Saturday, October 29, 2022

January 6, Insurrection, and the Corruption of Political Discourse

 

I am concerned with the way political conversation has degenerated. I am also concerned with how a Christian responds to that conversation. I begin with some background on the way I think our minds deepen and broaden our experience. I will then apply it to the danger is see for our public discourse. In a certain way, the soul of the nation is at risk, and in a democracy, the people need to be engaged in what is happening. I will use the event of January 6, 2020, to shed light upon the danger I am sensing. This reflection is from one minor participant. 

            One way to think of the process of intellectual development is as a continual movement between self and world. We are learning who we are and can be through our engagement with the world. As we mature, our experience of the world keeps broadening and deepening, so our experience of self keeps broadening and deepening as well. This movement between self and world involves heightening the difference between self and world, for we are engaging that which is not us, our opposite, to mature into the authentic self we hope to be. The encounter with that which is different from us generates creativity of thought and emotion. The pressure of the negative, the different from us, deepens and broadens our minds. The power of the negative is that it holds out the possibility of reconciling the opposition we experience between self and world. The tensions we experience because of the difference between us and world find some form of resolution in the healthy and mature person, even though the restlessness of the mind will perceive the pressure from new oppositions that will further the process of deepening and broadening the mind. Understanding the process of mind in this way assumes an underlying rationality in the way a set of assumptions encounters their opposite. 

            My exploration here focuses upon the encounter that occurs between persons. This understanding of the mind assumes well-intentioned opposition or difference in the other person whom we encounter, meaning here the respect for the self-worth and dignity of the opposition. It also assumes that the continuing presence of this opposition or difference is a good for society, regardless of how deep the difference. This difference could occur within various spheres of society. We see it in the variety provided by the economy, the variety of moral choices available, and the variety of religious options, all of which arise from the human desire for a flourishing or happy human life.

            My focus here is the encounter in the public square of political and ideological difference. At its best, the encounter with the negative, meaning that which is different from the ideological stance we have embraced, is a positive and optimistic encounter, as we engage in a respectful discourse and debate around the role of government in our lives at national, state, and local levels. As an ordered society, elections provide a temporary resolution of the difference, but the next election may shift that resolution into another direction. Governing often requires some reaching across the aisle to attain a result partially agreeable to both.

            Here is the question I am pondering. What if an historical moment arises in which you as one who opposes their ideas become a threat to democracy, a promoter of racism and bigotry, have a hidden hate of women, are fascists, and are therefore a threat democracy?

            To engage the negativity presented by the pluralism and even tribalism of this historical moment requires commitment to rational discourse. I believe that commitment can lead to a deepening and broadening of our intellectual capacity to handle different and maintain respect for the other. 

            Here is the problem I am seeing. When one side within this historical moment places itself in a pure power equation, rational discourse that arises from mutual respect of the other disappears. All that matters to that side is who has the power to impose its views upon the other in an attempt to obliterate the other. This side will not view itself as totalitarian, since it is not locking people in prison, but given the technology available, there are many ways to silence or render ineffective any opposition to one’s own perspective. In this sense, those who once embraced a form of classical liberalism grow tired of the rationality that democratic institutions require.

            My debatable suggestion is that the progressive opposition has become tired of rational discourse with the conservative. My suggestion is also that conservative opposition has not given up on rational discourse. The problem I am seeing is that progressives are placing the public political debate outside the normal reconciliation processes of the mind. 

            I want to test a thought that has been brewing in my mind. I guess I understand that in political discourse there is some satisfaction one receives, by ascribing superior intelligence to oneself, in declaring that half the voters, your political opponents, are crazy, fascist, racist, and a threat democracy. I refuse to be that devoted to my political ideology, however. I still think that those with whom I disagree deserve my respect.

            I want to use a test case in the charge of insurrection arising out of January 6, 2021. An insurrection is an organized attempt by a group of people to engage in a rebellion against their government, usually manifested in acts of violence designed to attain control of the government. I grant that America may need to go through its own post-modern version of insurrection from either the Left or the Right, not knowing what the result of that path will be. It may well mean that such a process of differentiation is necessary to rediscover a common desire for human flourishing and a respect for differing rational conclusions. However, at this point, to suggest that this is what Trump had in mind is a conspiracy theory of large proportions. I am not inclined toward conspiracy theories, so my mind goes toward the motivation behind those making the accusation. Why would they engage in such deceptive, lying rhetoric regarding the opposition? Why would they label Trump and those associated with him, such as Ben Carson, Nikki Haley, and many others, as engaged in such activities? This is a dangerous use of language that tends to hook the anger of those who believe it. Such anger naturally leads to acts of violence, as Jesus pointed out in Matthew 5:21-2. Why poison the public square with such explosive language?

In 1954, four Puerto Rican terrorists attacked the Capitol. Unlike those who got inside the Capitol building two years ago, the 1954 terrorists were armed with guns. The four opened fire from the House Gallery, wounding five lawmakers: Reps. Alvin Bentley, Ben Jensen, Clifford Davis, George Hyde Fallon, and Kenneth Roberts. In 1971, a domestic terrorist group, the Weather Underground, bombed the Capitol, causing $300,000 worth of damage. Luckily, no one was killed or injured. The so-called Weathermen returned in 1983 and set off another bomb that “tore through the second floor of the Capitol’s North Wing,” according to the Senate’s history website. There were no fatalities. As for January 6th arrests, not was convicted of insurrection and some were charged with sedition.

The term “insurrection” has a specific legal definition under the U.S. Code (U.S.C. 2383), which says:

 

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than 10 years, or both; and shall be incapable of holding any office under the United States.

 

According to Biden’s own Justice Department, none of the 950 arrested in connection with the riot was charged with insurrection.

Prosecutors did charge 50 defendants with conspiracy, and four have been convicted of seditious conspiracy. The other conspiracy-related charges were conspiracy to obstruct a congressional proceeding, conspiracy to obstruct law enforcement during a civil disorder, or conspiracy to injure an officer. 

Seditious conspiracy (under U.S.C. 2384) is defined this way: 

 

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than [20] years, or both.

 

            The argument is that Jan 6 was legal “incitement” when Trump told rally-goers to walk to the Capitol and “peacefully and patriotically make your voices heard.”  I assume this means that the words “peacefully and patriotically,” were a secret signal, meaning, “commit wanton acts of violence for no purpose whatsoever.” Thus, with these words, I am not convinced that he was trying to stop the peaceful transfer of power. He and most of the crowd were present to protest peacefully. He was not attempting to stay in power after he had lost. He was not trying to drive a stake through the heart of American democracy on that day. We did not almost lose our democracy on Jan 6 and saying so repeatedly just reminds those who are conservative that progressives will say anything, including using hateful speech, the arousal of anger, and deception, to let other progressives know they really hate Trump and really hate conservatives and are loyal soldiers in the progressive movement to transform the culture. It has also meant that they will not condemn any act of violence when directed against those they claim are part of an insurrection.

            The Washington Post, one of Trump’s most ferocious critics, completed a stunning investigative report back in January quoting distinguished prosecutors, defense lawyers, law professors, and judges on whether our country’s former chief executive could be criminally charged for any of his actions on Jan. 6, 2020—or even on days leading up to that event. The verdict: The Justice Department would find it difficult to get an indictment and even more difficult to get a conviction. The Post reported that the legal experts to whom reporters talked believe that much of what Trump’s critics have accused him of has traditionally been protected speech by the First Amendment. 

2000 Mules is a 2022 American political documentary from controversial political commentator Dinesh D'Souza. He is a passionate believer in the conservative cause and in the notion that the 2020 election was stolen from Donald Trump. His passion and commitment skewed his vision of what happened. He wants to see the election as stolen so badly that he sees it there. He connects dots and sees patterns, but in this case, all this was in his mind. The film claims unnamed nonprofit organizations associated with the Democrat Party paid "mules" to illegally collect and deposit ballots into drop boxes in the swing states of Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin during the 2020 presidential election. A Reuters article explains the gaps in evidence in the documentary. In addition, when any evidence has been presented before the courts, the evidence falls short of the legal standards for proof. I do think many practices of elections as conducted today open the door for fraud in close elections. There is some fraud in every election. If it were up to me, we would go back to elections occurring on one day. We have learned that Democrats through the money of Zuckerberg, AFL-CIO, and Chamber of Commerce, got out the Democrat vote in the swing states they needed, much as Trump did in a separate way four years before. 

            I want to be clear, and in doing so I will risk making conservatives who support Trump upset with me. Jan. 6, 2020, was the worst day of the president’s term. The rioters were some of his most devoted followers and had been stoked by the president’s unproven claims that voting machines had been rigged to give Biden the victory. And no matter how much Trump may proclaim that he won the election, neither the constitution nor the Congress empowered his vice president to unilaterally prevent Biden from becoming the 46th president. Trump’s behavior is often deplorable. Trump was reckless. In the early hours of the next day, Trump tweeted an invitation to a rally in his support set for Jan. 6, ending with the words: “Will be wild.” In one clip from his deposition, Cipollone said he believed that once the Electoral College voted on Dec. 14, 2020, all of Trump’s legal options were closed. But Trump was frustrated with the White House lawyers, Giuliani said. “You guys are not tough enough,” Giuliani recalled Trump saying.  “You’re a bunch of p—–s. Excuse the expression. But I’m almost certain that was the word that was used.” Cipollone also said during the deposition that he told Trump that seizing voting machines “is a terrible idea.” “I don’t even know why I need to tell you why that’s a bad idea,” Cipollone recalled saying. Trump seemed not to act quickly enough when the rioting at the capitol occurred. I would argue that he showed himself to be a man who does not have the moral qualities or moral judgment to lead this nation. He was wrong to tell those gathered on that day that he really won the election, and the Democrats rigged the election. Trump never conceded the election, to my knowledge, another example of his deplorable and reckless behavior.

            Despite all this, Alan Ryskind said that the Washington Post conducted a stunning investigative report quoting respected and impartial legal experts that Trump was not obviously guilty of any criminal act on Jan. 6. Not one. The Post took every major accusation tossed by Trump’s political enemies—including Rep. Liz Cheney, R-Wyo.—and had an answer for each charge. 

            To be clear, what happened on January 6, 2020, was not a good thing for the country or for conservatives. 

            However, the use of that event to label conservatives as a danger to democracy is a greater danger to democracy than any action on that day. As Roger Kimball put it, the Jan 6 committee is a “model trial,” wherein the “aim isn’t to discover the truth—which was supposedly already known—but to stage a propagandist exhibition.” Progressives are showing the conservatives their intolerance and totalitarian nature through their words and actions in this regard. We need to have open ears and listen and open eyes to see what is before us. Of the more than 100 subpoenas issued by the Select Committee established to probe the Capitol riot, less than 10 percent, according to a Federalist analysis, have targeted individuals directly involved in the chaos. The rest has gone after Americans who committed the now-apparent crime of holding a peaceful demonstration at the White House and espoused unacceptable views in the eyes of the incumbent regime. 

            Yes, Trump is wrong for claiming the election was stolen. In this regard, the Democrats were wrong as well. Were they engaging in criminal behavior? 

            Beginning with George W. Bush’s victory in the 2000 presidential race, Democrats have contested three Republican victories in the 21st century, with two Democrat House members opposing Trump’s victory on the grounds that the Russians had illegally interfered in our elections. As Mollie Hemingway put it so well: If claiming elections were stolen were a crime, the entire Democrat Party and much of the media establishment would be in prison. The last time the Democrats completely accepted a presidential election they lost was 1988. 

Hillary Clinton repeatedly declared Trump an “illegitimate president,” and claimed that 2016 was “not on the level” and “stolen.” She is by the definition Democrats embrace an “election denier.” As are Joe Biden, Kamala Harris, John Kerry, Al Gore, the late John Lewis, the late Harry Reid, Paul Krugman, Jerrold Nadler, virtually the entire Washington Post editorial page, Time magazine, every other major media outlet, the White House Press secretary Karine Jean-Pierre, former DNC chairs, and scores of others. Democrat operative Jon Karl interviewed Liz Cheney, who promised to work against “election deniers,” people who do not “respect the outcome of the election.” Among the people Cheney will reject are Ron DeSantis and Ted Cruz—neither of whom, as far as I can tell, deny that Biden is the legitimate president of the United States. That is not enough anymore. Do Democrats believe Trump won 2016 squarely and fairly? Mere months after Biden said the 2022 midterms could “easily be illegitimate,” but later claimed, “We honor the will of the people. We do not deny it.” Biden’s current press secretary, Karine Jean-Pierre, along with many other Democrats, explicitly rejected the will of 63 million people in 2016 when they realized that will was for Trump to run the White House. Democrats in Congress not only tried to block the certification of Trump’s election and every GOP election this century, something they accuse Republicans of doing in 2020, but they campaigned on and continue to campaign on the delusion that Trump “stole” the election and was an “illegitimate” president. More Democrats denied that Trump won the 2016 election than people who claimed Biden was not legitimately elected in 2020. One in three House Democrats boycotted Trump’s inauguration celebrations in 2017. The Washington Post giddily bragged about various groups formed to impeach Trump in his first days in office, on the pretext he was illegitimately elected. Rosa Brooks, an Obama administration Pentagon lawyer, less than two weeks after Trump’s inauguration wrote a long denialist essay in Foreign Policy outlining a strategy to remove the illegitimate president. She discussed the options of impeachment, the 25th Amendment—and even a military coup. Time magazine’s Molly Ball in a triumphalist essay bragged that in 2020 a combination of Big Tech money from Silicon Valley—fueled by Mark Zuckerberg’s —absorbed the balloting collection and counting of several key voting precincts weighed to help Biden.

            Democrats, however, are trying to use the House select committee, whose sole purpose is to find out what happened on Jan. 6, to prosecute the former president and his advisers for a crime they have yet to discover. The damage to the country and even the world caused by that false and damaging stolen-election claim — which, again, was the result of a plot, secretly funded by the DNC and the Clinton campaign, with allies in the FBI and CIA — was far greater than the one-day riot at the Capitol, or even the months-long Democrat riots during 2020 that destroyed cities, businesses, homes, monuments, and peace. This is not “what-about-ism,” but a matter of equally applying the law.

            It seems that slurring half the voters of the country with the label of insurrection and of being a threat to democracy is okay for the progressive community, given that Biden can call those who remain loyal to Trump semi-fascist. 

 

•   Yet Biden is the one without constitutional authority to remove some $500 billion in student loan debts— the single largest executive action in American history.

•   He illegally tasked his Occupational Safety and Health Administration with forcing vaccines on some 80 million people because of a “public health emergency”. 

•   He used his Centers for Disease Control and Prevention to try to propagate an eviction moratorium on the same basis. 

•   He bragged in July that he will reshape the American economy on his own if Congress does not act to forestall a supposed “climate change emergency.”

•   He could refer to many in the Republican Party of being “a threat to the very soul of this country.”

•   He has illegally failed to secure the border.

•   He has failed to confront the violence plaguing American cities, most run by fellow Democrats.

•   He has adopted policies that have destroyed the wealth of many retired persons, led to inflation, and increased dependence upon authoritarian regimes for oil rather than expanding our production of oil to serve a questionable crisis related to the environment. 

         

            We may well need to be concerned with the soul of the nation. That soul has included the recognition of valid and rational opposition to those who temporarily through the electoral process have gained political power. 

            Here is the danger I see. The continuing accusation of semi-fascism and insurrection has become a way to dismiss millions of voters as an irrational threat to the nation. To dismiss the votes of millions of Americans in this way is to refuse to hear the genuine concerns behind them. Those concerns are not oriented to fascist and racist beliefs, but to a concern for liberty, for continuing respect for the founding of the nation, for respect for traditional and religious values, and for the sense that Washington DC has fallen out of touch and is corrupt. Many will vote for the most conservative candidate on the ballot. Many are concerned with the effect of illegal immigration. Many want a smaller federal government with less regulatory influence upon their lives. Many have concerns for the cultural, economic, and political elites in that they have little concern for the average American. Many were disengaged because of the feeling of alienation from the institutional life of the country. Accusing such persons of semi-fascism and insurrection lifts the burden from the progressive from engaging the opposition with rational discourse as to the direction of the country, by seeing only their comprehensive world view as viable. The use of the human language to deceive, lie, and an anger that leads to violence is a threat to the soul of the nation. Thus, the nation may well be experiencing its own dark night of the soul, a period of ignorance and spiritual crisis. 

            Yet, I do have a hope for the nation. Political leaders could recover the insight that we broaden and deepen the soul of the nation through respectful difference with the opposition. My further hope is that out of suffering have emerged the strongest souls for, as Paul put it: "We are afflicted in every way, but not crushed; perplexed, but not driven to despair; persecuted, but not forsaken; struck down, but not destroyed; always carrying in the body the death of Jesus, so that the life of Jesus may also be manifested in our bodies (II Corinthians 4:8-10 [ESV]).”

No comments:

Post a Comment