I won't summarize the crisis our republic faces: we all know it too well. I will, however, remind each of us to recall that the peril is immediate and supersedes other concerns. America must remove Donald Trump from the office of President. All else depends on this: our nation's future and the stability of the world are at stake.
Before continuing, remind yourself that there's no time machine or Constitutional process to force the Catastrophe of 2016 to be reversed or overturned. This is where we are. We go forward not from a point of our choosing, but from this awful point of departure – which will be worse before it is better.
What does a Constitutional coup look like? It looks like the 25th Amendment; it is a legal process.It will be met with fury by the Trumpist thralls, and not without reason: the powers that the 25th Amendment unleashes are themselves perilous to our democracy. It is astonishing that they exist. But we must be clear that this is a crisis such as our political system has never faced apart from the Civil War itself.
It may help to reread the 25thAmendment, Article 4, and then return.
The Democrats' Responsiblity
Democrats must save the country. The current Republican Party has demonstrated that it is incapable of the most basic duties of governance, from selecting a leader to performing legislative functions.The wreckage of their party is the new landscape of our politics. All they have done successfully is sow division by lying about their motives and plans; nearly all of them have proved willing to destroy access to health care in order to provide tax cuts to the wealthy – and thankfully, their incompetence and deceit deterred them.
They control the White House, the House and Senate, and (through lies) the Supreme Court, as well as the majority of statehouses and governorships. The hubris of their victories will be studied for generations to come – if we can save our republic for us and our descendants.
We will have to be not just adults, but“Statesmen.” When Trump is driven from office, the next Presidentwill be a Republican unless we are willing to wait until forthe new Congress in January 2019 – and we must not do that. Thereis no great “win” to be salvaged from the Catastrophe. Chaos is aladder for demagogues, not democracies.
A Grand Bargain to Save Our Republic
Looking into the jaws of the national disaster, ready to chew up our political system and spit it back out in broken pieces, I'd argue we are not in a weak position. Critically, every single Democrat in the House and Senate stood firm against the GOP's sell-healthcare-for-tax-cuts madness. Bruised and battered, many mistrustful of our leaders perhaps, we are nonetheless capable of unity to Do The Right Thing. Our Congressional leadership may, indeed, be capable of this.
Democrats must offer a way forward to the GOP – publicly, not behind closed doors. It might look like this:
1. The 25thAmendment must be activated
2. Congress must pass legislation to approve it by the method itdetermines
3. Democrats will support this if a new accommodation is agreed:
— first, federal judges will require 2/3 vote in Senate
— second,Congressional committees will be 50/50 membership
— third, Acting President Pence (I know! But we are where we are!) will accept a Vice President chosen by 60% of the Senate and House
— fourth,cabinet members will require 60% approval in the Senate
4. Current investigations in both houses and the Justice Department will continue unmolested
5. This accord will be in force through January 20, 2020
I think this is a specific enough set of demands to take to the streets.
The Rationale
Put simply, if we care incapable of forming a national unity government,then we may not as a nation deserve to.
Second,the Republican Party cannot be trusted to drive the Federal car unsupervised at this juncture — we must be clear on that point. They have proven to themselves, the nation, and the world that cannot be trusted to drive responsibly. I can't help that this is a bitter pill for them to swallow, but there is no denying it.
So why should Democrats help put their house back in order? In fact, I have little doubt that they can. Meanwhile, the nation must return to a governable condition. If Democrats organize well on the issues of healthcare; income justice; equality of race, creed, and gender+; the climate crisis; fair districting and more, we should be able to win on policy. Remember, we've won the popular vote in every election but one –and that just barely – since 1992.
But sadly, policy is not the main issue here. This is our Constitutional government's Pearl Harbor, our Lexington and Concord. We must not be sunshine patriots; we must save the country as our first order of business.
The Chances
With every passing day, the crisis will grow worse. At minimum, we need 3 Republican Senators to come on board – which, if the healthcare debacle is a guide, seems possible. In the House, we would need 24 GOPers; 20 broke ranks on Obamacare repeal.
And what is the alternative? Donald J. Trump IS President. He will be until he is removed from office or from power. He will not be removed from office by impeachment by a Republican Congress. The only other option is the 25thAmendment – he remains President in name but loses all authority (presumably he would resign, but who knows?). These are the only two legal options.
The Aftermath
This is, effectively, a coup, by legal means; we must recognize that terrible reality. The case must be made strongly and in full public view. We must all stand to do everything we can to encourage calm, and not be roused by the violence of the large and armed right-wing fringe to act in any way other than civil society demands. If the National Guard are required, then we must call them up and let them do their jobs.
Removing a President is a dangerous prospect. His supporters will have reason to feel robbed. But the threat President Trump poses to our nation must be recognized, and the only conclusion is that he must go. We are where we are, God help us.
Let us seize an opportunity to work for a better country. I don't know if we can do this; I only know we must.