Trump reportedly discussed with the duo (Michael Flynn and Sidney Powell) Flynn’s idea of declaring martial law and having the military “rerun” the election — or, failing that, appointing Powell as a special counsel to probe (nonexistent) election fraud.
…Never before in U.S. history has there been a record of a president discussing a military coup to stay in office. Is there any doubt that if Trump could find any active-duty generals willing to carry out this plot against America, he would give it the go-ahead? In this instance, all that is preserving the Constitution is the military’s fidelity to the rule of law.
–Max Boot, “Trump saved the worst for last,” Washington Post, December 20, 2020 (3:24 p.m. EST).
President Donald Trump met with Michael Flynn on Friday, December 18, 2020, and reportedly discussed with him and Trump’s own advisers Flynn’s proposal that Trump use U.S. military capabilities to declare martial law and re-run the election in swing states that Biden allegedly has won. Max Boot, in the opinion piece cited above, suggests there could be little doubt that if Trump could get any generals to carry out this plot, he would give it the go-ahead.
Trump has been attempting a coup d’état for months, and in an undisguised manner since November 3 as he tries to overturn the election results.
He has led a vast conspiracy to overturn the results, pressuring state election officials, governors, and legislators to violate state law and refuse to certify elections, or even to find ways to throw out Democratic votes. He has also been pressuring U.S. Senators and Representatives to challenge Biden’s electoral college votes (and victory)—without any factual basis—-when the new Congress meets to tally and ratify the Electoral College votes on January 6, 2021.
He has, in a word, been attempting to overthrow the Constitution and the constitutional government of the United States.
That constitutes sedition, in addition to a number of state and federal felonies, including conspiracy.
He is unlikely to prevail if he invokes a self-pardon as a defense when he is indicted for these crimes by federal prosecutors. Even a straight pardon, e.g., by Michael Pence, would have no effect in any state prosecutions.
Trump would have a much better shot at escaping federal prosecution for federal crimes if he were to resign as part of a deal for a pardon with Pence.
Max Boot also notes that Trump was considering on Friday, December 18, the appointment of Michael Flynn’s lawyer, Sidney Powell, as Special Counsel to investigate the electoral “fraud” which Trump alleges resulted in Biden’s apparent election. Powell was once on Trump’s legal team under Rudy Giulianni, but was reportedly dropped because she was too crazy even for Giulianni and the White House.
Apparently, Powell’s status with the President has improved. She may be one of the last people left telling him what he wants to hear.
As for nominating Sidney Powell to be Special Counsel to investigate electoral “fraud” in the election, as the French would say, “Allez-y!”
Go to it!
As for the declaration of martial law and the military’s rerunning the elections in swing states, if Trump tries this we should at least learn a lot about his secret, classified, Emergency Powers.
Trump has not been succeeding in carrying out his attempted coup. As the clock runs down he is becoming increasingly desperate.
Trump does not want to spend the rest of his life in prison. But the walls are closing in.
He is apparently too crazed to act rationally, in which case he might be negotiating his pardon and resignation with Michael Pence. To avoid any surprises on the way to the airport, he would be well advised to resign from the Presidency only after he has successfully relocated to a secure haven from which he is not likely to be extradited.
His situation is not unique. His co-conspirators might consider the advisability of earnestly lobbying for a pardon while Trump is still in office, and themselves traveling abroad to a secure relocation venue. If they coordinate their efforts, they could land with Trump in quite advantageous circumstances in the Bahamas, Russia, or China.
If they act quickly, they might even secure deep discounts on condos at a new Trump Tower to be built in the Bahamas, which has strong advantages being near Mar-a-Lago in Miami, or in Russia or China where the real-estate and other business opportunities may be even greater.
In short, if Trump wants to appoint Sidney Powell to be a Special Counsel to invesigate fraud in the election, “Allez-y!”
If he wants to declare martial law and have the military redo the elections in swing states, good luck with that.
See the excerpt below, from an earlier article, on the appointment of Lloyd Austin to be Secretary of Defense.
Should Trump’s mind turn to his likely future after noon on January 20, 2021, he might want to start studying the issues raised in our series, “Where can Trump go to escape the law?”
1) “Where can Trump go to escape the law? Russia?” The Trenchant Observer, October 17, 2020.
2) “Where can Trump go to escape the law? China?” The Trenchant Observer, October 21, 2020.
3) “Where can Trump go to escape the law? The Bahamas? The Trenchant Observer, Updated December 17, 2020.
4) “Where can Trump go to escape the law? Will he make it to the airport?” The Trenchant Observer, December 12, 2020.
The clock is ticking.
The Trenchant Observer
“Biden’s mistakes in appointing cabinet and top officials suggest he will be a transitional President,” The Trenchant Observer, December 13, 2020.
In this article, the Observer notes that while Lloyd Austin does not appear to be the most qualified candidate to be Secretary of Defense, there is one consideration, if it entered Biden’s thinking, that would make him an excellent choice:
There is, however, one possible consideration that could have weighed in Austin’s favor in Biden’s thinking. If Biden were concerned about the possibility of Trump’s involving the military in his attempted coup d’état, the choice of Austin would make eminent good sense.
Should Trump attempt to resort to the use of federal troops in his remaining days in office, an incoming Secretary of Defense of Austin’s stature, and even race, could stiffen the spines of any military officers and soldiers who might be ordered to take actions which violate the Constitution.
Aside from this consideration, Fleurnoy would appear to be by far the stronger candidate.