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$Thomas Wood \U0001f30a$

Thomas Wood 🌊
@twoodiac 5 years, 7 months ago 700 views

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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

That is relevant and important here because under the terms of the statute (construed as it must be), the plotters and actors in the assault on the Capitol yesterday committed OBSTRUCTION OF JUSTICE, 6/10

because it is abundantly clear that the purpose of the assault was to disrupt, delay, and otherwise prevent the certification of the Electoral College ballots by Congress. Anyone intending to accomplish that can be charged and convicted for up to 20 years in prison. 7/10

Prosecutors shouldn’t have any difficulty showing that Giuliani (probably with the full awareness of Trump, which would make him an accessory to the crime) and bad actors in the Capitol Police and House “Freedom” Caucus are legally liable under the OOJ statute. 8/10

Here is the statute in relevant part: 9/10

Immediately prosecute, impeach, and remove under 18 U.S.C. § 1512, where the violation is easier to prove. Prosecuting all the plotters and actors for an attempted coup is also essential, but it can come later. 10/10

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$Thomas Wood \U0001f30a$

Thomas Wood 🌊
@twoodiac

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

$Thomas Wood \U0001f30a$

Thomas Wood 🌊
@twoodiac

It was a foregone conclusion that Trump would lose the TX case, but why did he say “This is the big one?” 1/9

We will be INTERVENING in the Texas (plus many other states) case. This is the big one. Our Country needs a victory!
— Donald J. Trump (@realDonaldTrump) December 9, 2020

Because the TX case rested on the proposition that a national election can be nullified and “overturned” (a term Trump actually used in a tweet) on the grounds that it does not satisfy conditions determined by the incumbent president 2/9

and the states governed by that president’s political party--
(e..g., no votes by voters receiving mail-in ballots who do not request those ballots shall be deemed legitimate.) 3/9

This litigation was intended to nullify all the votes in all 50 states, and would have called for a new election. It challenged election procedures, not just election results. And it did not require any proof of fraud or undercounts or overcounts. 4/9

In other words, no national election can be legitimate that fails to reelect the incumbent president--in this case of course, Donald J. Trump, the Supreme Leader of the *real* America. 5/9

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$Thomas Wood \U0001f30a$

Thomas Wood 🌊
@twoodiac

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

If Biden nominates Sally Yates, it will be a pretty clear signal that the D voices who believe that Trump and his enablers must be held accountable for a uniquely lawless presidency have carried the day. 2/8

Since I’m hoping Biden will nominate Yates, it is encouraging that Biden has waited so long to announce his selection for AG. (It is going to come now after the Electoral College formalizes Biden’s election on Monday.) 3/8

(Trump’s outrageous attempt to overturn the 2020 election--“overturn” being a term Trump actually used in a tweet--has probably made it more likely that Biden will take a hard line on all this. He certainly should.) 4/8

If Yates is nominated, the writing will be clearly on the wall for Trump, who in its wake would probably make a deal with Pence involving his resignation some time before inauguration day and a pardon for all his federal crimes. 5/8

$Thomas Wood \U0001f30a$

Thomas Wood 🌊
@twoodiac

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

$Thomas Wood \U0001f30a$

Thomas Wood 🌊
@twoodiac

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

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explores the apparent impedance mismatch between inductive biases and causal reasoning. But isn't the logical thinking required for good causal reasoning also not an inductive bias?

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4) David Kurnick nicely illustrates this phenomenon:

5) But none of this is method discussion. Talking about ourselves, how we approach our objects of study, our motives and objectives, our commitments, etc. would be the *beginning* of a method convo in every other discipline. In lit studies it's the *end*, or the whole convo!

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