to stand down as Minneapolis burned — though he had the cheekiness to seek federal aid to recoup millions of dollars in clean-up costs, smartly denied by the Trump administration.

Not to be outdone, Seattle and Portland followed Minneapolis’ lead.  It was all rinse and reap as mobs ran loose.  Seattle mayor Jenny Durkan’s impotence and endless rationalizations for her city being destroyed were surpassed finally by her embrace of something called the “Capitol Hill Autonomous Zone (CHAZ).”  It was a haven for lawlessness in a broader jurisdiction of lawlessness.  Washington State’s chief eunuch, Jay Inslee, jabbered about protests and rights from the comfort and safety of the governor’s mansion in Olympia.

South of Seattle, Portland ignited.  Mobs took the streets.  Mayor Ted Wheeler wasn’t to be out-soyboyed by Jacob Frey.  Whereas Frey, like a conquered potentate, groveled before a BLM mob in Minneapolis to show contrition, Wheeler went into the streets seeking dialogue with the barbarians, only to suffer a tear gassing before retreating.  Oregon’s progressive governor Kate Brown jabbered about protests and rights from the comfort and safety of the governor’s mansion in Salem.

Do you see the pattern?  Blue states and blue cities alone have sunk into dystopia.  We can attribute some of this to Democrats’ gutlessness and moral desolation, but there’s more here.

One way of interpreting what’s occurring in blue cities is that anarchy creates vacuums, and power — goes the saying — abhors vacuums.  So, it’s a twofer.  Democrats have exploited COVID to push tyranny and have opened the doors to chaos to create the conditions for yet more tyranny.  Their Brave New World is comprised of zombie apocalypses as a precondition for Orwell’s Big Brother.

George Floyd’s killing sparked yet other opportunities to spew venom and lambast decent Americans as racists.  Only blacks (except defiant Larry Elders) and “woke” affluent progressive whites are exempt from the vitriol and coming recriminations — if the haters prevail.

Robert Reich has floated the idea of a “Truth and Reconciliation Commission” should Biden win.  That would be a redo of Soviet show trials and Mao’s shaming of Chinese during his Cultural Revolution.

In race matters, America itself doesn’t get a pass.  No, America was racist from its inception, that being 1619, not 1776.  The founders were nothing more than well-heeled white overlords.  Say Democrats and leftists, Americans must pay for the sins of racism.  Critical Race Theory is indoctrination through shaming and bare-knuckled intimidation.  It was being introduced in federal agencies and the military before the president took steps to halt it.

A Biden presidency dooms this nation to tyranny — or, more likely, protracted conflict.  How could patriots ever meekly surrender their God-given rights and the noble — and ennobling — ideals of our Revolution and founding?  Ronald Reagan made the case powerfully: patriots will not surrender.  Donald Trump is the only man standing between us and tyranny and conflict.

American Thinker: How to Prepare for a Communist Coup

Author Judith Acosta at American Thinker writes How to Prepare for a Communist Coup

Even as I write the title for this article, I wonder: Is that in fact possible? Can we be prepared for a hostile takeover?

The other day I was speaking with a friend about the ongoing insanity in some of our greatest cities: Seattle, Boston, NYC. We bemoaned the reappearance of the “democratic socialist” in the United States. It seemed incomprehensible to us—and horrifying, like a slow-growing metastasis or an insidious dementia.  I wondered how we could prepare ourselves for the eventuality of a horde of lunatics reaching our otherwise peaceful community or worse—occupying the White House.

With years of experience as a doctor of pharmacy in critical incident work, including 9/11, she was the right person to ask. I also knew that her understanding of these things had been shaped by having had a father who risked his life in the Dutch Resistance, survived and escaped three concentration camps, and lived to be liberated from Nazi Europe. He was a complex man with a two-sided nature: aloof and critical but also a hero, having sacrificed a good part of his health and emotional well-being in order to save Jews and Christians he didn’t even know.

I asked her a simple question: if you had a time machine and wanted to warn your father, or the Jews or Ukrainians in the late ’20s and early ’30s, what would you tell them?

Her response surprised me: “Keep your eyes open, look for the truth, don’t be afraid to speak up, keep the faith and trust in God.”

While I wholeheartedly agreed with her reliance on the Lord, my heart co-opted my tongue with the words I had expected to hear from her:  “I would tell them to run as fast as they can, now, get out, drop everything and come here, to us.” The image of a hen gathering her chicks with the shadow of a hawk passing overhead came to mind.

And in 1932, that was a blessed and real option. Today, for us, however, there’s no “us” anywhere else. Where would we go? France? The United States, the last great hope of millions upon millions of refugees, is under siege from within. It appears that in this world, as Americans, we really are on our own.

Now what?

Is there more than one way to be prepared? Is there any way to be truly prepared? The following are just some options.

Prepare by Arming Ourselves.

The first piece of legislation enacted after Hitler took power was the confiscation of weaponry in the civilian population.

He was a madman, but he was no fool. He knew that you couldn’t shove a well-armed populace into cattle cars or ghettos.  We know that the next step in Germany was to defund the police. The only weapons then were in the hands of goose-stepping soldiers.

In the Second Amendment of the Constitution our forefathers saw the danger of ever- consolidated power in an oligarchic government and they made the most important provision…resistance.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

This form of preparation is normally best left in the hands of younger people who have access to the wisdom of the experienced. Whether that’s possible given our current demographic status is the subject of another discussion.

Prepare by Building a Cache.

It is a common understanding that Mormons have a year’s supply of foodstuffs and other essentials in the basements of their homes. The toilet paper craze of 2020 has made the wisdom of their ways perfectly clear. Things we took for granted as ubiquitous can disappear overnight.

What to store? Tools, batteries, warm clothes, paper towels, candles, precious metals, freeze-dried foods, medicines, water, water and water. Have a list. Don’t forget a freshly-stocked backpack, cash or some other form of tender.  A subset: keep a percentage of your portfolio liquid and readily available.

Prepare to Take a Stand

At some point you will be called either to stand up for what you believe and what you know is right or to surrender. To take a stand, you may be required to lay down your life.

The stakes might just get that high. Take stock. Be honest. What do you stand for? What are you willing to die for? To live for? How important is liberty? How important is comfort? Consider an older call to stand in strength:

Who is going to harm you if you are eager to do good? But even if you should suffer for what is right, you are blessed. “Do not fear what they fear; do not be frightened.” 1 Peter 3:13-14

Prepare in the Spirit

This is, in my mind, the most important option. We are still one nation under God, whether or not it “trends.” It entails that we take the time now to cultivate relationships, spend time in prayer, and trust in the right things, which are overwhelmingly not in this world. On the geopolitical map in the natural world, we may be alone, but in truth we are not. We are held together and empowered by the Creator who really does know what He is doing. Even when we can’t see it…or understand it. And, when (or if) the time comes for us to show what we’re made of, we may be braver and stronger than we can imagine from our more comfy vantage points right now.

My friend’s father is a powerful example, even 70 years later. She shared a story she’d only recently learned from her elderly aunt.

Her father, who was about 18 years old at the time, had hidden the family car in a nearby woods, camouflaged by a thicket. He’d kept it so he could smuggle Jews out of Germany and into homes with hiding spaces. On one occasion, with lives literally and immediately in the balance, he arrived at the border between Holland and Germany only to be confronted by soldiers who demanded to inspect his papers. He told them in perfect German that the commander himself had given him his orders. The soldier said, “We need to see the orders. We’ll call the commander ourselves.”

Thinking on his adrenalized feet, he said, “You go right ahead. He’s in a foul mood. Better you than me.”

They let him through.

Can you ever be prepared for something like that? I don’t know.

My husband is sure that washing his car is a ritual that inevitably brings rain. Sometimes I have a similar idea about preparations…if you spend a lot of time preparing and have it all perfectly organized, nothing will happen.

I sure do hope I’m right about that.

American Thinker: The Coming Collapse of the Republic

From writer Selwyn Duke at American Thinker is The Coming Collapse of the Republic

 “We’re just one election away from full-blown socialism,” a man recently said to me during a short conversation. This sentiment has become increasingly common lately, even, notably, among the previously apolitical. Yet something is overlooked:

In keeping with President Reagan’s observation, “Freedom is never more than one generation away from extinction,” being one election away from tyranny means that not enough people noticed and took action when we were one generation away — or two or three.

Also perhaps overlooked is that being one election away from tyranny now means we’ll be one election away after the next election — whatever happens November 3. The point is that politics being downstream from culture (and, really, from morality, faith and philosophy), this isn’t merely a “moment.” It’s not a fashion. It won’t just pass. And we need be prepared for things to come.

I’ve often cited late Soviet defector Yuri Bezmenov, who in 1980s interviews warned of “demoralization” — an undermining of a nation’s morality that makes it ripe for leftist revolution — in America. As a young man in my late teens or early twenties at the time, I didn’t know about Bezmenov (no Internet back then). But I’d recently become more intensely “politically” aware and quickly realized, and began telling people, that the West and the U.S. were in decline and gravitating toward tyranny. Oh, I did realize the republic’s demise was decades away.

Now I suspect it’s years away.

General Michael Flynn, whom, it’s clear, was targeted by the Creep State for being a good man, just warned that if we don’t act, two percent of the people are about to control the other 98 percent. But I’m here to tell you: Long term, voting won’t save us.

Oh, for sure, get out and vote in November as if your life depends on it (because in a way, it does). But as was the case in 2016, a Trump victory and partial GOP control of Congress only amount to a “stay of execution.” The clock is ticking.

Moreover, President Trump’s re-election, like his election, would have to defy the odds. Along with traditional media bias — which a college professor determined aids Democrat candidates by 8 to 10 points every election (an underestimation, I believe) — there’s now social media/Big Tech bias. According to liberal psychologist Dr. Robert Epstein’s research, this factor can shift up to 15 million votes toward one party or the other (not an overestimation, I believe). This is enough to turn any modern election.

Add to this vote fraud and vote harvesting — the latter of which flipped conservative Orange County, Calif., from GOP to Democrat control in 2018 — and left-wing mail-in voting scams, and the picture is clear: Even if Trump wins, the chances of him having two simpatico Houses are slim. And if Trump triumphs but the Democrats hold the House and seize the Senate, there’s a good chance he’ll be deposed.

Really, though, focusing on this, the micro, is to not see the forest for the trees. An excellent high-profile commentator said a while back that this all (the current unrest, intensifying cancel culture, etc.) seemed to happen so suddenly. But only the spark, the George Floyd situation, and the fire were sudden, and something else could have triggered the blaze as well. The kindling, however, and the many-layered sea of morally dead and intellectually dry wood had long been burgeoning.

And the spark only catalyzed the firestorm because we’d reached a point of critical mass.

This is why what we began talking about in the ‘80s, political correctness, has metastasized into “cancel culture.” It’s why two people in two recent days — one a cop, the other an acquaintance — told me what’s plain: They, and everyone else, are afraid to speak their minds, fearing career and reputational destruction. It’s why social media censorship is intensifying by the month. An iron muzzle has descended upon America, and what can’t be spoken against can’t be effectively combated.

As I warned in 2012, there no longer is a culture war. “What is occurring now is a pacification effort.” Its progress is why corporate America, including the now-absorbed Chick-fil-A and NASCAR, has turned decidedly to the dark side (shifted “left”). It’s why prominent people, including Republicans such as Indiana senator Mike Braun, are bowing before terrorist group Black Lives Matter. It’s why mobs are enabled and good people hobbled for defending themselves from the mobs. It’s why we’re seeing a complete cultural collapse — portending a political collapse.

This is partially due to a new “woke” generation having entered the corporate sphere and others of influence. But what did you expect? The apocryphal saying (no, it’s not Lincoln’s) informs, “The philosophy of the school room in one generation will be the philosophy of government in the next.” Did you really think the Left could completely control academia for generations and that, somehow, it all would “stay in college”?

Leftists have also controlled entertainment, which could even be more significant. A (perhaps loose) paraphrase of ancient Greek philosopher Plato warns, “When modes of music change, the fundamental laws of the state change with them.”

Now, though, we have television and the Internet, whose effects I’ve examined, which dwarf music’s influence. Then there’s the aforementioned media (conventional and social). This culture-shaping media/academia/entertainment triad has long been leftist-controlled, the result of the long Gramscian “march through the institutions,” the rotten fruits of all our squandered yesterdays.

Being a culture-shaper also ultimately means, again, being a politics-shaper (and civilization-shaper), and this brings us to conservative rationalization. Even if we could somehow seize control of the media/academia/entertainment axis, sorry, it takes generations to thus reshape society, and the time for that was 60 years ago. That ship has sailed (and sunk).

Then there’s our 1965-born immigration policy, which, I’ve estimated, gives Democrats 300,000 new voters yearly, three million a decade. And when the Democrats assume full control, they’ll legalize the illegal aliens among us and open the floodgates further (goodbye, wall), giving themselves perhaps tens of millions of new voters in short order.

So Democrat presidential sock puppet Joe Biden, echoing the man whose name he couldn’t recall a while back (because echoes are all he has left), not long ago said we had to “fundamentally” change America. But that fundamental change has already occurred. Does the 2020 U.S. even remotely resemble its few-generations-back former self?

So the question isn’t what’s coming, but this: Will you be ready? When leftists take full political control federally, they’ll mercilessly impose their agenda as they always do. If you have no idea what that agenda is, you’re likely not reading this. But do know that it will be effected no-holds-barred.

For not only is there the critical-mass factor, but Machiavellian leftists have convinced their useful idiots, projecting all the way, that conservatives constitute a hateful, “racist,” fascistic, White Supremacist™ threat to civilization. They thus have an ideal pretext for iron-fistedly crushing opponents. When “Nazis” threaten your civilization, after all, you’re faced with desperate times requiring desperate measures, right, comrade?

So how do we proceed? This isn’t a defeatist screed. I’m not saying keep a cyanide capsule handy. But knowing tomorrow’s strategy requires knowing tomorrow’s battlefield. So what can be done when, after this election or the next, the federal government becomes a complete leftist Leviathan wholly unmoored from constitutional constraints?

I’ve long advocated nullification — meaning, in this case, the ignoring of unconstitutional federal and judicial dictates — something Thomas Jefferson called the “rightful remedy” for all federal overreach. This should have been embraced long ago (e.g., in response to the Obergefell opinion), but will become more conservative states’ only recourse in the not-too-distant future. Note, too, that we’d just be doing what leftists do with their “sanctuary” cities and their defiance of federal drug laws.

In this vein, you can’t win a contest being a “connedservative” who insists on fighting by Queensberry rules while your adversary operates no-holds-barred. Remember that, more and more, we’re living in post-constitutional and post-rule-of-law America. We’re now increasingly subject to the rule of men and, in the coming conflict, it’s only a matter of which men will win.

America is irremediably divided — if a marriage, she would’ve dissolved long ago — and the above resistance would, of course, make that division more official. This brings me to what I believe will be our fate…

Continue reading at American Thinker by clicking here.

 

American Thinker: Can the Union Endure?

In yet another article predicting either civil war or other dissolution of the United States, here is American Thinker take on where the US is going. Can the Union Endure? I think the author speaks with overconfidence on the ease of a conservative victory but there are other valuable tidbits.

At this point, Red and Blue America are not even speaking the same language.  We stand near the point of what divorce lawyers term “irreconcilable differences.”  In increasingly strident and self-assured tones, the Left believes it is morally superior, intellectually untouchable, and wholly justified in pursuing whatever extralegal, corrupt, or violent methods available to implement their ideology.

Talk of a breaking point has been circling conservative circles for some time, with three tangible options arising from the chatter:

1) continued focus on barely winning elections, appointing “conservative” judges that uphold Obamacare, keeping Arizona from going blue, etc.;

2) a “divorce” of sorts that peaceably divides the United States into permanent blue and red territories, or;

3) civil war…

Civil war in present-day America would not consist of professional armies mowing each other down across empty fields.  It would be a house-to-house, street-by-street massacre, more akin to Hotel Rwanda than the battlefields of the American or even the Russian and Spanish civil wars.

The majority of the fighting would be carried out not by professional armies, but by private citizens, vigilantes, partisans, ad hoc neighborhood units, and the like.  People on both sides would use the breakdown of order to settle private scores and commit crimes of opportunity.  Others would kill indiscriminately based on “offenses” such as voting records, yard signs, etc.

Schools would close.  Hospitals would become graveyards for the untreated.  Water purification plants, oil refineries, and transportation hubs would be sabotaged.  Even in red states, food and energy supplies would be unreliable.  Sympathizers would be targeted, mobs would destroy, and homes would burn.  Bombings that bedeviled Great Britain during the Troubles or present-day Afghanistan would become the norm here…

American Thinker: Democrats Are Pushing America into Civil War

In this short article at American Thinker, author William Gensert adds another voice to those talking about the possibility of another civil war and he, too, recognizes the danger growing in Virginia.

Democrats Are Pushing America Into Civil War

…Graciously, the left had given Americans the opportunity to do as they were told, and they refused, costing the Democrats the House, the Senate, and the Presidency in 2016.  There will be no more trying to rally Americans around to their way of thinking.  “The people,” going forward, are the enemy.  Because of that, the left will be forced to give us the government we “deserve to get… good and hard.”

When the enemy stands between those with blinding hatred in their hearts and the power they crave, there is nowhere else for them to go but to war.

There is just one problem with their strategy, Americans see what the Democrats have planned for them.  Americans understand what is coming.

They are coming for those who will not acquiesce to the left’s plans for America.  All that remains is how the people will react. Normal Americans have had enough — they are going to fight.

Trump can only do so much with the media and the Democrats in their entirety opposing him — so far, it’s miraculous how successful he has been against such odds.  The left’s tactics have changed, as we’ve seen in the recent actions in Virginia.  With the Democrats taking over the state government, the first legislation they have proposed for the next state legislative session is nothing more than gun confiscation.

Make no mistake, Virginia is a test.  Unable to depose the president, they will proceed on a state-by-state basis to create the nation they long for.  And disarming Americans is crucial for the Democrats as a first and necessary step, because an armed populace can say, “No!”

Will Virginians willingly give up their guns to the Democrats?  Some might. After all, Virginia is proximate to D.C. and many will obey.  Yet, many will not.  Virginia will be the future, because the Democrats will brook no dissent.  They will come heavy and hard and it won’t be long before there is gunfire, and someone is hurt or killed…

Click here to read the entire article at American Thinker.

‘You’re Fired, Judge’: Sanctioning Federal Judges for Bad Behavior

The subject of judicial misconduct having come up recently in local conversation, the following American Thinker article from last year provides some additional thinking/acting points.

The Constitution only allows federal judges to serve during “good behavior.” This “good behavior” limitation on judicial tenure derives from one of the oldest and most well-established legal principles of our founding and English legal history. This limitation on appointed officials holding office pervades our founding revolutionary-era state constitutions. It’s time for Trump to consider activating the power of the political branches to fire badly behaving judges. Time to drain the judicial swamp.

Recent Obama appointees, including associates of Obama since law school, earned the enmity of a wide range of legal and scholastic critics over their travel ban rulings. How bad was it? Even #NeverTrumpers and liberal lawyers came out in a chorus of condemnation against the Hawaii and Maryland judicial actions. #NeverTrump lawyer David French, lawyers at National Review, and liberal-leaning law professor Jonathan Turley each criticized the decision. Liberal Democratic law professor Alan Dershowitz noted that the judges would have never done this to Obama, even if the executive order was identical. Anti-Trump critic David Frum of the Atlantic criticized the decision. Even five Ninth Circuit judges, sua sponte, amended their prior statements to criticize these judges’ actions as without precedent.

Why the unison of condemnation? Because, as one law professor noted, much of the Hawaii judge’s actions were based on judicial acts of “misleading.” That’s polite, diplomatic, I-might-be-in-front-of-that-judge-someday way of saying that some of these anti-Trump, anti-travel ban judges were not honest. If private lawyers had acted the way these judges did, they could be sanctioned and could lose their license and livelihoods, be thrown out of court, or even charged with a crime. That is why Judge Alex Kozinski authored two amendments to his prior dissent to specifically criticize the basis of the Hawaii judge’s ruling.

What can Trump or Congress do about it, if they believe these federal judges exceeded their authority and engaged in disreputable conduct?

The Constitution provides two restrictions on the tenure of a federal judge: first, if they misuse or abuse their office, then the Constitution, under Article II, section 4, authorizes Congressional quasi-criminal remedies of impeachment. The impeachment provision applies to the President “and all civil officers of the United States” whenever their conduct constitutes “treason, bribery, or other high crimes and misdemeanors.” Historically, the latter provision has been rejected for purely private conduct. That is why both Alexander Hamilton and Richard Nixon were not impeached for either tax evasion or financial misdeeds, though both were accused of one or the other. Bill Clinton successfully argued against conviction on the grounds his perjury, though in office, derived from a purely personal matter, rather than a presidential one.

 The Constitution provides a second, separate restriction on the tenure of a federal judge: Article III of the Constitution limits a judge’s tenure to continuous “good behavior…”

Continuing reading the article at American Thinker by clicking here

The Heritage Foundation has its own brief essay on the good behavior clause .

…Still, both the language and the weight of historical evidence indicate that the Good Behavior Clause was intended to refer to life tenure rather than to a distinct standard for removal. However, just as the Good Behavior Clause reminds the other branches that the judiciary is truly independent, it also reminds judges that life tenure is not a license for the wanton or the corrupt. It is in this sense both a shield and a sword—an affirmation of judicial independence and a reservation for judicial removal.