The most important remaining nomination for Biden to announce is the most important one he will ever make: for Attorney General of the United States. 1/8

The evidence is mounting that what we witnessed yesterday was an attempted coup (related terms are “insurrection” and “sedition”). 1/10

But it is important to note that the bad actors involved in the events can be sent to jail (for up to twenty years) for something that falls short of an attempted coup and is easier to prove in court: obstruction of justice. 2/10

The relevant federal statute is 18 U.S.C. § 1512--a statute, you might recall, that figures prominently in the Mueller Report. 3/10

Bill Barr, who wanted to construe the statute narrowly, contested Mueller’s interpretation of the statute. There is a lengthy reply to Barr’s construction (which I think might have been written by Michael Dreeben) in the Report. 4/10

The Report establishes conclusively that Barr’s interpretation violates every known principle of statutory construction, and it is fun to read the Report and see Barr get *destroyed* on this point. 5/10

Biden saying that Rs “beat the living hell out of us” in downballot races across the country is significant, because (1) he said it to an audience that didn’t really want to hear it and https://t.co/FM7OwUgWYH 1/8

(2) because he wouldn’t have said it unless it was based on conclusive internal polling. 2/8

It is also encouraging if it *is* the correct analysis of Ds’ disappointing-- even calamitous--electoral outcomes in downballot races.

It is encouraging because it is easily remediable with better messaging. 3/8

In fact, Biden made it clear during the election that he did not favor actually defunding the police: that he only favored reforming the police, and specified policies to do that. But he didn’t say it loud enough, and downballot D politicians didn’t either. 4/8

(The R messaging over “defunding the police” seems to have worked to protect R politicians in downballot races, but wasn’t enough to get Trump himself reelected over the repugnance Ds and Independents felt for him.) 5/8

There were at least two insurrectionist plans that day.

As I’ve written previously, one of the plans was simply to either take Pence hostage or to assassinate him. 1/28

That was the more extreme plot, and it is an interesting question whether and to what extent Trump, Giuliani, some WH aides, and some nationalist insurrection members of Congress knew of the plan and either facilitated it or condoned it. 2/28

But there was another plan, less violent and extreme, but equally seditious, which we know was supported by a number of extremist members of Congress. It was also the plan that Trump and his personal lawyer Rudy Giuliani publicly espoused. 3/28

That plan was simply to ensure somehow, by force or by intimidation, that the certification of the election by Congress failed or fell short on January 6--the constitutionally mandated date for the final and determinative certification of the election. 4/28

The principal target here was VP MIke Pence. Pence had already announced publicly that he would not throw the election in the way that Trump had demanded because he lacked the statutory and constitutional authority to do so (which was, of course, perfectly true). 5/28

As I have pointed out in a previous posting, many of the rioters found to their dismay and bewilderment that there was no plan, at least that they could discern, for the mob to carry out that day. 1/63

The only thing they knew is that there had been a call to action--and to a large extent to arms as well--to disrupt the certification of Biden’s electoral college win. 2/63

According to Ali Alexander (formerly known as Ali Akbar) the idea was to show up so angry and in such overwhelming numbers that it would “change the hearts and the minds of Republicans who were in that body, hearing our loud roar from outside.” 3/63

(In fact, there is mounting evidence that Ali and other organizers of the event intended for the rioters to get INSIDE the fenced-in perimeter and even the building itself, which would in themselves have been unlawful actions--but that is a subject for another thread.) 4/63

Ali’s description might well fit the motives of many in the mob that assembled on January 6. But the more interesting and important question is: What did Trump and the activists and event organizers expect (or a least hope) that the *members of Congress* would do that day? 5/63

@simonbarrow @Ekklesia_co_uk Some thoughts on Fintan's piece.

Can Joe Biden make America great again?

Since the day Trump was elected America as we thought we knew it was over, there was no way back, there would only be a way forward. This was not necessarily bad, bc the old imperial America did much harm in the world. 1/

The fissures O'Toole points to have always been there. White supremacy has structured our society far more than ppl realize bc it's been internalized as a communal assumption about who should wield political and eoconomic power. 2/

The task facing Biden is enormous, perhaps the most challenging any president has ever faced and O'Toole captures the complexity of someone who knows suffering being able to lead/offer us vision in this moment. I have consistently underestimated him . . .3/

but perhaps he is the bridge to what comes next. I think it is undeniable that we are now sliding toward open civil war, being held hostage to the guns we allowed to proliferate, but Biden, if he sees clearly, could help. Public facing rhetoric of healing is fine, 4/

so ... I saw this and comment @GhostEzra made underneath

Has there been a moment in modern history where so many people in free societies have believed such damaging lies?
https://t.co/HrZcnJJ61W
1/

It’s easy to point to the US, where nearly 90 per cent of people who voted for Donald Trump believe Joe Biden’s election victory was not legitimate.
2/

But it’s not just the US. In France, a minority of adults are confident that vaccines are safe, which explains why only 40 per cent say they plan to get a Covid-19 shot.
3/

Meanwhile, across the world, substantial minorities believe that the Covid-19 fatality rate has been “deliberately and greatly exaggerated”.
4/

How did it come to this? The simplest explanation — to repurpose a phrase from former US Treasury secretary Larry Summers — is: “There are idiots. Look around.”
5/

THREAD ➡️ President Biden has just issued an unprecedented number of foolish and economically destructive executive orders. So much for unity. You might be wondering how he is allowed to do this. After all, America isn't a dictatorship and the president doesn't make laws.

Put simply: Congress. Every president issues guidance to the executive branch. That's normal. But when Congress passes bad, vague, or imprecise laws, it opens up space that executive orders fill. In other words, Congress enables presidential discretion.

This is THE biggest problem with Congress today. You may have heard that America has three coequal branches. This is wrong. Congress is the dominant branch of government. We are the first branch, and we have the most power over the other two.

Our constitution is designed to have Congress at the center. We are supposed to be making laws and directing the government. The president and the federal courts are empowered to check Congress, but they are not supposed to replace our legislative authority.

So what happens when Congress decides not to play its part? First, the other branches step in to fill the space. Courts legislate from the bench. The president and bureaucracy tackle problems and policy however they like.