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Joe Biden

Bitches Get Stuff Done (Ep. 267)

 

This week’s podcast covers the escalating tensions on the streets of Portland and Seattle, Kim Kardashian’s comments about Kanye’s bipolar disorder, Johnny Depp versus Amber Heard, and AOC’s perfect takedown of Ted Yoho.

 

 

If Trump Refuses To Leave (The John Roberts Conundrum)

by Kevin Kelton

Should the results of the 2020 presidential election be contested, Chief Justice John Roberts may determine who becomes the next president. But not because he might be the swing vote in a Supreme Court ruling on the matter. Instead, Roberts might find himself in the awkward position of choosing who to swear in.

Let’s back up a moment to find out how one man might end up deciding a presidential election. For months now, people have been asking, what happens if President Trump loses but refuses to leave? There are several scenarios that could get us to that point. Let’s look at them one by one.

First off, we need to put an end to the silly meme Democrats are spreading that Joe Biden has to “win big” to become president. No, he doesn’t! He just needs to win in the electoral college, even if the popular vote is close – just as Kennedy did in ’60, Nixon in ’68, Bush in 2000, and Trump in 2016. Please don’t create an artificial higher standard for Joe that Trump can then exploit to question the legitimacy of a tight race.

But if there is no clear winner and the matter is still in the courts, with Trump refusing to leave the White House, the Constitution is pretty clear on that point. Per the 20th Amendment, the sitting president’s four year term ends at noon on January 20th. If no one is sworn in as the next president, Trump doesn’t just continue in the job. It’s up to the Congress to determine who would become the 46th president, which opens a whole panoply of scenarios. As of today the GOP controls the 26 state delegations needed to win in the House. But the vote would happen in the next Congress, not this one, and since an overwhelming Biden popular vote win would likely have strong enough coattails to flip a few more state delegations blue, they would surely elect the Democrat.

And if no one is certified by congress as the new president by January 20th, that void in the line of presidential succession would be filled by… wait for it… Speaker of the House Nancy Pelosi.

Yes, if Trump tries to hole up in the White House while chaos reins, Republicans might end up having to swallow a Nancy Pelosi presidency! (At least until the election results were fully resolved.) Wouldn’t that be a delicious plot twist?!

But let’s say we don’t get there. Let’s assume the electoral process works as it’s designed. The votes are counted, and Joe Biden has at least 270 electoral votes, but Trump claims that mail-in ballots were tainted or illegal voters tipped the outcome in one or more pivotal swing states. Each state would still have to certify its outcome, and we can presume that key swing states run by Democratic governors and secretaries of state (Pennsylvania, Michigan, Wisconsin, Colorado, North Carolina, Virginia, and Nevada) would defend the legitimacy of all the votes counted and certify the winner of their state. The right combination of those would give Biden 270 EC votes, even if there were certification shenanigans in the GOP led states of Florida, Georgia, New Hampshire, or Arizona.

So for the purposes of this hypothetical, let’s say 270 or more electoral votes are certified in Biden’s favor, but Trump still claims the vote was rigged.

The next step happens regardless of Trump’s public pronouncements of a fake election. The Electoral College votes (bound by the new SCOTUS ruling to honor the state outcomes) and Congress ratifies Biden as the winner. 

That brings us to January 20th. Let’s say Biden is the certified winner but Trump is still holding out in the White House, claiming the election was a sham. Biden will still show up at the Capitol Building to be sworn in, with the Chief Justice there to perform the oath. At that moment, boom! Joe Biden becomes the 46th president. It doesn’t matter who is living in the White House or who is sitting in the Oval Office. Neither of those locations are mentioned in the Constitution, and neither of them convey the power of the presidency. Trump would simply be an interloper on government property, and he would soon be escorted out by the Secret Service, whether he likes it or not.

Even if Chief Justice Roberts, for some reason, weren’t to show up, the inauguration would still go forward. Because the President does not have to be sworn in by the Chief Justice; any federal judge can perform the presidential oath of office. As has happened at least seven times in history. So Associate Justice Ruth Bader Ginsburg or another willing associate justice could swear him in, or any judge on the DC Circuit. That oath would make Joe Biden the official President of the United States, and he would assume the powers of the presidency and set up a government, while Trump was illegally barricading himself in the White House like a Branch Davidian.

Which brings us to the thorniest of possibilities: the Roberts conundrum.

Suppose both Biden and Trump claim victory, and each shows up to take the oath on January 20th. At that point, the country would be looking for some form of official validation as to whose inauguration counts. That would put the chief justice in the awkward position of having to decide who to swear in. If Roberts follows the Constitution, he will administer the oath to the congressionally certified winner, Biden.

However, if Roberts, for whatever reason – politics, loyalty, fear – decides to swear in Trump, leaving Biden to be sworn in by a less senior federal judge, an argument would be made that the Roberts inauguration was the more valid one, based on his top position on the federal bench.

Would Roberts really create that type of existential constitution crisis just to protect a Trump presidency? This author highly doubts so. But in the hyper-partisan world of today, it is a hypothetical that cannot be ignored.

So if Trump tries to snatch victory from the jaws of defeat, and he is able to get the public support of Senate and House Republicans, it could come down to John Roberts to decide who will get the imprimatur of the chief justice and, with it, the perceive legitimacy of the oath. Lawsuits would certainly continue for years. But in the meantime Donald Trump might still serve as president, allowing him to pick Ruth Bader Ginsburg’s replacement. Which would all but certainly ensure he would prevail when the matter of the contested election eventually reaches the Supreme Court.

And the question of him voluntarily leaving at the end of a second term becomes ever more in doubt.

Kevin Kelton is a cohost of The More Perfect Union podcast and founder of Open Fire Politics.

 

Portlandia (Ep. 266)

This week’s podcast looks at the highly suspicious federal agents being unleashed on the streets of Portland and the highly suspicious President being unleashed on Chris Wallace and Fox News.

 

Covid Hits Home (Ep. 265)

As the coronavirus pandemic rips through the nation, everyone seems to know someone who’s been personally affected, including the More Perfect Union family. This week Kevin and Jessica describe their experience after testing positive for Covid-19.

TikTok Carnage (Ep. 262)

This week’s MPU podcast looks at how millennials on TikTok turned Trump’s Tulsa rally into a low-turnout debacle, the new John Bolton book PR debacle for the administration, and how the Supreme Court continues to defy expectations with surprisingly fair-minded decisions.

Black Voices Matter (Ep. 261)

This week’s podcast looks at the powerful voices of comedians Dave Chappelle, Jay Pharoah and other celebrities in the black community, and the now unfortunate voice of JK Rowling as it relates to the trans community. Then we turn our attention to all things politics as the growing chasm between Donald Trump and Joe Biden.

Bleach Blonde (Ep. 254)

The podcast introduces DJ’s wife, Ora, as she joins the gang to inject disinfectant into the week’s coronavirus news.

Trump’s Immigration Deflection

by D.J. McGuire

Donald Trump recognized his response to coronavirus was a disaster both nationally and politically. He won’t tell you that; nor will his die-hard supporters. He knows it all the same. Otherwise, he would never have bothered trying to distract everyone – especially said die-hard supporters – with an irrelevant but damaging executive order halting all immigration to the United States.

Trump’s entire response to coronavirus has been a slow-motion version of “throw everything at the wall and see what sticks.” First, he insisted it wasn’t a big deal (Tim Miller, Bulwark). When that didn’t work, he tried convincing Americans that this was a surprise to everyone (Miller has the receipts showing otherwise). Then he tried blaming “China” – by which I presume he meant the Chinese Communist Party. That might have gotten him somewhere had he not tried to rope Joe Biden in via guilt by association (Biden promptly pulled out his own receipts on Trump’s obsequious praise for Xi Jinping). So he pivoted to spouting off about the need to remove restrictions imposed by the states (insisting governors should “LIBERATE” them). Pew Research found that most Americans would prefer they didn’t.

At long last, with each narrative collapsing under the weight of reality, Trump shifted gears and went to his standby: irrelevant nativism.

The idea that an immigration pause would do anything against the “invisible enemy” is laughable. The nation with the largest caseload and body count from the virus is … the United States. Even on a per capita basis, we are in the top ten, with the only nations ahead of us from Europe (which was already under a partial travel ban). We have ten times as many cases and deaths as mainland China, a disparity no amount of (certainly happening) Communist cover-up could erase.

Then there is the question of how America is in such good shape that the economy can reopen while also being so bad that immigrants have to be barred for two months.

Of course, Trump probably knows this too – otherwise he wouldn’t have added boilerplate nonsense about “protecting jobs.” The idea that a two-month pause in immigration would have any visible effect on a labor force where 22 million (at least) have been forced into unemployment is nonsensical.

Not only is there no short-term gain, but lots of long-term pain, as Linda Chavez noted (Bulwark):

While most immigrants work in the service economy, a 2018 study by the Brookings Institution indicates that nearly a third of our STEM workers and students are also immigrants or the children of immigrants. When researchers find a vaccine or treatment for COVID-19, we shouldn’t be surprised that an immigrant or first generation American will be on the team, or even leading it.

In the meantime, the orderlies, nurses, and doctors caring for patients in hospitals around the country are increasingly likely to be foreign born, with immigrants accounting for almost a third of physicians and nearly 40 percent of health aid workers, according to a study by the Migration Policy Institute.

Note how Trump didn’t couch his order as “Fewer engineers and health care workers” – but those are the effect regardless. Unintended consequences don’t care about anyone’s feelings.

The reality is this: Donald Trump needed a distraction. He needed something to rile up his base. Bashing immigrants has always been his break-glass-in-case-of-emergency move.

There is one silver lining to this, however. We have yet more proof that for Trump and his supporters, it was never really about “illegal” immigration. It was about immigration, period. We should not forget this.

D.J. McGuire – a self-described progressive conservative – has been part of the More Perfect Union Podcast since 2015. He is also a contributor to Bearing Drift.

Biden Endorsements Galore (Ep. 253)

This MPU podcast catches up with the 2020 presidential race as Democrats line up to endorse Joe Biden. Then the hosts look at the week in the world of Coronavirus, and how it’s changing their own lives.

Gimme Shelter In Place (Ep. 250)

This episode looks at the new shelter-in-place culture and then answers the burning Bernie Bros. question, “where’s Joe Biden?” (Hint: you’re not looking hard enough.)

Covid-16 Is Infecting 2020

By Kevin Kelton

You wouldn’t knowingly risk infecting someone important to you with the coronavirus. Yet millions of thoughtless Democrats are infecting their party’s presumptive nominee.

Every day, we see reckless Democrats passing on the germs of dirty politics to Joe Biden. They selfishly cough up words like “dementia,” “handsy,” “corporate-owned,” and even high-risk terms like “pedophile” into the air of social media, spreading those deadly labels into the body politic, much like was done to Hillary Clinton in 2016.

Let’s be clear: Joe Biden is not Hillary. But he is just as suseptible to the same gutter character attacks that made millions of normally Democratic voters avoid the polls that year, killing her candidacy. It could be called Covid-16, and it was just as deadly as coronavirus germs are on your unwashed hands.

Four years later, it’s time for disappointed progressive voters to face reality. Whether you supportered Sanders or Warren or Buttigieg or Yang, Biden is going to be the Democratic candidate this Fall. He earned it fair and square, pulling off one of the greatest political comebacks in history. Not only did his one-on-one debate with Sanders prove he isn’t hobbled by age, it clearly demonstrated his mettle as a viable candidate and a strong leader.

And with his latest thumping of Sanders across Florida, Illinois, and Arizona (along with Michigan, Minnesota, Virginia, Texas, and North Carolina) he proved he can replicate the same coalitions that led to the blue wave of 2018. There is little doubt Biden will continue that success in Pennsylvania, Ohio, Georgia, and probably Wisconsin – virtually running the table in the swing states the party will need to hold come November 3.

Consider a second Trump term the political equivalent of the coronavirus, because it could literally kill thousands of LGBTs, Dreamers, seniors, pregnant women, service members, undocumented immigrants, POC, and other high-risk groups. Every time you infect Joe’s reputation with claims he may be suffering from dementia or some similarly untrue character smear, you risk spreading that idea to others. Your Facebook friends read it, then they spread it to their friends, and they spread it, until you have an epidemic of people turning off to Biden and staying home in November.

You might as well go phonebank for Trump, because that’s exactly what you’re doing with your social media posts.

It’s time for progressives to put some social media distance between them and the virus of hate that can kill our party’s chances in November. Irresponsible character attacks are our Covid-20. If you chose to be a carrier and infect this election cycle like so many did in 2016, don’t be surprised when you send your dearest issues – climate change, reproductive rights, economic inequality, and LGBT rights – to an early grave.

Kevin Kelton is the founder of the Open Fire community of Facebook discussion groups and a cohost of The More Perfect Union Podcast.

 

 

But He Persisted (Ep. 248)

 

This episode looks ahead at the primaries in Florida, Illinois, Arizona and (maybe) Ohio, and other news that isn’t necessarily about Trump.