{"id":3148,"date":"2024-01-03T01:15:00","date_gmt":"2024-01-03T01:15:00","guid":{"rendered":"http:\/\/andydawkins.com\/?p=3148"},"modified":"2024-01-01T18:08:33","modified_gmt":"2024-01-01T18:08:33","slug":"2024-a-second-civil-war","status":"publish","type":"post","link":"http:\/\/andydawkins.com\/?p=3148","title":{"rendered":"2024 – A Second Civil War?"},"content":{"rendered":"\n

2024<\/u><\/strong><\/p>\n\n\n\n

THE SECOND CIVIL WAR<\/u><\/strong><\/p>\n\n\n\n

A<\/em> Glimpse<\/em> into<\/em> what<\/em> 2024<\/em> might<\/em> Portend<\/em> – by Andy Dawkins (entirely a work of hope & fiction)<\/p>\n\n\n\n

Chap. 1 – December, 2023<\/strong><\/p>\n\n\n\n

     Following the Colorado Supreme Court\u2019s decision that Trump is ineligible to be on the Colorado primary election ballot and Trump\u2019s lawyers filing an appeal to the US Supreme Court, Justice Samuel Alito stopped by Chief Justice John Roberts\u2019 home.<\/p>\n\n\n\n

      \u201cChief, I need help.  We have to let the people decide this next election.  We can\u2019t have the courts taking away the voters\u2019 right to choose \u2013 it could trigger an even bigger insurrection \u2013 maybe even the start of a second civil war.  We have to preserve the Union.  You have to take the lead on this, and I\u2019ll have to write a dissent.  You know I\u2019m a committed textualist.\u201d<\/p>\n\n\n\n

     \u201cYou know, Sam, your textualism, your strict constructionist approach to interpreting the Constitution, has already caused the country, and the Republican Party, a lot of grief and lost elections.  I told you reversing Roe<\/em> v<\/em>. Wade<\/em> would be a mistake.  For God\u2019s sake, get with the changing times.  The founding fathers never intended the Constitution be a static document, unable to adapt to actual events.  Yes, I agree refusing to allow Trump, that asshole, to be a candidate could trigger a civil war, a nation so divided we\u2019d need a second coming of Abe Lincoln, but . . . but I\u2019m determined to have us arrive at a unanimous decision \u2013 you can\u2019t dissent.\u201d<\/p>\n\n\n\n

     Justice Alito: \u201cOkay, but tell me how you\u2019re going to get around the exact wording of the 14th<\/sup> Amendment, Section 3 \u201c . . . no person shall hold any office, civil or military, who having previously taken an oath to support the Constitution, shall have engaged in insurrection or rebellion against the same, or given aid or<\/em> comfort<\/em> to the enemies thereof.\u201d<\/p>\n\n\n\n

     Chief Roberts: \u201cWell, I\u2019m not about to parse words with you at this point, but get your law clerks working on ways to dodge that clear meaning.  God damn it, he sure gave comfort<\/em> to those trying to over throw the election, coming to hang his own VP for God\u2019s sake!  These are important words for the future of our country, our democracy.  I\u2019m not about to offer aid or<\/em> comfort<\/em> to future insurrectionists.\u201d<\/p>\n\n\n\n

Chap. 2 \u2013 January, 2024<\/strong><\/p>\n\n\n\n

     Despite Chief Justice Roberts wish to delay everything as long as possible and then consolidate all the Trump cases into one massive ruling \u2013 the Court could not duck making a ruling on the Colorado case, and quickly.  Unless the Supreme Court intervened, on January 5 the Colorado ballot would go to the printers without Trump\u2019s name on it.  So, on January 4, the Court agreed to hear the Colorado \u201cTrump is an insurrectionist\u201d case and stayed the implementation of the Colorado decision, effectively putting on hold all the \u201cTrump can\u2019t be on the ballot cases\u201d underway in multiple other states.  The Supreme Court scheduled oral arguments for January 15.  Further, the Court declared that Rule 53 of the Federal Judicial Code of Conduct would not apply to the January 15 hearing \u2013 television cameras would be allowed in the court room.<\/p>\n\n\n\n

     Meanwhile, on January 9, the U.S. Court of Appeals for the District of Columbia ruled that Trump was not immune from criminal prosecution in the election interference case brought by Special Counsel Jack Smith, and Trump\u2019s lawyers had no choice but to also ask the U.S. Supreme Court to hear that case.  Chief Justice Roberts convinced his brethren to hear the immunity case together with the Colorado can\u2019t-be-on-the-ballot case.  \u201cThe earlier we tackle these issues head-on, the more hopeful we can be of returning to a less chaotic election cycle,\u201d he told them.  \u201cI am looking to build a unanimous opinion that somehow lets the public, the voters, have first crack at deciding if they want Trump as their candidate \u2013 a jury of America.\u201d<\/p>\n\n\n\n

     Now both cases would be argued on January 15 in front of a live television audience.<\/p>\n\n\n\n

     The legal arguments on January 15 were a rehash of what had been argued in the courts below, and the lawyers for the government did their level best to concentrate on the nine Justices as the most important audience, but Trump\u2019s lawyers took a different approach \u2013 they played to the television audience – the largest television audience in the history of Nielsen ratings.  It was as if they sensed the law was not on their side, so instead they were trying to scare<\/em> the nine Justices into ruling in their favor – or face the wrath of Trump America. <\/p>\n\n\n\n

     For example, Justice Sotomayer to Trump lawyer D. John Sauer: \u201cAre you saying that no matter what a President does, even committing the act of murder, the President automatically gets a \u2018Get-Out-of-Jail Free Card\u2019?\u201d  To which Sauer responded, actually looking to the cameras instead of to Sotomayer:<\/p>\n\n\n\n

      \u201cThe patriotic acts of good Americans trying to prevent a stolen election should not be considered murderous.  To hold Trump to be the equivalent of a murderer makes your question, you<\/em>, a target of the voters\u2019 wrath.\u201d  Under her breath, Sotomayer whispered to the Chief:<\/p>\n\n\n\n

     \u201cHe just admitted there is no absolute immunity \u2013 case over.\u201d<\/p>\n\n\n\n

     Following the day long hearing, pollsters and pundits all over the country tried to judge the reaction of the American public.  Not surprisingly, few minds seemed changed.  If anything, views were hardening.  \u201cWe can storm the Court as well,\u201d a Proud Boy explained, \u201cI voted for Trump today in my Iowa precinct caucus, and if the Court doesn\u2019t allow my vote to count, we\u2019ll have to take matters back into our own hands.\u201d<\/p>\n\n\n\n

     On January 19, 10 a.m. (EST), the Court issued its unanimous rulings:<\/p>\n\n\n\n

    \n
  1. The Colorado Supreme Court ruling that Trump is an \u201cinsurrectionist\u201d is upheld.  There was comforting<\/em> given to those who wanted to overthrow an election.<\/li>\n\n\n\n
  2. The Colorado Supreme Court ruling that Trump can\u2019t be on the ballot is overruled.  A political party choosing a candidate, whether qualified or not, is a party function, not a government function.<\/li>\n\n\n\n
  3. We reserve ruling on the question whether Trump is an \u201coffice holder\u201d within the meaning of Section 3 of the 14th<\/sup> Amendment until if and when he is the Republican nominee.  Further proceedings in this Colorado case are stayed until after the Republican National Convention scheduled for July 15-18 in Milwaukee, Wisconsin.<\/li>\n\n\n\n
  4. The office of the Presidency does not grant immunity from criminal prosecutions for alleged criminal acts committed before, during or following the time as President.  However, during the term of service as President of the United States, there can be no criminal proceedings \u2013 the proper proceeding would be one of impeachment.  The criminal prosecutions of Donald Trump for allegedly trying to interfere with an election, as well as the 91 other felonies he\u2019s been charged with, can proceed to trial.  There is no post-presidency immunity.<\/li>\n<\/ol>\n\n\n\n

        Of course, these rulings created a frenzy of media speculation as to what it all meant or foretold.  One editorialist said the January 19 ruling would become known as the shot across the bow that started a second civil war.<\/p>\n\n\n\n

    ——————————————————————————————————————<\/p>\n\n\n\n

         The New Hampshire Republican presidential primary was held on January 23, and the battle lines became clear.  Most of the prominent Republicans in the state quickly rallied behind either Nikki Haley or Chris Christie and urged others, especially Independents, to get out and vote and rescue the Republican Party from itself.  \u201cThe US Supreme Court has given a clear warning to be careful about what might happen if we choose an insurrectionist to be our nominee.\u201d <\/p>\n\n\n\n

         But the Trump base held.  In a record turn-out, the final tally was 43% for Trump, 35% for Haley, 15% for Christie, and 7% other.  Sensible Republicans across the land took heart – it seemed clear that a majority of Republicans could be mustered to defeat Trump – if only Christie would drop out.  Nevertheless, Trump, of course, declared himself mightily victorious.<\/p>\n\n\n\n

         Ominously, for moderate Republicans, exit interviews indicated a large number of the voters for Haley and Christie considered themselves to be Independents more than Republicans and not all states allow Independents to vote in a Republican primary.<\/p>\n\n\n\n

    Chap. 3 – February<\/strong><\/p>\n\n\n\n

         Following the New Hampshire primary and leading up to the February 27 South Carolina Republican primary, there was wide-spread criticism of the Supreme Court decision.  Letting the voters decide and hoping they would get rid of Trump for<\/em> the Court was not just a dodge of their responsibilities but also a conflagration in the making, a second civil war if Trump ended up being the nominee and the Court then rules him ineligible.  Petitions for a re-hearing were being filed.<\/p>\n\n\n\n

         Meanwhile, Chief Justice Roberts was having nightmares remembering that Fort Sumpter, South Carolina, was where the first Civil War began and regretting the compromises he\u2019d made to get to a unanimous court decision.  \u201cHere\u2019s hoping Haley can win her home state and build the momentum she needs to win the Super Tuesday primaries,\u201d he thought.<\/p>\n\n\n\n

         On the campaign front, Trump immediately seized on the court decision to incite his base.  At every rally he was on live TV screaming: \u201cDid you hear that?!  You\u2019ve been called insurrectionists.  IN-SUR-REC-TION-ISTS !  Well, don\u2019t stop being Patriotic and Proud.  Don\u2019t back down!  Keep on fighting.  Carry your guns.  There\u2019s a Constitutional right to that, too.  If it takes an in-sur-rec-tion to Make America Great Again \u2013 so be it!  When I\u2019m elected, y\u2019all be pardoned.  I consider it an act of loyalty \u2013 all of us working together – and voting – to keep our country from being overrun by illegals, wetbacks, immigrants poisoning our blood, jihadists, terrorists, rapists – and fraudulent voters stealing elections \u2013 aided and comforted by Biden and the Democrats.\u201d<\/p>\n\n\n\n

         Battle lines being drawn.<\/p>\n\n\n\n

    —————————————————————————————————————<\/p>\n\n\n\n

         Trump arrived in South Carolina the day before voting and continued his authoritarian braying, promising, if elected, he would<\/p>\n\n\n\n

      \n
    1. Nullify parts of the Constitution;<\/li>\n\n\n\n
    2. Seize power from Congress;<\/li>\n\n\n\n
    3. Imprison his political foes;<\/li>\n\n\n\n
    4. \u201cExecute\u201d Rachel Maddow;<\/li>\n\n\n\n
    5. Shoot shoplifters on sight;<\/li>\n\n\n\n
    6. End birthright citizenship;<\/li>\n\n\n\n
    7. Begin mass deportations;<\/li>\n\n\n\n
    8. Purge the leadership of the military;<\/li>\n\n\n\n
    9. Declare a war on civil service;<\/li>\n\n\n\n
    10. End racial equity programs;<\/li>\n\n\n\n
    11. Fight for a \u201cpatriotic only\u201d school curriculum;<\/li>\n\n\n\n
    12. Allow teachers to carry concealed weapons;<\/li>\n<\/ol>\n\n\n\n

       and, among other things,<\/p>\n\n\n\n

        \n
      1. Exit from the Paris Climate Accords;<\/li>\n<\/ol>\n\n\n\n

        saying \u201cThe greatest threat to our nation is not Russia, it\u2019s ourselves:  the USA-hating people who represent us.  South Carolinians \u2013 Be PROUD of your heritage!\u201d<\/p>\n\n\n\n

             On February 24 Haley\u2019s home state turned out to be more of a Trump state.  Trump received 51% of the vote, enough to win 100% of the South Carolina delegates to the Republican National Convention.<\/p>\n\n\n\n

             Pundits saw the battleline shifting from sensible Republicans versus Trump Republicans to<\/p>\n\n\n\n

        Trumpsters versus the court system.<\/p>\n\n\n\n

             Meanwhile, in the Democratic primaries Joe Biden was coasting with nominal opposition.<\/p>\n\n\n\n

        Chap. 4 \u2013 March<\/strong><\/p>\n\n\n\n

            On March 4 the criminal case against Donald Trump in the court room of U.S. District Court Judge Tanya Chutkan recommenced.  Trump, standing accused of interfering with a federal election, would now face a jury of his peers \u2013 the U.S. Supreme Court having ruled there was no absolute presidential immunity.  The case was expected to last a month or more before going to the jury.<\/p>\n\n\n\n

            On Super Tuesday, March 5, fifteen states held presidential primaries and both Trump and Biden continued to build their leads heading to their national conventions.  One of the fifteen was Colorado and the record turn-out of newly registered Republicans gave Trump the victory. <\/p>\n\n\n\n

        \u00a0\u00a0\u00a0\u00a0 The following day the Colorado Supreme Court scheduled a hearing to determine if the Colorado Secretary of State should be ordered to keep Trump off the ballot in the November election \u2013 this in light of the January Supreme Court decision that the primary ballot was one thing (a political party affair \u2013 which the government couldn\u2019t interfere with) but the general ballot another thing (a government function).\u00a0<\/p>\n\n\n\n

             A spokesperson for the Colorado Supreme Court was quoted saying, \u201cThe voters were warned that by putting an insurrectionist on the ballot, they were doing so at their own risk \u2013 risk  of him being found unqualified.  We still don\u2019t know if Trump will be the eventual party nominee, but voters across America and delegates to the Republican Convention should now have ample \u2013 ample<\/em> \u2013 warning that Trump may not get any<\/em> popular votes or electoral college votes in any<\/em> state that finds him disqualified.\u201d<\/p>\n\n\n\n

              Meanwhile, the Supreme Court in Michigan recommenced that state\u2019s case to keep Trump off the ballot using the same rationale \u2013 the Michigan Republican Primary is over; Trump won; it\u2019s on to the general.  But the Michigan court added a twist, a court spokesperson saying, \u201cWe know the U.S. Supreme Court has ruled that Trump is an insurrectionist, but in fairness to Mr. Trump, we are going to rehear the original case and allow him to testify and bring forward witnesses as to whether he is disqualified or not.  In addition, the lawyers have been ordered to fully brief the issue as to whether being President is being \u201can officer of the United States\u201d within the meaning of Section 3 of the 14th<\/sup> Amendment.\u201d<\/p>\n\n\n\n

        Chap. 5 – April<\/strong><\/p>\n\n\n\n

              In April twelve more states held their primaries and both Trump and Biden continued to build delegate counts all but guaranteeing their eventual nominations.  However, on the Republican side a group of so called \u201cLincoln Republicans\u201d was running \u201cfavorite sons,\u201d and urging elected delegates to change party rules to allow \u201cmotions to reconvene and reconsider\u201d if the U.S. Supreme Court eventually rules that Trump is disqualified within the meaning of the 14th<\/sup> Amendment.<\/p>\n\n\n\n

             On April 16th<\/sup>, headlines across the land blared \u201cSECRET MESSAGES UNCOVERED SHOWING TRUMP INSURRECTION INVOLVEMENT.\u201d  In the Michigan trial, the government, using its subpoena power, seized and showed to the jury a half-dozen messages confiscated from Pennsylvania Congressman Scott Perry\u2019s telephone that directly implicated Trump\u2019s involvement in the plan to march to the Capitol and pressure VP Pence to throw out electoral votes won by Biden.  In one, a message back to Mr. Perry from a Trump administration official, it reads: \u201cSpoken with the Don.  He heartily supports the Freedom Caucus\u2019s plan to get people up front who will threaten to take Pence out if he doesn\u2019t get with the plan.\u201d <\/p>\n\n\n\n

             \u201cThis is the smoking gun, like the secret tapes that took down Nixon,\u201d State\u2019s Attorney Dana Nessel told the jury.  \u201cYou have no evidence except that President Trump was indeed part of the insurrection.\u201d<\/p>\n\n\n\n

             Meanwhile, also in Michigan, prison officials were taking note of the increasing number of visitors coming to see the Michigan Militia Men convicted of attempting to kidnap Gov. Gretchen Whitmer – among the many visitors were those who had been acquitted.<\/p>\n\n\n\n

             By the end of April, the entire country was in high anxiety wondering how all this would end.  The primary season was mostly over \u2013 it looked like it was going to be a Trump vs. Biden repeat.  The criminal trials were wrapping up. <\/p>\n\n\n\n

             In fact, the case against Trump for election interference was now in the hands of the jury.  If convicted — would he be sentenced to prison?  Would he be out pending appeal or would he be campaigning from a jail cell?  What chaos will his supporters be causing in the streets? <\/p>\n\n\n\n

             Already at court houses in Michigan, Washington, D.C. and Atlanta, arrests had been made of Trump supporters insisting on being let into the courtroom carrying signs or even guns.  In New York City, on the first day of the trial accusing Trump of business fraud, Trump supporters attacked a group carrying signs reading \u201cLock Him Up!\u201d  At political rallies across America, police were setting up barricades to separate those for and against Trump, those for and against the legal system. <\/p>\n\n\n\n

        Chap. 6 \u2013 May and June<\/strong><\/p>\n\n\n\n

             On Friday, May 3, the jury returned a verdict of guilty in the election interference case.  Judge Chutkan set a sentencing date for 30 days later and allowed Trump to remain free on bail.  Of course, Trump\u2019s lawyers immediately filed an appeal.  Most commentators believed there was little chance of Trump getting sentenced or locked-up \u2013 in any of his criminal cases – before the November election.<\/p>\n\n\n\n

             On the campaign trail, Trump kept bashing the Democrats and the courts (Judge \u201cShit-Can\u201d in particular) as an anti-democratic force trying to keep voters from having the chance to vote for him.  \u201cVote write-in if you have to.  We win if there is no second steal.  Don\u2019t let the fraidy-cat Democrats and the pre-judging judges steal your right to vote!  We vote!  We fight!  We win!  You know what?  Even if they dare to lock me up, I will still win . . . and as President I can and will pardon myself and all Other PROUD Americans now locked-up!\u201d <\/p>\n\n\n\n

             Meanwhile, Biden was getting little traction trying to talk about the real issues, such as an improved economy, organizing a unified NATO response to the war in Gaza, an immigration reform bill being recently signed into law, and his many other accomplishments dealing with Covid, reduced health care premiums, student debt relief, and combatting climate change.<\/p>\n\n\n\n

             In fact, the nation\u2019s lack of enthusiasm for a second Biden term, led to a behind-the-scenes conversation between former President Obama and Biden:<\/p>\n\n\n\n

        Obama: <\/p>\n\n\n\n

        \u201cLook Joe, get out while you\u2019re on top.  History will remember you as a great President who restored the nation\u2019s stability.  Turn the reigns over to a younger generation \u2013 we need that enthusiasm to beat Trump.\u201d<\/p>\n\n\n\n

        Biden:<\/p>\n\n\n\n

        \u201cNo Brock, I\u2019m the only one who can beat Trump.  Who the fuck do you have in mind?  Kamala is not ready to be President.  Her poll numbers are as bad as mine.  That pipsqueak Dean Phillips out of Minnesota got more primary votes than I expected, but he doesn\u2019t have enough delegates to be a serious challenger.\u201d<\/p>\n\n\n\n

        Obama:<\/p>\n\n\n\n

        \u201cAll right, see if you can turn this around.  But consider going to the Convention and on the first day announcing you are freeing up all your delegates to vote for anyone they choose.  That, by itself, will create the enthusiasm we need to win.  Gavel to gavel coverage, let the whole nation get involved in choosing.\u201d<\/p>\n\n\n\n

        Chap. 7 \u2013 July<\/strong><\/p>\n\n\n\n

             The two big events in July were the Republican\u2019s Convention and the Supreme Court\u2019s scheduling a rehearing of the \u201cTrump on the Ballot Case.\u201d<\/p>\n\n\n\n

             On July 15, led by the \u201cLincoln Republican Favorite Sons,\u201d the Republican delegates voted, by a slim margin, to change the party rules to allow a reconvening of the Convention at the call of the chair.  Also, after a lengthy floor debate, they voted to allow a reconsideration of the parties\u2019 nominee should the Supreme Court rule Trump disqualified.  The so-called \u201cPROUD (to be an) INSURRECTIOIST CAUCUS\u201d kept screaming \u201cLet them do it!\u201d arguing it would only further incite Trump\u2019s base to get out and vote and \u201cbetter prepare Proud Americans to do whatever it takes to make sure the<\/em> Court\u2019s<\/em> steal<\/em> doesn\u2019t succeed.\u201d<\/p>\n\n\n\n

             On July 18, getting on towards midnight, in an alphabetical state-by-state vote, Wyoming\u2019s favorite son candidate, Gov. Mark Gordon, released his thirteen delegates, and those thirteen voted for Trump, giving Trump the bare majority needed to win the nomination.<\/p>\n\n\n\n

             On July 19 the U.S. Supreme Court agreed to rehear the January Trump case and issued an order consolidating all pending Trump appeals.  Once again ordering a consolidated hearing with in-courtroom television coverage, to start on August 12.  All fifty Secretaries of State were ordered to appear and describe what it would take to have Trump\u2019s name on the November ballot.<\/p>\n\n\n\n

        \u00a0\u00a0\u00a0\u00a0 Once again, an anxious nation wondered what next?\u00a0 Most legal scholars were of the opinion that the Court would vacate its previous order and rule that all except the criminal issues were more of a political question than a decision for the Supreme Court to make.\u00a0 Justice Alito would have to give up his strict textualism arguments and agree the decision was too momentous and not susceptible to legal precedents.\u00a0 Justices Sotomayer, Kagan and Jackson would have to be convinced that a ruling forbidding Trump to be on the ballot would be catastrophic.\u00a0 Chief Justice Roberts worried that the decision would not be unanimous, but no matter what, a final ruling could not repeat the mostly derided Bush v. Gore December, 2000, decision where a splintered Court, divided along party lines, decided the election outcome, not the voters.<\/p>\n\n\n\n

             Meanwhile, unbeknownst to the public, the FBI had uncovered evidence that a network of Proud Boys, organized out of a Michigan prison, were preparing to \u201cmarch on the Court\u201d should the decision go against Trump.  <\/p>\n\n\n\n

        Chap.  8 \u2013 August Through November in two alternatives: <\/strong><\/p>\n\n\n\n

        A. Democracy wins with an actual non-violent election<\/strong><\/p>\n\n\n\n

                                                                   or<\/strong><\/p>\n\n\n\n

         B.  The coming of the Second Civil War<\/strong><\/p>\n\n\n\n

             The two big events in August were the August 12 Supreme Court hearing and the Democratic National Convention set to start August 19 in Chicago.<\/em><\/p>\n\n\n\n

        The Court Case<\/em><\/p>\n\n\n\n

             The legal arguments on August 12, broadcast to a totally tuned-in nation, mostly focused on whether Trump was disqualified from being on the ballot.  The arguments as to reversing the criminal convictions seemed not well taken, the Court remarking about its high regard for our jury system of justice, and showing disdain for Trump\u2019s arguments that he couldn\u2019t get a fair trial \u2013 claiming the judges were biased Democrats; the jury pools were tainted – not a group of his peers, mostly from big cities with large numbers of Democrats and minorities.   <\/p>\n\n\n\n

             Edward B. Foley, a law professor at Ohio State University, urged the Justices not to run scared.  \u201cYour challenge is to not twist the law in a craven effort to appease an authoritarian movement that sees violence as the answer, win or lose.  Yes, it\u2019s common place to think that voters, not courts, should determine who\u2019s elected President, but it\u2019s also essential to remember that the laws – including court rulings – structures the electoral choices voters face when they cast their ballot.  Trump has been found guilty of obstructing an election, of being part of an insurrection against the government.  He, therefore, is disqualified, having once been an \u2018officer of the United States\u2019 and taken the oath to uphold the Constitution.  The original, textual<\/em> meaning of who is an officer of the United States must be read sensibly, naturally, and in context, without artifice that would render it a secret code loaded with hidden meanings.\u201d<\/p>\n\n\n\n

             Josh Blackman, a professor at South Texas College of Law, playing to Justice Alito, argued on textualist and originalist grounds that a president does not count as an officer of the United States.  \u201cThe language in the Constitution, ratified in 1788, includes language about oaths that distinguish between appointed executive branch officers – and presidents, who are elected.  This Court should find that presidents are not officers of the United States.  If it may please the Court, defer to voters and not interfere in the choices they can make.  This case is all about politics and the appropriate response is in politics.\u201d<\/p>\n\n\n\n

             The Court took the cases under advisement promising a quick decision.<\/p>\n\n\n\n

        The Democratic Convention<\/em><\/p>\n\n\n\n

        Alternative A<\/strong><\/p>\n\n\n\n

             On the first day of the Democratic National Convention, Joe Biden shocked the world saying he was not seeking, nor would he accept, the party\u2019s nomination.  \u201cIt\u2019s time for a younger generation to step forward.  It\u2019s time for showing faith – that given the opportunity – the vast, vast majority of American voters will reject authoritarianism.  I hope the Supreme Court allows<\/u><\/em> Trump to be on the ballot in all fifty states.  Bring it on!  Let\u2019s see who wins!  I can live with myself knowing what I was able to accomplish in a lifetime of politics.<\/p>\n\n\n\n

             \u201cTo me, the time is not right for two candidates, ages 80 and 77, a combined 157 years old, to be competing for the hearts and minds of the American electorate.  This needs to be a record setting year for voter turn out in all 50 states!  I could not live with myself knowing that a low turn-out, mostly tepid Democrats for me and livid Republicans for Trump, determined the future of America.\u201d<\/p>\n\n\n\n

             Former President Obama then strode to the microphone.  \u201cI can offer a dozen names we could all get behind to replace Joe on the ballot.  Let me start with one, and then throw the floor open for other nominations:  Michelle Obama!<\/p>\n\n\n\n

              Michelle Obama spoke from the floor: \u201cI accept.  Let\u2019s move on with the business of having a government of the people, by the people, for the people!  A democracy for all — and a democracy for all the ages!\u201d<\/p>\n\n\n\n

              Eventually, and before a television audience that outnumbered the JFK Funeral, the Apollo Landing and the last Super Bowl combined, the following names were put into nomination: Kamala Harris, Cory Booker, Gavin Newsom, Gretchen Whitmer, Hakeem Jeffries, Dean Phillips and Stacy Abrams.<\/p>\n\n\n\n

            After three days and the most of three nights, the Democrats settled on Michelle Obama for President and Gavin Newsom for Vice President.<\/p>\n\n\n\n

        Alternative B<\/strong><\/p>\n\n\n\n

             The Democrats settled on Joe Biden.<\/p>\n\n\n\n

        ————————————————————————————————————-<\/p>\n\n\n\n

             The first<\/strong> big event in September was the September 3 Supreme Court Decision.<\/em><\/p>\n\n\n\n

        Alternative A<\/strong><\/p>\n\n\n\n

             On the Tuesday after Labor Day, the Court announced a per curiam unanimous decision, saying a full opinion would follow:<\/p>\n\n\n\n

          \n
        1. Trump is to appear on the ballot in all fifty states.<\/li>\n\n\n\n
        2. All of Trump\u2019s criminal convictions are upheld.<\/li>\n\n\n\n
        3. All remaining Trump cases are returned to their respective jurisdictions to proceed apace.<\/li>\n<\/ol>\n\n\n\n

               Thereafter, Judge Chutkan set November 11, the Monday following the election, as the date for Trump\u2019s sentencing for his conviction on interfering with an election, the maximum penalty being five years in prison.  Commentators quickly compared that to the twenty-year sentences received by other January 6 convicted insurrectionists, not to mention that the death penalty applies to treasonous conduct.<\/p>\n\n\n\n

          Alternative B<\/strong><\/p>\n\n\n\n

               In an opinion written by Justice Alito – and joined by Justices Sotomayer, Kagan and Jackson – Trump was ruled disqualified from serving, having been an officer of the United States who took an oath to obey the Constitution, and then gave comfort<\/em> to the enemies thereof.<\/p>\n\n\n\n

               In a separate opinion, Chief Justice Roberts concurred with the result of disqualification but greatly lamented the lack of a unanimous decision, saying \u201cThe Founding Fathers understood the need for a separation of powers.  As an officer of the Court I am duty bound to follow the law.  The facts in this case are clear.  The law to be applied to this case is clear. The law of the land must be applied equally to all.   I deeply regret that this Court, not the voters, had the final say as to Donald Trump\u2019s future, but my oath to uphold the Constitution of the United States must come first.\u201d<\/p>\n\n\n\n

          ——————————————————————————————————————-<\/p>\n\n\n\n

              The next big events in September should not have surprised anyone.<\/em><\/p>\n\n\n\n

          Alternative A<\/strong><\/p>\n\n\n\n

               After ruling that Trump could be on the ballot, a palpable relief shuddered through America, but also a sense we\u2019d been bullied. <\/p>\n\n\n\n

               The faith in the people, the faith in the voters, as demonstrated by the bravery and courage of Chief Justice Roberts (and the entire Supreme Court), the shrewdness of Judge Chutkan, and the awareness and intelligence of Joe Biden – all this faith in the people caused an emotional uplifting throughout the country \u2013 a genuine sense of patriotism.  Democrats and Independents convened block parties across the land insisting everyone get registered and have a plan to vote.<\/p>\n\n\n\n

               On the Republican side, canvassers were finding that many of those asked no longer feared a steal was in place, but now that they had a choice, they might<\/em> not vote for Trump.<\/p>\n\n\n\n

               Even Fox News began weighing in with worries about Trump\u2019s chances, urging the Chair of the Republican National Committee, Ronna McDaniel, to reconvene the party\u2019s nominating convention and be smart, like the Democrats, and nominate someone who could win \u2013 suggesting Nikki Haley could beat Michelle Obama. <\/p>\n\n\n\n

               Polling indicated that former \u201cForever Trumpers\u201d were having second thoughts given his criminal convictions and learning all about the evidence of what he did and didn\u2019t do, and all the lies he told.  \u201cWe\u2019re not voting for another Obama, that\u2019s for damn sure, but there are other choices besides Trump\u201d was a common refrain.<\/p>\n\n\n\n

               Justice Alito was overheard remarking, \u201cThis is the ultimate payback for a president who made sure we were pro-life before appointing us, and made sure we were strict textualists as well.\u201d<\/p>\n\n\n\n

          Alternative B<\/strong><\/p>\n\n\n\n

               On September 10, a week after the Supreme Court ruled that the criminal proceedings against Trump could resume, Judge Shutkan sentenced Donald Trump to five years in prison and be taken immediately into the custody of federal marshals. <\/p>\n\n\n\n

               The fury that had been building since the previous week, following the Supreme Court ruling that Trump was disqualified, was now fully unleashed.  \u201cWe\u2019re going to Washington D.C.  We\u2019re going to have a rally that outdoes King\u2019s 1963 March on Washington.  That\u2019s a quarter million patriots we\u2019re mustering.  BE THERE ON SATURDAY SEPT. 28\u201d was posted on social media and on flyers being handed out at supermarkets across America.<\/p>\n\n\n\n

              Privately, the Michigan Militia Men, were planning to surround the Supreme Court Building so as not to allow access, and demand the Court first stop the steal before any other business was conducted.  Even more privately, and unknown until it happened, a group was plotting to kidnap Judge Chutkan and have the ransom be the release of Trump from prison.<\/p>\n\n\n\n

          ————————————————————————————————————-<\/p>\n\n\n\n

               In October:  Mostly peaceful campaigning? Or turmoil turned to rioting?<\/em><\/p>\n\n\n\n

          Alternative A<\/strong><\/p>\n\n\n\n

                On September 25, after polling all 2,469 delegates, Ronna McDaniel, the Chair of the Republican Party, announced there would be no reconvening of the convention to potentially choose another candidate for the presidency.  Noting the throngs heading to Washington from all over the country, McDaniel said, \u201cWe\u2019re sticking with our guy come hell or November.\u201d<\/p>\n\n\n\n

               During the month of October, Michelle Obama\u2019s 2018 book titled \u201cBecoming\u201d reclaimed its spot as the #1 best seller in the nation.  Ladies Book Clubs from Tallahassee to Anchorage made it their next choice and marveled at this wonderful level-headed all-American woman, a wife, a mom, a presidential side-kick, and someone who could keep a husband ever-loving and the kids in school.<\/p>\n\n\n\n

               On the campaign trail, Michelle Obama\u2019s respect for all voters, all Americans, for democracy, contrasted starkly with Donald Trump\u2019s calling everybody names and enemies, and continued bombast about making the country great under his authoritarianism rule.<\/p>\n\n\n\n

          Alternative B<\/strong><\/p>\n\n\n\n

               In Washington, D.C., following their September 28 rally, Trump\u2019s supporters kept milling about, frustrated with the lack of action, their ineffectiveness.  Talking amongst themselves, the realization took hold that a write-in campaign wasn\u2019t going to succeed, and they were actually going to be denied the chance to vote for Trump. <\/p>\n\n\n\n

               On October 3 Judge Chutkan was<\/em> kidnapped<\/em> on her way to work and a \u201cransom\u201d note was delivered on social media: \u201cPresident Biden must immediately pardon Donald Trump for his supposed crimes or Judge Shit-Can will never get another bite to eat.\u201d <\/p>\n\n\n\n

               On October 5 the Trump supporters remaining in Washington, stormed the barricades surrounding the Supreme Court resulting in many injuries and hundreds of arrests \u2013 but this was not the biggest news of the day.  In Charleston, South Carolina, a group of Proud Boys quietly took over the State Capitol Building with help from Republican lawmakers and demanded that South Carolina secede<\/em> from the union. <\/p>\n\n\n\n

               In the ensuing days, prison riots broke out in federal penitentiaries across the country causing President Biden to call out the National Guard to help overwhelmed prison guards.  \u201cWe\u2019re not going to stand down and let another F***ing N***** become President\u201d was the rioters\u2019 rallying cry.<\/p>\n\n\n\n

               For the rest of October, things remained in a stalemate.  Biden refused to pardon Trump and no one knew if Judge Chutkan was eating or not.  In several prisons, Black inmates were being beaten by white mobs, while authorities were handcuffed.  The acquitted Michigan Militia Men were rearrested, but no one was talking.  The South Carolina General Assembly faced a vote to secede from the Union.  It passed in the House but was not taken up in the Senate after South Carolina U.S. Senator Tim Scott, a Republican and a Black man, gave a speech saying, \u201cI am not going to stand by and watch the second coming of a Civil War.  I am not going to stand by and let racial hatred once again rule the country.\u201d <\/p>\n\n\n\n

          \u00a0\u00a0\u00a0\u00a0 Following Sen. Scott\u2019s speech, presidential candidate Nikki Haley, the former Governor of South Carolina, quickly called her own media conference, and together with a majority of the State Senators at her side, told the nation: \u201cThe State of South Carolina will not<\/strong> be seceding from the Union.\u00a0 The State of South Carolina will<\/strong> be voting Nikki Haley for President on November 5.\u00a0 The State of South Carolina will not, for the second time, be the State that starts a Civil War.\u00a0 This craziness must stop.\u00a0 A vote for me is a vote for reconciliation amongst all of us.\u00a0 It is time to finally end the first Civil War.\u00a0 Let South Carolina lead the way!\u201d<\/p>\n\n\n\n

               South Carolina U.S. Senator Lindsay Graham was noticeably absent.<\/p>\n\n\n\n

          ——————————————————————————————————<\/p>\n\n\n\n

               Finally,<\/em> Election Day Arrives<\/em><\/p>\n\n\n\n

          Alternative A<\/strong><\/p>\n\n\n\n

               Michelle Obama beats Trump in a record turn-out, especially among Independents, Lincoln Republicans, and first-time voters.<\/p>\n\n\n\n

          Alternative B<\/strong><\/p>\n\n\n\n

               On election day, Michelle Obama barely defeats Nikki Haley winning the popular vote by a wide margin, but in the Electoral College it stands as 271 for Obama and 267 for Haley. <\/p>\n\n\n\n

               No one was certain if the Electoral College vote would hold-up.  Would there once again be cry of a steal?  No, it got worse than that . . .<\/p>\n\n\n\n

               On November 6, the day after the election, militant groups with guns took over the State Capitols in Montgomery, Alabama, and Jackson, Mississippi, meeting little police resistance.  \u201cWe are not leaving until we reestablish the Confederate States of America and make Donald Trump President of the New Confederacy,\u201d they declared. <\/p>\n\n\n\n

                On November 7, President Biden pleaded with the Governors of Alabama and Mississippi to restore order using their State National Guards: \u201cFederal forces are still trying to regain control of the prison system, I need help!\u201d<\/p>\n\n\n\n

               Replied the Governors, almost in unison: \u201cOur State National Guards have enlisted too many insurrectionists.  They won\u2019t arrest or shoot their brothers.  We need your help!\u201d<\/p>\n\n\n\n

               On November 10 President<\/em> Biden<\/em> was<\/em><\/strong> shot<\/em><\/strong> from a distance as he entered his armored car.  Dying in his hospital bed with his wife Jill and his VP Kamala at his side, he scribbled a note:  \u201cKamala, forget you weren\u2019t nominated to succeed me.  You\u2019re going to be President now and you have a chance to be the 21st<\/sup> Century Abe Lincoln holding the Union together.\u201d<\/p>\n\n\n\n

               On November 11 Biden died and Kamala Harris took the oath to be the 46th<\/sup> President of the United States.  Her first act was to order the Governors of Alabama and Mississippi to evacuate their state capitols as \u201cI will bomb them to the ground if you don\u2019t.\u201d <\/p>\n\n\n\n

               President-Elect Michelle Obama went personally to Birmingham and Jackson, together with losing candidate Haley, and made clear the bombing threat was real.  They were met with gun fire.  Former President Obama was with them.  He counseled Michelle, \u201cTalk to Kamala.  If they don\u2019t leave and put down arms, our new President will have to declare war and call in the Army.  But tell Kamala, for chrissakes, not to bomb the capitol buildings – unless she\u2019s sure there are no civilians in them \u2013 for example, Judge Chutkan.\u201d<\/p>\n\n\n\n

          Chap. 9 \u2013 December<\/strong><\/p>\n\n\n\n

               Please God, don\u2019t have it become a Second Civil War.<\/p>\n\n\n\n

          THE END<\/p>\n\n\n\n

          P.S. What does it feel like to you at the end of 2023?  Comment below.<\/p>\n","protected":false},"excerpt":{"rendered":"

          2024 THE SECOND CIVIL WAR A Glimpse into what 2024 might Portend – by Andy Dawkins (entirely a work of hope & fiction) Chap. 1 – December, 2023      Following the Colorado Supreme Court\u2019s decision that Trump is ineligible to … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"_links":{"self":[{"href":"http:\/\/andydawkins.com\/index.php?rest_route=\/wp\/v2\/posts\/3148"}],"collection":[{"href":"http:\/\/andydawkins.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/andydawkins.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/andydawkins.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/andydawkins.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3148"}],"version-history":[{"count":3,"href":"http:\/\/andydawkins.com\/index.php?rest_route=\/wp\/v2\/posts\/3148\/revisions"}],"predecessor-version":[{"id":3151,"href":"http:\/\/andydawkins.com\/index.php?rest_route=\/wp\/v2\/posts\/3148\/revisions\/3151"}],"wp:attachment":[{"href":"http:\/\/andydawkins.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3148"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/andydawkins.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3148"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/andydawkins.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3148"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}