We have heard much of what our constitutional democracy is about. The January 6 committee's public hearings are a great civics lesson of what Democracy is not. The first three January 6 select committee House hearings present examples of the anti-democratic forces at work that threaten the continuation of our democratic form of government. The litany of what is American democracy has become a series of cliches: majority rule, free and fair elections, the balance of powers with three branches checking on the power of each, and a whole series of amendments that protect citizens from being depowered by government, the rule of law and peaceful transfer of power when replacing the old administration or with a new one. The participants in the January 6 riots and Trump's circle of advisors claimed they were the true protectors of democracy and the Constitution, even using some of the same fine words.. What they were advocating and what actions they planned and executed were not democracy in form or in, spirit, or words. A highly respected conservative justice testified the attempt of the Trump approach on January 6 and its applications to future elections was "a clear and present danger" to democracy. Jan. 6 hearing: Trump remains 'clear and present danger' to American democracy, retired GOP judge tells panel (cnbc.com)
Here is what we learned from the hearings so far, Note: testimony was given by those on Trump's staff, cabinet, family, and loyal supporters during sworn depositions and live hearings: Videos of the rioters and their own words were also used in the hearings.
Democracy is not about one person determining the winner of an election. Pence was pressured by Trump and others to be that person. A law professor, John Eastman, outlined a legal case in which he claimed Pence had the power to reject a slate of electors or to send the issue back to state legislatures. Even Eastman admitted to White House attorneys it would be declared unconstitutional on a 9-0 vote, but he sold it to Trump, and Trump then attempted to pressure Pence and failed. .
Democracy is not about ignoring, subverting, or failing to comply with the rule of law. It is not about loyalty to a person, but it is about complying and obeying the rules set forth by a representative democracy. Trump expected being loyal to him meant even breaking the law on his behalf, urging Pence to violate the law in certifying the election. He asked a Georgia election office to "find" the exact number of votes to change the state's vote for Biden, even though there was no evidence of fraud. (This is similar to forcing his attorney to break the law to cover up a pay-off for an evening with Stormy Daniels or to tell a president of Ukraine to find dirt on Biden's son if he wanted his needed anti-tank missiles, though prior investigations found no evidence. ) The implied ask is to lie about what they know it is not true and face legal consequences on his behalf while indicating a pardon if they are loyal and get caught.
Democracy is not about using violence and terror to determine the winner of an election. These laws and the Constitution are rules of behavior needed to make democracy work as it was intended. January 6 was about the use of violence and terror to keep Trump in office by upending the rules. The violent militias like the Proud Boys and Oath Keepers are not about democracy but about terrorizing others to bow to their goals of establishing a dictatorship of one to whom they pledge allegiance. No amount of chanting and flag waving disguises their attempt to end democracy. Here is what testimony on June 16 revealed. By January 5, Pence had told the President he would not go along with Trump's plans, either to refuse to accept the official slate of electors or to refer the issue back to the states. He did not have the Constitutional power to do it. When the rioters smashed through the Capitol doors, Pence took it as if they meant to do him bodily harm. Subsequent testimony of an FBI embedded informant, the January 6 leaders of the riot revealed they indeed intended to kill Pence because he did not follow Trump's orders to decertify the election. Some of those rioters interviewed at the Capitol on January 6 thought they were there under Trump's orders to be violent. Yet to be determined if Trump intended the rioters to go that far, but in the midst of the violence, he did nothing to call off his Trump banner waiving, "hang Mike Pence" screaming rioters for hours, expressing an opinion Pence deserved to be hung and later praised the terrorists as patriots. Pence wisely trusted no one on January 6 except his chief bodyguard and refused to get in an escape vehicle driven by even the Secret Service, per his chief of staff's testimony. He did not trust the driver to obey his desire to stay at the Capitol and to continue the count. For a running chronicle of Trump's view of the use of violence, see MUFTIC FORUM BLOG: Trump fans the flames of violence yet calls himself the champion of law and order. In fact, the preamble to the Constitution puts domestic tranquility as one of the purposes of its establishment. The use and threat of violence to subvert the democratic process is now common as selection officials at all levels, federal, state, and local. Federal law enforcement is now taking action. Nebraska man pleads guilty to threatening Colorado's Jena Griswold | Courts | gazette.com
Democracy is not about one news outlet, and one alone, providing their version of his" truth".. FOX News refused to carry the January 6 hearings on opening night, but when 20 million viewers tuned into the hearings, it will be interesting to see how they cover it and which spin they give it. They called in partisans (though the GOP had turned down a bipartisan independent commission earlier), and two federal judges had upheld the special committee legitimate.
Democracy is not about those who believe theories that have no evidence and facts to back them up yet claim they are truth and reality. When laws rule, just execution of those laws demands evidence and proof. Over 60 federal and state judges found there was not enough evidence of fraud to change the 2020 outcome. Attorney General Bill Barr's testimony that the 2020 elections were fraudulent was bull..t. He then resigned in part because Trump still promoted:" stop the steal" when he had been told it was not true. Others from the Department of Justice reported in testimony they investigated the various conspiracy theories, bags of ballots, dead bodies voting, and more what-ifs and still found no there there. The President, who continued to promote the fantasy, raised a quarter of a billion d.ollars on the promotion of the lie for an election defense fund that did not exist but was used the money to support allies' funds and to pay for use of hotel facilities he owned. Trump then tried to install an unqualified loyalist as Attorney General to declare the election was stolen, but so many Department of Justice threatened to resign that he backed down.
Democracy is not about one leader claiming his version or the truth reported in the media or the interpretation of the law is the only one credible and to be trusted. Trump and his staff coined the term "fake news" for reports he did not like or called them lies. Democracy requires respect and access to various views and rebuttals to them so voters can make their own judgments of who is lying and who is not..
Democracy is not about using the active military to intervene in civilian matters and domestic politics. General Milley took that reading of the Constitution to heart in the aftermath of his being forced to participate in Trump's bible-waiving propaganda walk in Lafayette Square.
Democracy is not about ignoring the will of the majority of people expressed through the ballot box and not permitting a partisan loyal to one ideology, party, or person to pick and choose which votes should be counted. That was the issue at the heart of the fake elector slates strategy, to let a person choose which slate was to be counted... Democracy is not about only one party being allowed and given access to count ballots or counting only ballots they assume support them.
Democracy is not about preventing those in the minority from peacefully expressing themselves individually or in a group. This is not an absolute right. It is extended to the peaceful nature of the protests and demonstrations., Individuals or groups yelling fire in a crowded theater or calling for a violent revolution are not speech that is protected in a democracy. Nonetheless, those in the Trump camp called acts of violence on January 6, exercising their right to free speech. Calling "hang Mike Pence" in the midst of an out-of-control riot is not protected free speech.
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The Preamble to the Constitution: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
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