Trump: Tyrant in the wings?

Op-ed views and opinions expressed are solely those of the author.

Is Trump Catiline redux? Are Trump and the Republicans plotting to end the Republic? A frantic Jonathan Chait fears so writing “The Horrifying Legal Blueprint for Trump’s War on Democracy; The John Eastman memo is a new high-water mark in Republican authoritarian thought” in New York magazine’s September 21 issue. Chait’s piece, however, reveals more of the “progressives” hostility to the traditional American nation than he realizes. 

Chait declares, “The memo, uncovered by Bob Woodward and Robert Costa in their new book, Peril, is significant both because of its author, a prestigious conservative legal scholar, and the horrifying ramifications of his argument, which would have likely spelled an end to the republican form of government that has existed in the United States since 1789.” Along the way Chait ignores Democratic Party efforts to thwart the election of George W. Bush or how Democrat Al Franken won his senatorial seat when uncounted ballots mysteriously appeared knocking off frontrunner Republican Norm Coleman. Vote conjuring is not unknown when Democratic candidates are behind. 

Chait and his publisher are long-time anti-Trumpers who will seize upon anything to make a headline proving that Trump remains an income generator for lefty media. That “republican form of government” Chait fears losing has been bashed by “progressives” for decades going back to Woodrow Wilson who found the constitution’s trammeling of executive power too confining and “unscientific” for a modern republic. Baker v. Carr, Reynolds v. Sims, Roe v. Wade, Obergefell, etc. subverted the 14th Amendment and vitiated the 10th  which clearly states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  That Pres. Biden’s mandates, or decrees from the throne, are beyond his authority is accepted without question. If there is a threat to a “republican form of government” it does not come from Trump who has stood for constitutional government as illustrated by the following: 

  1. Supported the 1st Amendment rights of the Little Sisters of the Poor against Obama care which sought to force their compliance with abortion mandates that violate Catholic teaching. 
  1. Supported freedom of the press. No Trump critic was ever silenced while supporters and Trump himself were shut off from social media. 
  1. Supported the Second Amendment.
  1. Supported the Tenth Amendment 
  1. Supported secure borders and immigration law enforcement.
  1. Supported originalist judges

For decades the Democratic Party’s gluttonous appetite for power at the national level has reduced the states to satraps, virtually abolishing the 10th Amendment because citizens of respective states will not acquiesce to progressive dictates. Obergefell is one instance, control over education is another. Chait is, one might accurately suppose, in favor of abolishing the Electoral College which, if it happened, would destroy the founders’ republican form of government, which he claims to support, by giving all power to the large states. Giving illegal aliens a path to citizenship, for which he criticizes Cong. Elise Stefanik for opposing by her pointing out the obvious, more Democratic voters, also violates black letter law in that malefactors cannot profit from their malfeasance, although that has never mattered to “progressives”. 

Chait ignored or dismissed Eastman’s more detailed comments on CNN. That Eastman cited Laurence Tribe as a supporting argument ought to have been explored to see the reasoning behind it and to see if Tribe is still of that opinion. Chait did not feature the more detailed memo in which Eastman gives background for his six points which contrary to Chait’s assertion that “the legal arguments don’t matter very much”, they matter very much indeed, and cannot be so cavalierly dismissed.  I have no opinion, but Eastman does raise the question of the constitutionality of the 1948 Electoral Count Act, a question that needs to be settled before the next election.

Asserting the honesty of the election is just argument by assertion.  Given states violated their own constitutions and election laws is a valid cause of concern regarding electoral integrity.  Time’s article setting out a strategy for defeating Trump through novel and questionable means gives credence to those questioning the election. Courts turning down Trump cases on procedural grounds, never examining the merits of the case, only led to increased suspicion of electoral honesty. Democratic resistance to recounts and audits didn’t help matters. Then there was the threat of violence from the militant left whose true colors were displayed with riots in the cities, the violence of the demonstration in front of the White House, and the arson at St. John’s.

Pres. Biden’s rampant disregard for the border and immigration laws, an inflationary economic policy, demonizing white Americans as white supremacists, decreeing unconstitutional mandates, and supporting HR1 to unconstitutionally deprive states of control of their own elections is the harbinger of authoritarianism and the threat to republican government, not an ex-president.

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William Layer

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