On the Failed Insurrection by Domestic Terrorists

Its been a little over a week since the United States Capitol –the most sacred building and most well-known symbol of American democracy– which was holding a joint session of Congress to certify the 2020 presidential election results, was attacked by an unholy alliance of far-right groups: white supremacist groups, QAnon conspiracy groups, and by extremist MAGA cult followers. The one thing neo-Nazis, Confederate sympathizers, and MAGA cultists all have in common, aside from their ignorance and bigotry, is Donald Trump.

They were brought to Capitol by Trump and his co-conspirators. Since losing the election, Trump has tried every legal avenue available to contest the election results.  Despite losing in the contested states, losing every court case, and having the election results certified by every state in the country, they spewed their dangerous propaganda: the election was rigged by widespread voter fraud. Remember, Trump said months before the election that if he didn’t win, the election was rigged. Trump never conceded the election, which all but ensured there would be no peaceful transition of power. 

Of course, there was never a shred of evidence to support any widespread voter fraud. It was all a lie. Trump’s lawyers didn’t make a single legal argument of voter fraud in any of the dozens of local, state, and federal courthouses they appealed to. And yet, the right-wing “news” media and the social media platforms pushed this lie without having any basis in reality. With every case lost in court, they didn’t and couldn’t accept the inevitable: Trump lost and it wasn’t even close, despite the record turnout. 

Trump and his sycophants lured a crowd to Washington on the date Congress was constitutionally bound to certify the election results. In the days leading up to the event, people like Ted Cruz compared Trump supporters to the “patriots at Bunker Hill” and “Valley Forge.” On the morning of January 6, Rudy Giuliani inflamed the crowd by saying the members of Congress who wouldn’t overturn the election would face “trial by combat.” Donald Trump, Jr. said they were stealing the election and taking away their country. Trump went on with the “stop the steal” theme and told his followers they had to be “strong” and that they were never going to take back their country with “weakness.” Trump continued his incitement, “And we fight. We fight like hell. And if you don’t fight like hell, you won’t have a country anymore.”

They used this language like a Mafia crime family giving a kill order to incite the crowd. Instead of “I need to kill this person,” they say “I need you to take care of this person.” Michael Cohen, in his congressional testimony a few years ago, said this is how Trump gives an order with criminal intent. He implies what he wants done but never directly says it.

This wasn’t some spontaneous peaceful protest that organically got out of control. It was a planned and coordinated effort to threaten, take hostage, and likely kill members of Congress who weren’t willing to break their oath to the constitution and essentially anoint Donald Trump as America’s first dictator. Make no mistake: this is the exact opposite of a democratic process –it’s American fascism.

The rabid mob laid siege to the Capitol Building. They broke through the suspiciously-light security and eventually breached the Capitol perimeter. One of the Capitol police officers was murdered with an American flag. One group was on scaffolding trying to replace the American Flag with a MAGA flag. 

As chaos reigned outside, Vice President Pence was ushered off the Senate floor. The crowd was calling for Pence to be hanged. They even constructed a gallows just outside the building. The mob stormed passed the last lines of defense and made their way into the Capitol rotunda. By then, most members of Congress had been brought to an undisclosed location inside the building. As the mob was inside the building, Trump, who was reportedly “enthusiastically” watching the event unfold on TV from the White House, refused to activate the National Guard. It was Vice President Pence, Speaker Pelosi, and Senator McConnell who intervened to activate the National Guard. 

The mob had their way with the building. They destroyed property, ransacked Democratic members’ offices, took selfies and live-streamed the anarchy, and some hunted for members of Congress with zip-tie handcuffs in hand and with guns holstered to their hips. 

The full picture of what exactly happened is still being uncovered. How was the Capitol left so vulnerable? How did the mob know where to go when inside the notoriously difficult to navigate Capitol? Why did Trump make last minute changes to the Pentagon just a couple weeks before the attack? Why did some members of Congress report seeing what looked like “reconnaissance tours” being given by some Republican members of Congress the day before the attack? Why did some Democratic members of Congress have their panic buttons removed from their offices before the attack? We’ll understand how deep the plot against America truly was in the coming days, weeks, and months.

Congress reconvened later on in the night of January 6 to certify the election. Despite just having had an insurrection, some members of Congress still spoke of the importance of “free and fair” elections, implying this election was not free and fair. Their rhetoric was of course toned down to protect themselves. Hours and days earlier, it was a “rigged” and “fraudulent” election. Many Republicans, like Jim Jordan, still refuse to say the election wasn’t rigged or fraudulent. These are the same Republicans who threw fuel into the fire Trump started. They’re now being referred to as the “Sedition Caucus.” 

Just days after the January 6th insurrection, the House voted to impeach Trump a second time for inciting an insurrection. Trump’s not only the first president to be impeached twice, but he’s the first president to be impeached for inciting an insurrection. The Senate will hold a conviction trial after Biden is sworn into office. If Trump is convicted, he’ll never be able to hold public office again. If he’s not in prison in 2024, and isn’t convicted by the Senate, the 14th Amendment may still prevent him from ever holding office for being guilty of sedition. The same applies to any public officials who gave “…aid or comfort to the enemies…” 

There have been only a few events in American history that resulted in a sudden paradigm shift. The Empire of Japan attacking Pearl Harbor on December 7, 1941. Al Qaeda flying commercial airliners into the World Trade Center and the Pentagon on September 11, 2001. All of these attacks came from the hands of foreign enemies. They were paradigm-shifting events: the world was a very different place on September 12, 2001. 

The insurrection on January 6, 2021 is also a paradigm-shifting event. It came from within. There’s a reason the founders drafted the oath of office as supporting and defending “the Constitution of the United States from all enemies, foreign and domestic.” Anyway you look at it, this was a coup attempt –at best, a passive coup and at worst (and most likely) a coordinated coup from the top down. 

The mob who stormed the Capitol are traitors. America is a democracy, which has held for over 240 years. January 6, 2021 was the closest we’ve ever came to losing the democratic republic we’ve been fortunate enough to inherit. Just think of the millions of lives that have been lost defending our freedom and our democracy for generations. All the blood that has been shed, orphans created, and family’s shattered to protect and defend our democratic values and ideals. This wasn’t just an attack on the Capitol. This was an attack on all of us. It was the People’s House that was stormed. It was our elected officials who were terrorized and hunted down.

The MAGA and Trump flags may have been a symbol of bigotry, ignorance, and cult of personality, but it’s now much more sinister than that. On January 6, 2021, it became a symbol of treason and will remain so until the end of time. It’s now officially synonymous with the Confederate flag: a seditious faction that betrayed and threatened American democracy. You may not have been part of the insurrection, but if you brandish that flag in a post-1/6 world, you’re supporting treason.

We’ve entered a new era of American history some time ago, which this event underscored. It’s not especially shocking to some that the insurrection happened. I’ve been writing for years now saying how much of a threat Trump is to our national security and American democracy. I’ve said many times Trump would not go quietly. For those who are students of history and those who are well-informed citizens, this was not as shocking of an event as it should have been. The writing has been on the walls for some time. However, I never thought it would have unfolded the way that it did. I never thought we’d stare down the abyss for hours, unsure of how it would all unfold.

The FBI has warned of threats in all 50 states and another planned attack in Washington D.C. I frankly won’t breathe even a small sigh of relief until President-elect Biden is safely sworn in, Biden can appoint trusted and competent officials to our government agencies, and we begin the process of figuring out where we go from here. These domestic terrorists have stained our democracy, but they haven’t broken it. That was proven when the Congress reconvened and voted to certify President-elect Joe Biden as our next president. They failed and democracy sustained. The next time we may not be so lucky, which is why we need to ensure through executive and legislative actions that this will never happen again.

John Adams, the second president and the first president to peacefully surrender the power of the presidency over to a member of an opposing political party, wrote the following on the fragility of democracies:

“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.”  

Declaration of Distress

On July 4th, Americans celebrate their independence and liberty. The Declaration of Independence asserted the colonist’s independence from the tyrannical rule of the British Empire. The declaration created the platform for the Constitution of the United States, which formed three co-equal branches of government. Today, the constitution is in a state of perpetual crisis. Donald Trump has repeatedly betrayed his oath of office: to defend and protect the constitution. And as a result, we’re now on the brink of tyranny.

A brief history of America’s origins


It’s been 243 years since the Declaration of Independence was adopted by the Second Continental Congress. At the time of the signing, the American Revolutionary War was well under way. Thirteen separate colonies banded together in a state of rebellion against the British Empire. 

The colonists viewed King George III as a tyrannical monarch. They didn’t have control over their own affairs, so they rebelled against the greatest empire the world had ever seen. The colonies were united by war, but they weren’t yet an independent, sovereign power. 

The Declaration of Independence was their formal assertion of self-government, breaking their political bands with Great Britain. A significant portion of the document cited specific grievances against King George III. Through history, the grievances have been eclipsed by the powerful prose written by Thomas Jefferson, which made the document a mission statement for what would become the United States of America. Jefferson, with some mild editing by Benjamin Franklin, created the American creed:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” 

Some years later, against all odds, the war was won and America became an independent player on the world stage. They created a system of self-governance by framing and adopting the Constitution of the United States. The constitution formed three co-equal branches of government, as well as a Bill of Rights to ensure its citizens would have guaranteed civil liberties. 

While the declaration spoke of liberty and equality, and the constitution implemented those ideals, the reality was different. These rights didn’t apply to everyone. There were millions of African-Americans enslaved, a sinful hypocrisy the founders were well aware of, but didn’t do anything about. America’s original sin of slavery continued for nearly a century. Abraham Lincoln initially put an end to slavery with the Emancipation Proclamation during the Civil War, though it wasn’t until the passage of the 13th Amendment to the constitution that slavery was banished. During Reconstruction, the 15th Amendment was passed, giving black men the right to vote. A half-century later, women were granted the right to vote with the passage of the 19th Amendment. 

The constitution is an imperfect document, which is why amendments are needed. It’s survived as long as it has due to its separation of powers, checks and balances, and its ability to adapt. If the branches of government cease to be equal, we’re no longer living in a system of self-governance, as described in the Declaration of Independence –we’re living in a state of tyranny wearing the mask of a democracy.   

Where we are now


Donald Trump has unilaterally decided to throw a “Salute to America” parade on this July 4th. This isn’t an innocent parade to celebrate our independence, it’s a military parade –the likes of which we’ve never seen before in peacetime. The only thing familiar about a military parade to Americans is from the images of foreign dictators exerting their power and displaying their military prowess. 

Trump is parading the military to assert his authority. It’s not a “salute to America,” it’s a salute to himself. Millions of taxpayer dollars will be spent by Trump to stroke his ego and put non-MAGA citizens on notice: attempting to instill fear in those who oppose his authority and question his legitimacy.

This is yet another step away from a democracy and a step toward tyranny. Trump is a false president reigning over a false democracy. He’s being aided and abetted by a defunct Republican Party. Republican members of Congress are unwilling to hold Trump accountable out of their own political self-interest. Some members piggyback on Trump out of opportunism, while others fear losing their congressional seats from a MAGA backlash. One way or the other, they’ve broken their oath of office to protect and defend the constitution.

MAGA supporters call themselves the “silent majority,” but the numbers shows they’re truly just a loud minority. As of July 3, Gallup’s polling data shows Trump’s approval rating at 41%. The majority of Americans (54%) disapprove of Trump’s job as president.

So, on this Independence Day, rational-minded Americans need to meditate on the fact we’re being led by a man who thinks the constitution –the law– doesn’t apply to him. We need to accept the fact there are millions of MAGA supporters who not only find no fault in Trump’s vile and malicious behavior, they relish it. And we need to understand that the right-wing media apparatus is spreading propaganda to millions of MAGA supporters who accept it as fact. 

This is not the system of government the founders framed. If Trump is going to defy the other co-equal branches of government without consequence, then we’ve already checked out of our democratic republic and checked into the early stages of a dictatorship. 

The future of America’s system of self-governance rests on the shoulders of true patriots who choose liberty over tyranny. Remaining silent, not voting, and not voicing your concern to your elected representatives is the same as casting a vote for Trump. As Dr. Martin Luther King, Jr. once said, “The ultimate tragedy is not the oppression and cruelty by the bad people but the silence over that by the good people.” 

Propagandist-in-Chief

Last week’s article, Weapons of Propaganda, laid out the differences between disinformation and misinformation and its negative consequences on our democratic society. This week, Donald Trump has put the ideas and words of last week’s article into action. This isn’t something new; Trump engages in propaganda on a daily, sometimes hourly, basis. However, it’s important to take note of these deceptions as they’re happening.

The Winds of Impeachment


The winds of impeachment have been picking up in the Democratic Party, specifically in the House since it’s the House that must initiate the impeachment process. Nancy Pelosi, the Speaker of the House, has been wary of starting the impeachment process. She hasn’t ruled it out, but has been reluctant to move too quickly. It’s not that she thinks Trump shouldn’t be subjected to the impeachment process, it’s the political calculus involved with an impeachment that she’s concerned about.

“If you come at the king, you best not miss,” is a quote from Omar Little, a character from David Simon’s masterpiece HBO series, The Wire. The substance of the quote is something that’s been at the forefront of Pelosi’s mind for awhile now. She’s aware that impeachment will be divisive for the country. She fears the possibility that impeachment hearings could garner public sympathy for Trump, as we’ve seen during the Bill Clinton impeachment process. This could have a negative effect on not only the 2020 presidential election, but also the 2020 congressional races.

However, the idea of Trump being viewed as a sympathetic figure by the American public has been disputed by many experts and analysts. Clinton’s Articles of Impeachment were founded on an inappropriate relationship with a White House intern. Most of the public viewed the Clinton impeachment as a political overreach. The case for Trump’s impeachment is much different both in substance and scope.

With the release of the redacted Mueller Report, which laid out nearly a dozen instances of possible obstruction of justice committed by Trump, there’s been an increase in congressional investigations in the House. The House has been trying to perform their oversight responsibilities, yet the Trump administration has been in a state of open rebellion against the legislative branch. They ignored attempts by House congressional committees to have access to pertinent persons and documents, and when they were left to resort to issuing subpoenas, the administration defied them.

All of these acts of defiance have put enormous pressure on Pelosi. She’s been lobbied by her own Democratic colleagues to initiate impeachment proceedings. In response to the lobbying efforts, on the morning of May 22, 2019, she met with the House Democratic Caucus to discuss their strategy for moving forward. It was ultimately decided they wouldn’t start impeachment hearings yet. She was able to convince her colleagues to be patient and wait for more facts to emerge from the many ongoing investigations.

After the meeting, Pelosi was asked by the press how they planned to proceed. She stuck with her stance on waiting for the investigations to churn up more facts, but made a weighty statement in three points, saying:

“We do believe that it’s important to follow the facts.”

“We believe that no one is above the law.”

“…and we believe the President of the United States is engaged in a coverup.”

The Democratic leadership from the House and Senate were scheduled to meet with the president later on that day. They’ve been engaged in back-channel discussions with Trump for the past few weeks in order to broker an infrastructure deal. The Democratic leaders said Trump implied he was open to working on the deal. He stipulated he wanted to see their infrastructure plan, so the Democrats prepared a document with a proposed strategy and budget.

When the Democratic leaders from the House and Senate arrived at the White House, it became clear they weren’t going to be discussing infrastructure. The curtains in the meeting room were drawn and there was no seat at the head of the table for the president, implying the meeting would be short and one-sided. When Trump entered the room he went off on a tirade, according to the Democrats who were present. Since he intentionally didn’t have a seat, he was in a literal position to speak down to the Democrats. The takeaway from the short meeting was Trump saying he would no longer be working with the Democrats while they were investigating him.

Meltdown in the Rose Garden


Directly after the meeting, Trump arranged for a press conference to be held in the Rose Garden. As the press waited for the president to walk out, it was clear to everyone there wasn’t going to be any announcement on an infrastructure deal. The pre-printed Mueller Report-related sign on the podium made his intentions clear: the sign, in part, read “No Collusion. No Obstruction.”

It’s obvious that the meeting with the Democratic leadership and the Rose Garden address that followed was never intended to be about infrastructure. Trump planned to go on the offensive all along (or on the defensive, depending on how you look at it). Why would there be a sign about the Mueller Report on the podium when the address was meant to be about infrastructure?

The Rose Garden address quickly turned into a tirade against all of Trump’s political opponents, both real and perceived. He went from one person and topic to the next, barely speaking a single sentence that wasn’t at least a partial lie.

Some Examples of the Disinformation Spread During the Rose Garden Address

  • “18 Angry Democrats,” as displayed on the the pre-printed podium sign. He made false claims about the Mueller team, saying they were all angry Democrats and were Hillary Clinton supporters. While it is true that a few members of the investigation had made financial contributions to the Clinton campaign, the claim that all members of the team were Democrats looking to take him down is disinformation. Robert Mueller himself is a lifelong Republican. The official who appointed Mueller as special counsel, Rod Rosenstein, another registered Republican. Moreover, the “No Obstruction” part of the sign on the podium is disinformation. Mueller uncovered nearly a dozen acts of possible obstruction of justice.
  • “I’m the most transparent president, probably in the history of the country,” Trump claimed. Trump is the least transparent president in the modern era, if not in history. He broke the decades-long tradition of presidential candidates releasing their tax returns in order to be transparent with the public, showing where their money comes from and whom they owe money to. Trump also declined to be interviewed by the Mueller team. Instead, he submitted carefully-prepared answers to Mueller’s questions, which were carefully constructed and combed through by his legal team. Trump’s Press Secretary, Sarah Huckabee Sanders, has reached a historic low when it comes to holding press conferences. Press briefings are the main apparatus for demonstrating transparency between the White House and the public. As of today, there hasn’t been a press briefing in 45 days. There’s literally dust covering the podium in the Press Briefing Room.
  • Trump claimed, “I respect the courts. I respect Congress…” Since we’re in the middle of a constitutional crisis that’s currently being sorted out in the courts, this is another lie. He even contradicted himself in the same address when he said he would no longer be working with Congress while he’s being investigated. Most presidents, to one degree or another, have been under investigation, and it’s never stopped them from governing. In modern history, both Nixon and Clinton still worked with Congress when they were being investigated and even when Articles of Impeachment were being drawn up.
  • “I don’t speak to Russia about campaigns… it’s a hoax,” Trump insisted. This is another blatant lie. When Trump was on the campaign trail, he called on Russia during a campaign speech, “Russia, if you’re listening, I hope you’re able to find the 30,000 [Hillary Clinton] emails that are missing.” Well, they were listening because on that same day, Russian operatives made their first attempt at hacking Clinton’s personal email server. Moreover, in the Mueller Report, it was uncovered that there were at least 140 contacts between the Trump campaign and Russian nationals.
  • “I don’t do coverups. You people probably know that better than anybody.” One coverup most of the country is aware of is Trump’s efforts to buy the silence of the adult film actress, Stormy Daniels, whom Trump had an affair with. When the Trump campaign received word that she intended to go public, Trump’s personal lawyer, Michael Cohen, brokered a deal on behalf of Trump to pay her $130,000 to keep quiet. Cohen is currently in federal prison, in part, since he violated campaign finance law by making the hush money payments on behalf of Trump. Cohen initially told investigators he paid Daniels off with his own money, which is partly true. However, it was arranged from the start that Trump would reimburse Cohen in installments of $35,000. During Cohen’s last public testimony to the House Oversight Committee, Cohen produced copies of the $35,000 checks, signed by Trump, some of which when he was President of the United States.

Propagandist-in-Chief


Since the events of May 22, 2019, Trump has been publicly attacking Pelosi. He called her “Crazy Nancy,” but then said he didn’t want to share nicknames, since he calls Bernie Sanders, “Crazy Bernie.”

Trump tweeted out a doctored video of a segment of one of Pelosi’s addresses this week, which made Pelosi appear to sound intoxicated or unwell. Trump tweeted the video out to his millions of followers with the caption, “PELOSI STAMMERS THROUGH NEWS CONFERENCE.”

When fact checkers pulled up the original video from C-SPAN, it was obvious the video had been slowed down to make it appear as though there was something wrong with Pelosi. The video went viral, being sent out en masse amongst MAGA supporters and right-wing figures. Rudy Giuliani also tweeted out the video, but deleted it once it became apparent it was doctored. Trump, however, has not deleted his tweet.

The person who created the doctored video of Pelosi was engaging in disinformation. Trump engaged in misinformation by tweeting the video out. In this case, his intentions were nefarious either way since his intention was to discredit Pelosi. This fact was sealed when he chose not to delete it from his Twitter feed after learning the truth. Therefore, this is an act of propaganda against Pelosi. The President of the United States openly engaging in propaganda against the Speaker of the House, the second in the line of succession.

Using the word “propaganda” is not hyperbole. It’s literally a dictionary definition of the word, which Dictionary.com defines as, “information, ideas, or rumors deliberately spread widely to help or harm a person, group, movement, institution, nation, etc.”

Trump uses a particular tactic in his dissemination of propaganda, using one-sided statements like “everybody knows,” “you people probably know better than anyone,” “you all agree.” He qualifies his lies with these false confirmations of consensus. In the example of the Rose Garden address, he’s largely speaking to members of the press –they don’t have the means to respond– it’s a one-way exchange of information, yet he creates the illusion that everyone is in agreement with him.

As the investigations continue and the possibility of impeachment hearings is becoming more and more likely, Trump will become more unhinged and more brazen. It’s critical that we don’t let these abuses of power to become normalized.

This week the courts have ruled to uphold both cases in which the congressional subpoenas were contested by the Trump administration. There are more subpoenas awaiting judicial review, as well as an appeal to one of the cases already ruled upon. This is how the system is supposed to work: checks and balances between the three branches of government. However, if the Trump administration defies the court rulings, then we’ll have entered uncharted territory. This constitutional crisis will turn into a constitutional calamity. Our form of government will no longer be a democratic republic; it’ll be a banana republic ruled by a tyrant.

An American Crisis

The federal government of the United States is in the midst of a constitutional crisis. Some would have you believe the crisis was instigated by angry Democrats, seeking revenge for their loss in the 2016 presidential election. This is disinformation being perpetrated by the Trump-GOP-Fox propaganda machine. Despite what they want the country to believe, the truth is out there for anyone willing to seek it.

The Essence of the Constitution


Our system of government, as well as our highest ideals, are prescribed in the the United States Constitution. It’s the supreme law of the land; it supersedes all other laws within our country, states, and territories.

The constitution laid out a framework for governing by installing three co-equal branches of government: the legislative branch (i.e. Congress), the executive branch (i.e. the Presidency), and the judicial branch (i.e. the Supreme Court).

Article I of the constitution assigns the powers and responsibility for the legislative branch. Article II assigns the powers and responsibility for the executive branch. Article III formed the Supreme Court, which is responsible for interpreting and ruling over contestations to the constitution.

These branches are equal by law, so one may not overpower the other. The founders were wary of a single president becoming too powerful, so they ensured the Congress and Supreme Court had the authority to check and balance the Presidency.

Every government official, both elected and appointed, swear an oath before entering their respective office. The protection and defense of the constitution is the basis for the oath. The act of taking an oath gives weight to the priority and importance of the constitution.

The President’s oath is to “…preserve, protect, and defend the Constitution of the United States.” Members of congress swear a similarly-worded oath, “… [to] support and defend the Constitution of the United States against all enemies, foreign and domestic…”

The Road to the Constitutional Crisis


After Donald Trump took the presidential oath of office, there were many who thought his bullying and brash campaign antics would dissipate and he would –as all presidents have done before– rise to the occasion, putting aside pettiness and vindictive behavior for the good of the country. There were many who thought he would temper the furor of his base and become a leader for all Americans. As we’ve seen, this has not happened.

One of Trump’s first attacks was against the free press. He despised any news coverage that wasn’t favorable to him. He’s attacked the press consistently throughout his presidency, going as far as calling them “the enemy of the people” on numerous occasions. The press is protected under the First Amendment of the constitution. This wasn’t a constitutional crisis yet because he wasn’t actively trying to censor them. He has, however, done his best to discredit the press with the intention of manipulating the public’s trust in the greatest democratic institution outside of the federal government. The press is referred to as the “fourth estate,” as a way of symbolizing its critical role to our democracy; acting as an unofficial fourth branch.

The Russian government’s attack on our democracy is a fact. Before there was a special counsel investigation, 17 of our intelligence agencies (e.g. FBI, CIA, NSA, etc.) confirmed Russia had interfered in our election. When sources began reporting contacts between the Trump campaign and the Russian government, the FBI initiated an investigation.

It wasn’t long before Trump fired James Comey, the Director of the FBI. Comey was the top law enforcement official investigating the Russian interference, as well as the potential that the Trump campaign had a role in it. Soon after Comey’s firing came the firing of the Acting Director of the FBI, Andrew McCabe. With the federal government in a state of crisis due to the firings of the heads of the agency tasked with investigating the president, the questioning of the rule of law had to be answered to maintain the public’s trust in the federal government.

Jeff Sessions, Trump’s original attorney general, was compelled to recuse himself from the FBI investigation since he was a member of the Trump campaign. Therefore, the deputy attorney general, Rod Rosenstein, took control of overseeing the investigation from the Department of Justice. He appointed Robert Mueller as the special counsel, tasked with taking over the FBI’s investigation.

After nearly two years, the Mueller team completed their investigation. A 448-page report was submitted to the current attorney general, Bill Barr. Two years of round-the-clock investigating by a team of some of the country’s best lawyers, investigators, and analysts was summed up in a 4-page summary in merely two days.

We would later learn that the Barr summary was a misleading document intended to obscure and minimize Mueller’s findings. Barr held the report for a month, claiming he needed time to make redactions. This gave the Trump administration time to use the Barr summary as a way of swaying public opinion. Trump boasted he had been “exonerated” and most of the country was either confused or misled to believe the investigation was a “witch hunt” as Trump has often described it.

After the redacted report was submitted to the public, it became evident that Barr’s farce was beginning to crumble, along with Trump’s claims of exoneration. In congressional committees, the public saw firsthand that Barr was not forthcoming in his testimony. He told the Congress that he didn’t know how Mueller felt about his summary. This was a lie. The New York Times and Washington Post obtained letters Mueller had written to Barr in the days following the release of the Barr summary. In those letters, Mueller did express his feelings about the memo. He wrote that the summary didn’t “…fully capture the context, nature, and substance of this Office’s works and conclusions.”

The Constitutional Crisis


With the revelations in the redacted Mueller Report, there was real concern among congressional Democrats that Trump was abusing his presidential powers. Mueller found 10 instances of possible obstruction of justice in his report.

Barr was called to testify before the Senate Judiciary Committee. If anyone wasn’t sure of Barr’s intent before the hearing, they were after. In his testimony, he contradicted the report’s findings. He was evasive and unforthcoming with his carefully-worded, though sometimes tongue-tied, testimony. It was clear he was supporting and defending Trump’s interests, rather than impartially serving as the country’s attorney general. Barr was scheduled to testify before a House congressional panel the following day. He refused to appear. He hasn’t appeared before Congress since.

For the past 40 years, every president has voluntarily made their tax returns public –every president until Donald Trump. Presidential candidates voluntarily release their tax returns as an act of good faith, showing the public exactly where their money is coming from and to whom they may be indebted to. It’s meant to expose, and therefore prevent, any conflicts of interest.

Trump has been using the excuse for years now that he can’t release his tax returns because he’s under audit. Regardless of whether or not that’s true, which it likely isn’t, federal law states that the Congress can obtain the tax returns of any American –including the president. So, in the middle of the Barr controversy, when a House committee –exercising their constitutional duty of oversight over the executive branch– requested Trump’s tax returns from the Department of the Treasury. Steve Mncuchin, Trump’s Treasury secretary, missed the deadline for turning over the tax returns and has since said he will refuse to turn them over, saying it “lacks any legitimate legislative purposes.” This excuse has no merit since it’s the purpose of the Oversight Committee to perform oversight.

The House Oversight Committee also sent out subpoenas to Capital One and Deutsche Bank for Trump’s financial records. This was done in order to get more information on Trump’s business ties, particularly with foreign entities, which is again to ensure Trump isn’t compromised due to conflicts of interest. Since Trump can’t order a corporation to refuse the subpoenas, he resorted to suing Elijah Cummings, the Chairman of the Oversight Committee. This will tie the matter up in the courts –a tactic Trump is infamous for.

The House Judiciary Committee issued a subpoena to testify to Don McGahn, Trump’s former White House Counsel. McGahn was a key witness to many of the obstruction of justice instances in the Mueller Report. On May 2, 2019, Trump declared he wouldn’t allow McGahn to testify before the committee.

The Judiciary Committees also issued subpoenas to obtain the full, unredacted Mueller Report, along with all of the report’s underlying evidence, but that subpoena has also been ignored by Barr. Trump has claimed executive privilege over the entire Mueller Report and all of its underlying evidence. The power of executive privilege is used by presidents to keep sensitive information from being made public so the government can function without being impaired. This is a nonsensical argument since the information has already been uncovered and made its way into the report. It’s akin to trying to put the proverbial toothpaste back in the tube.

In response to Barr’s refusal to appear before the House Judiciary Committee and his disregard for congressional subpoenas, on May 8, 2019, the committee voted to hold Barr in contempt of Congress. The contempt charge will soon be brought to the floor for the entire House to vote on.

On that same day, May 8th, the Republican-controlled Senate Intelligence Committee issued a subpoena to Donald Trump, Jr. in reference to the now infamous Trump Tower meeting he had with Russians during the campaign. Donald Trump, Jr. has since remarked that he may ignore the subpoena or exercise his Fifth Amendment right to not incriminate himself.

After the vote to hold Barr in contempt of Congress, the Chairman of the House Judiciary Committee declared, “We are now in a constitutional crisis.”

Why a Constitutional Crisis is Serious


If the Congress is consistently and blatantly being defied by the Trump administration, then the sanctity of the constitution is at risk –our whole system of government is at risk. If the power of the Congress is being nullified by the Trump administration, and it’s permitted to stand, we’re no longer a democratic republic. Chairman Nadler touched on this after the contempt vote, “Now is the time of testing whether we can keep a republic, or whether this republic is destined to change into a different, more tyrannical form of government.”

This should be a grave concern to all Americans, regardless of political ideology. The Senators and Representatives in Congress are our elected officials. They’re there to represent the People. Therefore, an attack on the Congress is an attack on the People. If the Congress is reduced to a non-binding body and is losing power, the Trump administration is absorbing those powers.

We cannot permit these tyrannical acts to go unchecked. Democracies aren’t made of steel; they’re made of glass. All it takes is a few cracks until the whole system of government comes shattering down. A millennia ago, Plato warned that democracies are a prelude to tyranny. Our founders understood this, and designed the constitution accordingly, but if the constitution isn’t protected, defended, and ultimately enforced, Plato’s warning will become a realized prophecy.

The founders and revolutionaries used both the pen and the sword to fight for their independence, breaking the monarchical bonds of the British Empire. Blood has been shed by millions of Americans fighting for values like freedom and justice. If our elected representatives have little or no power, then our freedom is slipping away. If our system of justice is being used to protect and defend the president, there’s no longer justice for all. If this constitutional crisis becomes a constitutional calamity, we’ll be living in a very different country, as will the untold millions who come after us.