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    Republicans are playing with fire. And we all risk getting burned | Laurence H Tribe

    Imagine raiding Versailles with a herd of bulls. You probably won’t make it past the gates, and you certainly won’t wind up King of France, but you would irreparably trample the gardens and might well erode the foundation. That’s more or less how I view Donald Trump’s current assault on the election.Let’s begin with the obvious: Joe Biden will become the 46th president of the United States on 20 January 2021. As Benjamin Wittes recently explained, “It is exceedingly difficult to steal an election in the United States.” I encourage interested readers to look through his analysis, which I believe is spot on. I’ll quickly sum up the legal arguments.Trump’s lawsuits will not award him the presidency. To win, Mr Trump must prove systemic fraud, with illegal votes in the tens of thousands. There is no evidence of that so far, and evidence of widespread fraud is unlikely to arise in an election that Trump’s own Department of Homeland Security just labeled “the most secure in American history”. His lawsuits are, as one commentator aptly put it, “too absurd to be even dignified as frivolous”. As of this writing, he is 0-12 in court, a batting average that would shame even a little league baseball player.His lawsuits are also mathematically useless. He has focused on 2,000 ballots in Michigan where, at the time of this writing, Biden leads by 148,645 votes. He’s challenging a whopping 180 ballots in Arizona, a state recently called for Biden with a lead of 11,434. Georgia’s short-lived lawsuit sought to shave 53 ballots off a 14,057-vote lead. Elsewhere, the math is much the same.Nor will any recounts move the needle. The largest recount swing in history – Florida’s 2000 recount – changed only 1,247 votes. Recounts currently under way in Wisconsin and Georgia should look more like Wisconsin’s 2016 recount, where the margin shifted by 571 votes. Neither number even approaches Biden’s margins.More far-fetched scenarios are, well, far-fetched. State and local election officials, who do not report to Trump, are on track to certify Biden’s electors in the next few weeks. State legislatures are understandably reluctant to bypass their own constituents by certifying Republican electors, which would in any case be ineffectual and might well be unconstitutional. And the possibility of Trump mobilizing military resources to barricade himself in the White House on 20 January is almost certainly fanciful.Many Americans are laughing at Trump, joking that he’ll take the fight from the Four Seasons Total Landscaping building next to a porn shop all the way up to the Supreme Courtyard by Marriott. The man is a clown and deserves every ounce of ridicule thrown his way.But Republican leaders aren’t laughing. Not even close. They’re backing the president step by frivolous step. What began with exhortations to let legal challenges run their course seems to be escalating, withMike Pompeo giggling about a “smooth transition to a second Trump administration” and the House minority leader saying he doesn’t know if Biden will be president on 20 January.Donald Trump is a clown and deserves every ounce of ridicule thrown his wayMost materially disturbing is a memo from the attorney general, Bill Barr, that opens the door for politically motivated federal investigations. The memo lowers the bar for new investigations, allowing the DoJ to investigate “irregularities” instead of only “potential crimes”. It also explicitly permits investigations before election results are certified, a departure from the department’s longstanding practice of avoiding electoral interference. Barr’s memo promises a steady drip of misinformation to gloss Trump’s legal claims with a veneer of plausibility.Consciously undermining democracy by elected officials should be shocking. Shockingly, it isn’t.Republicans have spent four years engaged in a kind of performance art to stroke the fragile ego of their “Dear Leader” and appease his base. This time around, Republican politicians dance on Trump’s command to secure control of the Senate in this January’s runoff elections and extend their majorities in 2022 and 2024. Maybe some Republicans feel stuck, unable to do anything but play along with Trump’s latest delusion and hope that the federal judiciary will be a bulwark against tyranny, saving them from themselves. It’s an uncomfortable position, but not unexpected in a party that, data shows, has taken a hard turn toward authoritarianism in recent years. (To Republicans bristling at the characterization: you know you’re tilting authoritarian when Turkey’s strongman recognizes the results of a US election before you do.)Or perhaps the Republicans just wanted a distraction. The Senate’s ramming through unqualified judicial nominations has been bumped below the fold. Trump’s recent purge of the military’s high-level civilian leadership, while concerning to some, has met only mealy-mouthed displeasure from Republicans committed to backing his electoral posture. Commentators predict that Trump hopes to shield himself from future federal prosecution or selectively declassify information that undermines the Russiagate investigation with his new Pentagon personnel. And stoking election conflict is providing cover for the White House conman to fleece his loyal followers once again. A fundraising campaign promised to “stop the steal” but actually lined the pockets of Trump’s personal Super Pac.As one commentator put it Trump is orchestrating “not a coup, but a cover-up and a con game”.Republicans might succeed in holding Trump’s base. They might confirm a few more judges and retain control of the Senate and successfully grift Magaphiles. But they’re playing with fire and we are all in extreme danger of getting burned.History shows: “When politicians break democracy, they are wrong to think they control what comes next.”You’d think the modern Republican party would have learned this lesson. After Obama’s election, the neo-conservatives sold their souls for tax cuts. They welcomed birthers and bigots into their big white tent. They expected Paul Ryan would take the Republican mantle. Instead they got Trump. Even the most repugnant Republicans hated him. After Trump denigrated Ted Cruz’s wife, the brave senator shot back, calling Trump a “sniveling coward” and vowing that he would not “go like a servile puppy dog” and support then-candidate Trump.Fast forward to this week: Cruz rushed to the president’s defense after Don Jr publicly shamed “2024 GOP hopefuls” for failing to lick his father’s boots. Ask Ted whether he’s steering the party, or whether the party is steering him.If Republicans are telling themselves that “this time it will be different,” that they now know how to harness the explosive cocktail of economic displacement and racial anxiety, they’re flat-out wrong.Biden’s administration will probably be the first thing burned. In forcing the federal government to delay presidential transition, Trump and the Republicans have denied the president-elect access to transition funds, barred incoming personnel from processing security clearances, and prevented Biden from receiving intelligence briefings. While Biden and some of his senior staff know how to run a White House, they still need a smooth transition to hit the ground running full speed.Republicans don’t seem to appreciate how the country as a whole could suffer. Early stumbles in an administration can be catastrophic. The 9/11 commission found that delays with President Bush’s transition prevented him from hiring national security personnel, which in turn left us vulnerable to the attacks. President Biden needs every waking moment between now and 20 January to prepare for the known challenges: a raging pandemic, a tanking economy and a fractured country. The Republican party’s obstinance will amplify those threats and probably create new ones.This election denialism erodes national security in the immediate term, too. With America’s attention directed inward, our allies are worried and our adversaries are emboldened. This president has spilled classified information and permitted Russian bounties on the heads of American servicemen and women. The harm that he is doing to the nation’s defenses as he draws out the election, and the even greater harm he’s capable of doing as long as he has his fingers on the nuclear codes and his hands on the instruments of executive power, is incalculable.The damage he and the Republicans are doing to democracy may be even worse.Our system requires legitimate government, which requires legitimate elections. As Senator Chris Murphy put it, if Republicans convince half the country that “those people that got elected were illegitimately chosen, then so must be the actions they take when they get in office.”America has a long history of violently disobeying allegedly illegitimate governments, stretching from the Revolution through secession to the recent plot to kidnap and execute Michigan’s governor for “treasonous” Covid-19 restrictions.Even if violence doesn’t ensue this election cycle – and I fervently hope it won’t – the degradation of democracy will reverberate for years to come. Democratic self-government is not a condition, it’s a practice. The colonies practiced for over 150 years before forming a union, and even then they succeeded only on the second try. We practiced poorly for a century before unshackling our fellow citizens, and it took another 50 years of effort to enfranchise America’s women. We have not been perfect, but we have constantly endeavored to embody our ideals, to ensure that government of the people, by the people, and for the people will flourish in our great nation.When we begin to doubt that government does reflect and represent the people, we begin to doubt that it ever can.Republicans are sowing those seeds of doubt. And if we allow them to germinate and grow, we’ll soon find thorny disunion where our manicured garden of democracy once bloomed. No, the gates won’t be overrun and yes, the Biden administration will take office on 20 January.But we should all worry whether that will be enough. To Republican leaders: democracy needs your help to flourish. Please, put patriotism above party loyalty before it’s too late. More

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    Donald Trump comes close to admitting defeat but stops short – video

    Donald Trump appeared to come close to acknowledging Joe Biden’s election victory in a Rose Garden press conference.
    Discussing the possibility of a national lockdown, the president said: ‘Whatever happens in the future, who knows which administration it will be, I guess time will tell … this administration will not go to a lockdown.’
    Donald Trump has refused to concede to president-elect Biden, instead making false claims of mass voter fraud.
    US politics live
    US election results 2020: Joe Biden wins presidency, defeating Donald Trump More

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    'Failure is not an option': Biden's Covid taskforce ready to step up

    President-elect Joe Biden has set up a 13-member coronavirus advisory board will play a high-profile role in helping the Biden-Harris administration contain the coronavirus pandemic in the US as it enters its deadliest phase so far.
    “Failure is not an option here,” Dr Michael Osterholm, an epidemiologist at the University of Minnesota and a member of the advisory board, told the Guardian. “We have to do whatever we can to reduce the impact of the virus on our society.”
    The high-powered board, which includes a former US surgeon general, a former Food and Drug Administration commissioner, leading virologists and experts in bio-defense and the health of marginalized populations, is an about-face from the Trump administration.
    Trump routinely muzzled scientists, pushed misinformation, sought to change scientific guidance for political purposes and shunted much of the Covid-19 response to states.
    “The work has been going on for months,” said Dr Celine Gounder, a clinical assistant professor of infectious diseases at NYU Langone Health’s department of medicine, and a member of the advisory board. “The role of the advisory board is sort of bigger picture, to have a second set of eyes on these plans to provide feedback and to be thinking big ideas.”
    The coming weeks of the Covid-19 pandemic will be among the most challenging, as the US shatters records for new coronavirus cases and hospitalizations, with deaths sure to follow, and economic fallout likely.
    The disease has killed 242,000 people and is claiming more than 1,000 lives a day. The rate of Americans hospitalized has more than doubled over two weeks, and the coming holidays threaten to make the pandemic exponentially worse.
    “It’s important to understand virtually the entire US is becoming a hotspot, which means nothing really is a hotspot any more – everything is,” said Osterholm.
    The Biden campaign laid out a multi-pronged plan for dealing with the virus, including:
    shared guidance on reopening from the US Centers for Disease Control and Prevention;
    an enormous expansion of testing and production of protective equipment;
    an expansion of health insurance benefits;
    a multi-pronged, logistically challenging, vaccination campaign to provide free shots;
    hiring 100,000 new public health workers;
    and lobbying for coronavirus economic relief.

    The scientists and researchers tapped by the Biden-Harris administration will work with that blueprint, as well as look broadly at how to address public trust, rampant viral spread, vaccine distribution and even novel solutions such as screening entire towns for Covid-19, according to Gounder.
    “Really scaling up testing is a big priority, because you can’t really understand how the virus is spreading if you don’t have that kind of data,” said Gounder. Importantly, there is disagreement on the board – not everyone agrees on how to approach the pandemic response, and this is by design.
    President-elect Joe Biden has made a stark departure from the strategy of his predecessor, and assembled a group of 13 of the nation’s foremost scientists to lead a federal response to the pandemic.
    The group’s very appointment is a stark departure from Trump’s administration, which has still refused to concede or aid in a transition. Biden has also signaled he would turn much of the federal government to face the Covid-19 challenge. He announced a 52-member Covid-19 transition team to coordinate across federal agencies.
    Trump’s intransigence has consequences – the most ambitious plans of this group will probably have to wait until 20 January when Biden takes office. Still, as a nationwide surge of infections grips the country, the group can address perhaps its most important challenge – getting buy-in from the American people.
    “[Biden’s] single biggest challenge is going to be re-establishing trust,” said Dr Leana Wen, an emergency doctor and public health professor at George Washington University, who is not involved in the advisory board. She previously served as Baltimore’s health commissioner. “We won’t be able to stop the surges and infections if half of the country does not follow his guidance.”
    Overwhelmingly, those who rated the economy as their top issue voted for the now outgoing President Trump. But those people must be brought on board to participate in public health measures such as mask-wearing and social distancing to stem the tide of infection.
    “If I could change one thing right now, I wish everyone in this country could spend just one hour in an intensive care unit,” said Osterholm, as a way to convince the American public of the severity of the disease. “That’s been one of the challenges – is the fact that people still think this is not real.” More

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    ‘They know their vote matters’: the Georgia Senate runoffs battle is already on

    Donald Trump may have forced a recount of the votes in Georgia that helped end his presidency, but the activists who organised the surge in turnout that helped defeat him have already turned their attention to two elections that will decide who controls the US Senate and the course of Joe Biden’s presidency.
    Tens of millions of dollars are pouring in to the Georgia runoff races, which can be expected to draw Biden back to the campaign trail as voters have the opportunity to make history by defeating the state’s two Republican senators to give the new president control of both houses of Congress.
    Traditionally, turnout has been low for runoff elections and that has favoured Republicans. But the presidential race in Georgia has already turned conventional political wisdom on its head. A concerted get out the vote campaign over recent years, combined with a surge of political engagement by younger people over demands for racial justice, narrowly swung the state for Biden. More

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    Is Joe Biden's win a turning point in a hard year of bad news? | Candice Carty-Williams

    I’d describe myself as a realist. In the past, friends have described me as a pessimist, probably because I tend to err on the side of the very worst thing happening. When it’s come to 2020, my realism has been working very hard, and my friends have joined me in that. They don’t call me a pessimist any more, because actually there’s been very little to be optimistic about. It has been one thing after another. So many little hits of pain and disappointment.When it came to the US election, though, I was hopeful. The part of me that has always adjusted to expecting and preparing myself for the worst was dormant. I even surprised myself. We’ve all had such a hard time, and so consistently, that bad news had become predictable. Some part of me knew that we had to have one positive outcome from this year (or maybe even two, with the possible new vaccine breakthrough). And I think that some part of all of us, whether or not we live in the US, or have friends or family there, pinned on it a sense of life, on the whole, getting better. In some way, perhaps the US election ended up symbolising the light at the end of a tunnel we never thought we’d emerge from. More

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    Trump comes close to admitting defeat but stops short of formal concession

    Donald Trump has come closer than ever to admitting that he lost the US presidential election, suggesting “time will tell” but stopping short of a formal concession to president-elect Joe Biden.
    In his first public remarks since his defeat was announced, Trump appeared to catch himself making a slip of the tongue as he discussed the possibility of a Biden administration imposing a national lockdown to combat the coronavirus pandemic.
    “Ideally we won’t go to a lockdown,” the president told reporters in the White House Rose Garden. “I will not go – this administration will not be going to a lockdown. Hopefully the – whatever happens in the future, who knows which administration will be.”
    Trump added: “I guess time will tell. But I can tell you this administration will not go to a lockdown.”
    Biden was proclaimed the winner of the election last Saturday, a result Trump has refused to acknowledge while launching legal challenges based on unsubstantiated claims of fraud. The homeland security department on Thursday declared it the most secure election in US history with no evidence of votes being compromised or altered.
    The president had issued dozens tweets and retweets but had not been seen in public except for a Veterans’ Day ceremony at Arlington National Cemetery. It was the longest spell the American people had gone without hearing him speak since he took office.
    Finally, on Friday, Trump held a press conference at the White House to provide an update on Operation Warp Speed, the effort to create a vaccine for Covid-19. The event, attended by Vice-President Mike Pence and coronavirus task force coordinator Deborah Birx, took place one day after the US set a single-day record of more than 160,000 new cases.
    Trump said he expects a vaccine to be available for the entire population as soon as April and an emergency use authorisation for Pfizer’s vaccine “extremely soon”. Pfizer has said it expects to report required safety data next week and can then apply for an emergency use authorisation.
    Although he appeared deflated, his hair grey instead of its customary blond, Trump still dived into familiar territory, boasting about economic recovery and settling scores with one of his political foes, New York governor Andrew Cuomo.
    The government would not deliver a coronavirus vaccine to New York state if and when it becomes available, Trump said, because the state has promised to do its own review to ensure their safety.
    Cuomo “doesn’t trust where the vaccine is coming from”, Trump complained. “These are coming from the greatest companies anywhere in the world, greatest labs in the world, but he doesn’t trust the fact that it’s this White House, this administration, so we won’t be delivering it to New York until we have authorisation to do so and that pains me to say that.”
    Cuomo dismissed the attack. In an interview on MSNBC, the governor said: “None of what he said is true, surprise surprise. We’re all excited about the possibilities about a vaccine. It’s not that people don’t trust the vaccine companies, the pharmaceutical companies. Pfizer’s a great New York company, Regeneron is a great New York company.
    “But an overwhelming percentage of Americans are worried about political interference in the vaccination process, in the approval process, by the president. The American people trust the drug company more than they trust the president.”
    Criticism of the administration’s response to the virus, which has killed more than 243,000 in the US, became a central argument for Biden ahead of the 3 November election. There have been more than 100,000 new confirmed cases reported daily for more than a week. The secret service is experiencing a significant number, many believed to be linked to Trump’s rallies in the closing days of the campaign.
    Biden has devoted most of his public remarks to encouraging Americans to wear a mask and view the coronavirus as a threat with no regard for political allegiance. He has not endorsed a nationwide shutdown but appealed for Trump to take “urgent action”.
    “The crisis does not respect dates on the calendar. It is accelerating right now,” he said in a statement on Friday.
    Public health experts have warned that Trump’s refusal to take aggressive action or to coordinate with the Biden team will only worsen the effects of the virus and hinder the nation’s ability to swiftly distribute a vaccine next year.
    Yet Trump continues to stall the presidential transition. When an interviewer on Fox Business suggested that it would look sad if Trump does not attend the inauguration on 20 January, White House press secretary Kayleigh McEnany replied: “I think the president will attend his own inauguration. He would have to be there, in fact.”
    There is no evidence of widespread fraud in the election. Officials from both political parties have stated publicly that the election went well, and international observers confirmed there were no serious irregularities. Trump’s legal team continues to pursue election lawsuits that have gained little traction in the courts. More

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    Trumpism will persist until we rekindle faith in people’s ability to reshape the world | Jeff Sparrow

    About 70% of Republicans apparently believe the 2020 presidential election to have been neither free nor fair.That’s a big chunk of voters rejecting, on entirely bogus grounds, the legitimacy of the new president.And it’s not the first time either.From 2011, Donald Trump engendered support for his own tilt at the White House by questioning the legality of the Obama presidency. He built his political career upon the embrace of “birtherism”, a racist conspiracy that emerged during the election of 2008.Back then, rightwing blogs and talk radio shows claimed Obama was not a “natural-born citizen of the US”, and thus ineligible for office under Article Two of the constitution.A Harris Poll in 2010 found an astonishing 25% of respondents questioned Obama’s right to serve, as the birthers tried to persuade electoral college voters, the supreme court and members of the college to block his certification.More than any other figure, Trump brought that rejection of Obama’s legitimacy into the mainstream.“If he wasn’t born in this country, which is a real possibility …” he told NBC’s Today Show in 2011, “then he has pulled one of the great cons in the history of politics.”For the Tea Party movement and the Republican fringe, birtherism underpinned a rightwing conviction that Obama’s presidency represented a kind of coup.You don’t need to cry fraud to explain recent presidential electionsMind you, after the 2016 election, a significant proportion of Democrats thought the same about Trump’s victory.As David Greenberg notes, Hillary Clinton, Jimmy Carter and John Lewis were among those who publicly labelled Trump “illegitimate”, elected only as the result of Russian meddling. Some Democrats blamed Vladimir Putin for the WikiLeaks release of the Podesta emails or suggested Russian social bots fixed the outcome; others falsely claimed that voting booths had been rigged or that Trump was in fact a “Manchurian candidate” employed in Putin’s service.For such people, Trump wasn’t merely an odious, rightwing demagogue. He was also an impostor, whose presence in the Oval Office signified systemic institutional failure.The refusal by Trump’s supporters to accept the 2020 result as genuine didn’t then come entirely from nowhere. Indeed, it’s been a long time since partisans of a defeated presidential candidate haven’t denounced the process that allowed their opponent to win.Perhaps we shouldn’t be surprised.For years, surveys have revealed a massive and ongoing decline in trust in basic institutions, including those associated with democracy.In early 2020, for instance, the communications firm Edelman polled 34,000 people in 28 countries for its Trust Barometer report. It found a tremendous decrease in the public’s respect for institutions, with almost everywhere “government and media … perceived as both incompetent and unethical”.Fifty-seven percent of those surveyed believed the media to be “contaminated with untrustworthy information” and 66% did not expect government leaders “to successfully address our country’s challenges”.Even in Australia, one of the wealthiest and most secure nations in the world, more than half of people polled saw the system as failing them, and a large majority no longer possessed confidence in the media.We might think this cynicism would favour progressives, given the left’s longstanding critique of institutional power.But it’s not as simple as that.Obama won office because George W Bush had plunged America into permanent, unpopular wars. Trump triumphed in 2016 because he faced a weak opponent; he lost in 2020 when his response to Covid-19 revealed his utter ineptitude.In other words, you don’t need to cry fraud to explain recent presidential elections. You can understand the outcomes easily enough in terms of decisions by voters.But only if you acknowledge voters’ ability to make such decisions.Conspiracy theories proceed on an entirely different basis. They present ordinary people as gulls, the perpetual dupes of power; they suggest events unfold, always and everywhere, according to the will of hidden string pullers.Rather than asking why their candidate didn’t appeal to electors, the conspiracist looks for external manipulation – implicitly accepting that only the elite can make history.In different circumstances, a widespread cynicism about the existing institutions might propel a movement to deepen and widen participation in political affairs. Right now, however, it seems to be linked to a prevailing pessimism about democratic agency, one that can all too easily provide openings for authoritarian demagogues.Joe Biden takes office as the embodiment of American business-as-usual. Despite polling far more votes than Trump, he remains the ultimate insider, associated with many of the most consistently hated policies in recent years (from the Iraq war, which he championed, to mass incarceration, which he helped initiate).Not surprisingly, if you survey rightwing social media, you can see the new argument cohering at a frightening speed, with more and more accounts claiming that Biden was illegitimately foisted on honest Americans by a nefarious elite. Far-right agitators, many of whom had long since given up on Trump, have embraced the #stopthesteal campaign with enthusiasm, with the upcoming Million Maga march potentially bringing together motley white nationalist and fascist groups in what looks very much like an attempted reprise of the Charlottesville Unite the Right rally.Just as Trump’s rise inspired imitators elsewhere, we should expect the right’s narrative to spread internationally. Already, baseless allegations of electoral fraud have been echoed by Australian politicians – and it’s still early days yet.Trump might be gone but, until we can rekindle faith in ordinary people’s ability to reshape the world, Trumpism will remain very much with us. More