U.S. Courts: SolarWinds Hack May Have Affected CM/ECF Filing System

Yesterday, the Administrative Office (AO) of the U.S. Federal Courts issued a remarkable press release, titled Judiciary Addresses Cybersecurity Breach: Extra Safeguards to Protect Sensitive Court Records.

In mid-December, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency issued an emergency directive regarding  “a known compromise involving SolarWinds Orion products that are currently being exploited by malicious actors.” The Administrative Office of the U.S. Courts (AO) immediately notified courts of this development and in response, the Judiciary has suspended all national and local use of this IT network monitoring and management tool.

The AO is working with the Department of Homeland Security on a security audit relating to vulnerabilities in the Judiciary’s Case Management/Electronic Case Files system (CM/ECF) that greatly risk compromising highly sensitive non-public documents stored on CM/ECF, particularly sealed filings. An apparent compromise of the confidentiality of the CM/ECF system due to these discovered vulnerabilities currently is under investigation. Due to the nature of the attacks, the review of this matter and its impact is ongoing.

Wow! Did hackers gain access to sealed files on CM/ECF? The U.S. Courts will have to make disclosures of all sensitive information that was at risk.

How are the courts addressing this system compromise? Highly sensitive court documents will now be filed by SneakerNet!

Under the new procedures announced today, highly sensitive court documents (HSDs) filed with federal courts will be accepted for filing in paper form or via a secure electronic device, such as a thumb drive, and stored in a secure stand-alone computer system. These sealed HSDs will not be uploaded to CM/ECF. This new practice will not change current policies regarding public access to court records, since sealed records are confidential and currently are not available to the public.

I recently criticized federal court web site for not even having SSL certificates. Now, the scope of their security failures becomes far more glaring.

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U.S. Courts: SolarWinds Hack May Have Affected CM/ECF Filing System

Yesterday, the Administrative Office (AO) of the U.S. Federal Courts issued a remarkable press release, titled Judiciary Addresses Cybersecurity Breach: Extra Safeguards to Protect Sensitive Court Records.

In mid-December, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency issued an emergency directive regarding  “a known compromise involving SolarWinds Orion products that are currently being exploited by malicious actors.” The Administrative Office of the U.S. Courts (AO) immediately notified courts of this development and in response, the Judiciary has suspended all national and local use of this IT network monitoring and management tool.

The AO is working with the Department of Homeland Security on a security audit relating to vulnerabilities in the Judiciary’s Case Management/Electronic Case Files system (CM/ECF) that greatly risk compromising highly sensitive non-public documents stored on CM/ECF, particularly sealed filings. An apparent compromise of the confidentiality of the CM/ECF system due to these discovered vulnerabilities currently is under investigation. Due to the nature of the attacks, the review of this matter and its impact is ongoing.

Wow! Did hackers gain access to sealed files on CM/ECF? The U.S. Courts will have to make disclosures of all sensitive information that was at risk.

How are the courts addressing this system compromise? Highly sensitive court documents will now be filed by SneakerNet!

Under the new procedures announced today, highly sensitive court documents (HSDs) filed with federal courts will be accepted for filing in paper form or via a secure electronic device, such as a thumb drive, and stored in a secure stand-alone computer system. These sealed HSDs will not be uploaded to CM/ECF. This new practice will not change current policies regarding public access to court records, since sealed records are confidential and currently are not available to the public.

I recently criticized federal court web site for not even having SSL certificates. Now, the scope of their security failures becomes far more glaring.

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Capitol Police Failed To Contain a Riot, Then Killed a Woman in the Chaos

reason-dcpolice

The Capitol Police are coming under well-deserved scrutiny after they failed to prevent rioters from storming the Capitol building yesterday, then killed an unarmed woman who joined the break-in.

“I think it’s pretty clear that there’s going to be a number of people who are going to be without employment very, very soon,” said Rep. Tim Ryan (D–Ohio), the lead House appropriator for Capitol Police, on a conference call with reporters yesterday. “This is the U.S. Capitol building with the House and the Senate in session. We knew. Donald Trump signaled this. There was enough time to prepare.”

The House’s sergeant-at-arms has already resigned. House Speaker Nancy Pelosi (D–Calif.) is demanding the resignation of Capitol Hill Police Chief Steve Sund. Chuck Schumer (D–N.Y.), soon to be the Senate majority leader, says he’ll fire the Senate’s sergeant-at-arms when his party takes over that chamber.

The Wall Street Journal reports that federal authorities made a deliberate decision to maintain a light police presence on the ground yesterday in an effort not to escalate tensions and to avoid the unsavory optics of riot police on the Capitol steps.

As it turned out, the crowd needed no help in escalating things: The small number of Capitol Police on the scene were easily overwhelmed when things turned violent. Worse still, that initial light-touch approach to security didn’t even manage to contain police violence. Videos from yesterday show obviously panicked and overwhelmed officers punching protestors from behind skimpy metal barricades.

During the chaos that followed, as rioters broke into congressional offices, one Capitol Police officer fatally shot Ashli E. Babbitt, a 35-year-old Air Force veteran. Three other people died after experiencing unspecified “medical emergencies,” according to D.C. police.

It took about four hours for police to regain control of the Capitol building, with the D.C. National Guard and state police from Maryland and Virgina dispatched as reinforcements.

Yesterday’s riot is drawing lots of comparisons to the violence that accompanied the George Floyd protests last year. It’s interesting to note that law enforcement failed during those protests in a strikingly similar, if chronologically reversed, way. In Minneapolis, the police killed George Floyd and then failed to contain the riots that followed. In D.C., police failed to contain a riot and then ended up killing an unarmed person. (Both events also saw police arrest reporters on camera.)

It goes without saying that police are given a very hard job in these kinds of circumstances. They are tasked with protecting people’s First Amendment rights to protest and preserving others’ rights to not have their persons and property assaulted by violent demonstrators.

But just because that balance can be hard to achieve doesn’t mean we should stop demanding it.

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Capitol Police Failed To Contain a Riot, Then Killed a Woman in the Chaos

reason-dcpolice

The Capitol Police are coming under well-deserved scrutiny after they failed to prevent rioters from storming the Capitol building yesterday, then killed an unarmed woman who joined the break-in.

“I think it’s pretty clear that there’s going to be a number of people who are going to be without employment very, very soon,” said Rep. Tim Ryan (D–Ohio), the lead House appropriator for Capitol Police, on a conference call with reporters yesterday. “This is the U.S. Capitol building with the House and the Senate in session. We knew. Donald Trump signaled this. There was enough time to prepare.”

The House’s sergeant-at-arms has already resigned. House Speaker Nancy Pelosi (D–Calif.) is demanding the resignation of Capitol Hill Police Chief Steve Sund. Chuck Schumer (D–N.Y.), soon to be the Senate majority leader, says he’ll fire the Senate’s sergeant-at-arms when his party takes over that chamber.

The Wall Street Journal reports that federal authorities made a deliberate decision to maintain a light police presence on the ground yesterday in an effort not to escalate tensions and to avoid the unsavory optics of riot police on the Capitol steps.

As it turned out, the crowd needed no help in escalating things: The small number of Capitol Police on the scene were easily overwhelmed when things turned violent. Worse still, that initial light-touch approach to security didn’t even manage to contain police violence. Videos from yesterday show obviously panicked and overwhelmed officers punching protestors from behind skimpy metal barricades.

During the chaos that followed, as rioters broke into congressional offices, one Capitol Police officer fatally shot Ashli E. Babbitt, a 35-year-old Air Force veteran. Three other people died after experiencing unspecified “medical emergencies,” according to D.C. police.

It took about four hours for police to regain control of the Capitol building, with the D.C. National Guard and state police from Maryland and Virgina dispatched as reinforcements.

Yesterday’s riot is drawing lots of comparisons to the violence that accompanied the George Floyd protests last year. It’s interesting to note that law enforcement failed during those protests in a strikingly similar, if chronologically reversed, way. In Minneapolis, the police killed George Floyd and then failed to contain the riots that followed. In D.C., police failed to contain a riot and then ended up killing an unarmed person. (Both events also saw police arrest reporters on camera.)

It goes without saying that police are given a very hard job in these kinds of circumstances. They are tasked with protecting people’s First Amendment rights to protest and preserving others’ rights to not have their persons and property assaulted by violent demonstrators.

But just because that balance can be hard to achieve doesn’t mean we should stop demanding it.

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Josh Hawley Played With Fire and Burned His Political Future

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I wrote last year that Sen. Josh Hawley (R–Mo.) is the ultimate Karen. Out of touch with reality and combative when he doesn’t get his way, the senator’s short tenure in federal government has been infused with classic Karen-esque trademarks. He might be missing the bob, but mark his words—he wants to speak to the manager.

Yesterday gave us more of the same, with Hawley demanding to speak to the manager of the 2020 election over vague allegations of widespread voter fraud that he has not been able to substantiate. The day was different in other ways, including the fact that the U.S. Capitol was overtaken by people who had been emboldened by the steady stream of delusion that Hawley and some of his GOP colleagues fed them over the last two months—a riot that culminated with the fatal police shooting of a woman.

After the chaos had subsided, Hawley resumed that familiar perch. “This is the appropriate place for these concerns to be raised, which is why I have raised them here today,” Hawley said, expounding on accusations of “voter irregularities” while also managing to say nothing at all. “And I hope that this body will not miss the opportunity to take affirmative action to address the concerns of many millions of Americans.”

Hawley was not able to provide much information on his own allegations, because he doesn’t have it. Though there are peculiarities in every election, evidence of something metastatic simply doesn’t exist. The courts have rejected a slew of post-election lawsuits from President Donald Trump, with some of the biggest eyerolls coming from his own judicial appointees. And asking that Congress engage in election reform during a legislative session is one thing; urging that it overturn the results of an election, as Hawley has implied it should, is something else entirely.

Those details likely matter very little to Hawley himself, who is almost certainly aware that he’s painting a bogus picture. He knows there is no manager to speak to, but he hopes you don’t.

That’s because the performance is more important the outcome. Or rather, the actual desired outcome—the one someone like Hawley is searching for—has less to do with prescriptive policy solutions and more to do with the outrage he can whip up and the attention he can draw to himself. He has written the play and cast himself as the hero.

Yesterday lawmakers grappled in real time with the consequences of peddling fictions completely divorced from the real world. Some Republicans changed course and revoked their electoral objections, including Kelly Loeffler, the ultra-Trumpian senator recently defeated in Georgia’s runoff. For his part, Hawley cheered on the mob earlier in the day and sent out a fundraising pitch while the riot was underway.

“Thank you to the brave law enforcement officials who have put their lives on the line,” Hawley said in a statement. “The violence must end, those who attacked police and broke the law must be prosecuted, and Congress must get back to work and finish its job.”

By any standard, that’s a lily-livered response. But it’s especially so for anyone familiar with Hawley’s history of misleading people in a flamboyant fashion. There was the myth about the about the Asian sex trafficking ring he cracked. (He didn’t.) There was the wild accusation that Amazon had engaged in criminal behavior with their data practices. (It hadn’t.) There is his free flow of vitriol against social media companies for acting as publishers in violation of Section 230, the law that allows those firms to moderate content online. (That’s not even what the law says.) In each of those cases, his responses to his critics have been scathing and condescending, as if Twitter taking down a tweet is somehow more worthy of condemnation than a violent mob.

That’s not a mistake. The senator is an intelligent lawyer who understands the rules and regulations he distorts. He knows far more than he lets on. But what’s the point of letting on when you’re performing? This time, the deception’s results played out in the most public way possible. Hawley got the audience he was looking for, but he didn’t get to play the hero’s part he’d written. He’s the villain, and it’s time the curtain came down.

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Josh Hawley Played With Fire and Burned His Political Future

zumaglobalten554678

I wrote last year that Sen. Josh Hawley (R–Mo.) is the ultimate Karen. Out of touch with reality and combative when he doesn’t get his way, the senator’s short tenure in federal government has been infused with classic Karen-esque trademarks. He might be missing the bob, but mark his words—he wants to speak to the manager.

Yesterday gave us more of the same, with Hawley demanding to speak to the manager of the 2020 election over vague allegations of widespread voter fraud that he has not been able to substantiate. The day was different in other ways, including the fact that the U.S. Capitol was overtaken by people who had been emboldened by the steady stream of delusion that Hawley and some of his GOP colleagues fed them over the last two months—a riot that culminated with the fatal police shooting of a woman.

After the chaos had subsided, Hawley resumed that familiar perch. “This is the appropriate place for these concerns to be raised, which is why I have raised them here today,” Hawley said, expounding on accusations of “voter irregularities” while also managing to say nothing at all. “And I hope that this body will not miss the opportunity to take affirmative action to address the concerns of many millions of Americans.”

Hawley was not able to provide much information on his own allegations, because he doesn’t have it. Though there are peculiarities in every election, evidence of something metastatic simply doesn’t exist. The courts have rejected a slew of post-election lawsuits from President Donald Trump, with some of the biggest eyerolls coming from his own judicial appointees. And asking that Congress engage in election reform during a legislative session is one thing; urging that it overturn the results of an election, as Hawley has implied it should, is something else entirely.

Those details likely matter very little to Hawley himself, who is almost certainly aware that he’s painting a bogus picture. He knows there is no manager to speak to, but he hopes you don’t.

That’s because the performance is more important the outcome. Or rather, the actual desired outcome—the one someone like Hawley is searching for—has less to do with prescriptive policy solutions and more to do with the outrage he can whip up and the attention he can draw to himself. He has written the play and cast himself as the hero.

Yesterday lawmakers grappled in real time with the consequences of peddling fictions completely divorced from the real world. Some Republicans changed course and revoked their electoral objections, including Kelly Loeffler, the ultra-Trumpian senator recently defeated in Georgia’s runoff. For his part, Hawley cheered on the mob earlier in the day and sent out a fundraising pitch while the riot was underway.

“Thank you to the brave law enforcement officials who have put their lives on the line,” Hawley said in a statement. “The violence must end, those who attacked police and broke the law must be prosecuted, and Congress must get back to work and finish its job.”

By any standard, that’s a lily-livered response. But it’s especially so for anyone familiar with Hawley’s history of misleading people in a flamboyant fashion. There was the myth about the about the Asian sex trafficking ring he cracked. (He didn’t.) There was the wild accusation that Amazon had engaged in criminal behavior with their data practices. (It hadn’t.) There is his free flow of vitriol against social media companies for acting as publishers in violation of Section 230, the law that allows those firms to moderate content online. (That’s not even what the law says.) In each of those cases, his responses to his critics have been scathing and condescending, as if Twitter taking down a tweet is somehow more worthy of condemnation than a violent mob.

That’s not a mistake. The senator is an intelligent lawyer who understands the rules and regulations he distorts. He knows far more than he lets on. But what’s the point of letting on when you’re performing? This time, the deception’s results played out in the most public way possible. Hawley got the audience he was looking for, but he didn’t get to play the hero’s part he’d written. He’s the villain, and it’s time the curtain came down.

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The Capitol Rioters Were a Right-Wing Cancel Mob

kyodowc281794

Over and over in the past decade, we have seen students, usually left-wing, respond to the presence or expected presence of right-of-center speakers with attempts to stop them from speaking, either by threatening to show up in force or by demonstrating in large, often unruly groups. These scenes have tended to feature raucous activists disrupting orderly and peaceful proceedings. And while they rarely result in serious violence, they frequently devolve into tense, seemingly out-of-control situations where the speakers and those who gathered to hear them have legitimate reason to fear for their physical safety. 

Typically, this has limited immediate effect. The targeted speakers might delay their speeches or appear off campus. Even if they cancel entirely, they can still get their message out through social media and other forums.

But over time, this has a corrosive effect on campus culture. Colleges are institutions founded on open debate and intellectual inquiry. Mobs undermine that foundation by chilling the speech of students, professors, and others who don’t wish to risk face their wrath. The direct results may not always be visible, but over time, the chilling effect can degrade an institution’s values and capabilities, rendering it unable to fulfill its mission. And while the physical threats are often modest, sometimes people are injured

These mob tactics have been lumped in with an array of speech-squelching activities that have come to be called “cancel culture.” As Greg Lukianoff, the president of the Foundation for Individual Rights In Education, has noted, the rise of campus cancel culture has been driven in large part by students, who in the early 2010s began to demand strict speech codes and the disinvitation of unwanted speakers. But although the demands originated with students, administrators played a key role in encouraging them, supporting cancel mobs through explicit policies and implicit support. The administrators may not have participated directly in the mobs, but they shared some culpability for coddling and even encouraging their obnoxious and destructive behavior

There has been some debate about what to call the scene at the United States Capitol yesterday, in which hundreds of President Donald Trump’s supporters stormed the building, vandalized offices, stole equipment, and caused Congress—which was in the middle of certifying Joe Biden’s election as president—to drop its official proceedings and flee the legislative floor out in fear. Is it sedition? A coup? An insurrection? A riot? 

One or more of those labels may be correct, but I think I have another answer: This was a right-wing cancel mob. Except instead of coming for a campus speaker or a controversial newspaper column, they came for the symbolic heart of democracy itself. They came to the Capitol to exercise a heckler’s veto over the results of a presidential election. This was cancel culture on a national political scale. 

The attack on the Capitol yesterday was an attack on the foundation of democracy: the peaceful transition of political power following a legitimate election. Democratic self-governance, in which large groups of people work to make political decisions on their own rather than have them handed down by unelected rulers, is the necessary precondition for ensuring the individual rights and liberties that are the (oft-unmet) American ideal. And a baseline requirement for democratic self-governance is a fair and transparent system for agreeing to accept that sometimes, people you disagree with have won political power. Yesterday’s riot was an attempt—a lame and disorganized one, but an attempt nonetheless—to cancel a core democratic function. 

As with campus mobs, the immediate effect may seem limited, and those sympathetic to the rioters may downplay its consequences. The House and Senate reconvened in the evening to finish their business, voting to confirm the election result. The Capitol was damaged and vandalized, but not burned to the ground. The building and all it represents still stands. 

But yesterday was far from harmless. Four people reportedly died, including one shot by Capitol Police. The property destruction was not insignificant. The necessary precondition for democratic governance—the peaceful transition of power—was not met. Power will transfer, but it has not been peaceful. 

Over time, if this mob and its beliefs are not firmly rejected, there will be a chilling effect on the values and systems that are designed to promote peaceful power-sharing, the institutions that are designed to make productive self-governance possible. These effects may not be obvious or apparent in the short run; over the next year or two, Congress is likely to proceed in a way that looks a lot like business as usual. But without a firm rejection of the mob and what it stands for, there will be a cost, even if that cost is largely invisible. 

Yet like campus administrators, much of the Republican Party continues to indulge the mob. Indeed, President Trump began yesterday by spurring on the crowd that would go on to storm the Capitol. Despite having his legal challenges to the election outcome repeatedly and often brusquely rebuked in court, including by judges he appointed, he called the outcome an “egregious assault on our democracy” and told his assembled supporters to “walk down to the Capitol.” 

“We are going to cheer on our brave senators and congressmen and women,” he said, “and we are probably not going to be cheering so much for some of them—because you will never take back our country with weakness.” Later, after the mob had crashed into the building and halted legislative business, he posted a video repeatedly reiterating the false claim that the election had been stolen, and a tweet seeming to express sympathy for those who had overrun the Capitol: “These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long.”

At the beginning of the day, a large contingent of Republicans, including more than a dozen senators, planned to use the certification of Joe Biden to object to the vote on spurious grounds designed to comfort, if not explicitly validate, the conspiracy theories surrounding the election results.

While some of the senators changed their plans, more than half of House Republicans voted to reject the election results. Just hours after a pro-Trump mob stormed the Capitol, Sen. Josh Hawley (R–Mo.), who led the Senate GOP effort to reject the election outcome, used the certification vote as an opportunity to give a speech condemning violence—and questioning the election’s legitimacy.

These Republicans didn’t participate in the mob, and in some cases they offered pro forma rejections of its violent impulses. But they coddled it, treating its fallacious and dangerous beliefs as essentially justifiable, contorting themselves to embrace the unfounded feeling that the election was somehow illegitimate despite all evidence to the contrary.

They gave comfort to the mob’s animating beliefs, tacitly encouraged its delusions, and built a permission structure for those delusions to continue. And in doing so, they failed their most basic responsibility to both their voters and to the ideals they supposedly serve. In the process, they have degraded their institution and embarrassed themselves. They have proven themselves cowards unworthy of their positions. And like those campus administrators caving to student cancel mobs, they share some culpability for what happened yesterday, and some blame for whatever happens next.

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The Capitol Rioters Were a Right-Wing Cancel Mob

kyodowc281794

Over and over in the past decade, we have seen students, usually left-wing, respond to the presence or expected presence of right-of-center speakers with attempts to stop them from speaking, either by threatening to show up in force or by demonstrating in large, often unruly groups. These scenes have tended to feature raucous activists disrupting orderly and peaceful proceedings. And while they rarely result in serious violence, they frequently devolve into tense, seemingly out-of-control situations where the speakers and those who gathered to hear them have legitimate reason to fear for their physical safety. 

Typically, this has limited immediate effect. The targeted speakers might delay their speeches or appear off campus. Even if they cancel entirely, they can still get their message out through social media and other forums.

But over time, this has a corrosive effect on campus culture. Colleges are institutions founded on open debate and intellectual inquiry. Mobs undermine that foundation by chilling the speech of students, professors, and others who don’t wish to risk face their wrath. The direct results may not always be visible, but over time, the chilling effect can degrade an institution’s values and capabilities, rendering it unable to fulfill its mission. And while the physical threats are often modest, sometimes people are injured

These mob tactics have been lumped in with an array of speech-squelching activities that have come to be called “cancel culture.” As Greg Lukianoff, the president of the Foundation for Individual Rights In Education, has noted, the rise of campus cancel culture has been driven in large part by students, who in the early 2010s began to demand strict speech codes and the disinvitation of unwanted speakers. But although the demands originated with students, administrators played a key role in encouraging them, supporting cancel mobs through explicit policies and implicit support. The administrators may not have participated directly in the mobs, but they shared some culpability for coddling and even encouraging their obnoxious and destructive behavior

There has been some debate about what to call the scene at the United States Capitol yesterday, in which hundreds of President Donald Trump’s supporters stormed the building, vandalized offices, stole equipment, and caused Congress—which was in the middle of certifying Joe Biden’s election as president—to drop its official proceedings and flee the legislative floor out in fear. Is it sedition? A coup? An insurrection? A riot? 

One or more of those labels may be correct, but I think I have another answer: This was a right-wing cancel mob. Except instead of coming for a campus speaker or a controversial newspaper column, they came for the symbolic heart of democracy itself. They came to the Capitol to exercise a heckler’s veto over the results of a presidential election. This was cancel culture on a national political scale. 

The attack on the Capitol yesterday was an attack on the foundation of democracy: the peaceful transition of political power following a legitimate election. Democratic self-governance, in which large groups of people work to make political decisions on their own rather than have them handed down by unelected rulers, is the necessary precondition for ensuring the individual rights and liberties that are the (oft-unmet) American ideal. And a baseline requirement for democratic self-governance is a fair and transparent system for agreeing to accept that sometimes, people you disagree with have won political power. Yesterday’s riot was an attempt—a lame and disorganized one, but an attempt nonetheless—to cancel a core democratic function. 

As with campus mobs, the immediate effect may seem limited, and those sympathetic to the rioters may downplay its consequences. The House and Senate reconvened in the evening to finish their business, voting to confirm the election result. The Capitol was damaged and vandalized, but not burned to the ground. The building and all it represents still stands. 

But yesterday was far from harmless. Four people reportedly died, including one shot by Capitol Police. The property destruction was not insignificant. The necessary precondition for democratic governance—the peaceful transition of power—was not met. Power will transfer, but it has not been peaceful. 

Over time, if this mob and its beliefs are not firmly rejected, there will be a chilling effect on the values and systems that are designed to promote peaceful power-sharing, the institutions that are designed to make productive self-governance possible. These effects may not be obvious or apparent in the short run; over the next year or two, Congress is likely to proceed in a way that looks a lot like business as usual. But without a firm rejection of the mob and what it stands for, there will be a cost, even if that cost is largely invisible. 

Yet like campus administrators, much of the Republican Party continues to indulge the mob. Indeed, President Trump began yesterday by spurring on the crowd that would go on to storm the Capitol. Despite having his legal challenges to the election outcome repeatedly and often brusquely rebuked in court, including by judges he appointed, he called the outcome an “egregious assault on our democracy” and told his assembled supporters to “walk down to the Capitol.” 

“We are going to cheer on our brave senators and congressmen and women,” he said, “and we are probably not going to be cheering so much for some of them—because you will never take back our country with weakness.” Later, after the mob had crashed into the building and halted legislative business, he posted a video repeatedly reiterating the false claim that the election had been stolen, and a tweet seeming to express sympathy for those who had overrun the Capitol: “These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long.”

At the beginning of the day, a large contingent of Republicans, including more than a dozen senators, planned to use the certification of Joe Biden to object to the vote on spurious grounds designed to comfort, if not explicitly validate, the conspiracy theories surrounding the election results.

While some of the senators changed their plans, more than half of House Republicans voted to reject the election results. Just hours after a pro-Trump mob stormed the Capitol, Sen. Josh Hawley (R–Mo.), who led the Senate GOP effort to reject the election outcome, used the certification vote as an opportunity to give a speech condemning violence—and questioning the election’s legitimacy.

These Republicans didn’t participate in the mob, and in some cases they offered pro forma rejections of its violent impulses. But they coddled it, treating its fallacious and dangerous beliefs as essentially justifiable, contorting themselves to embrace the unfounded feeling that the election was somehow illegitimate despite all evidence to the contrary.

They gave comfort to the mob’s animating beliefs, tacitly encouraged its delusions, and built a permission structure for those delusions to continue. And in doing so, they failed their most basic responsibility to both their voters and to the ideals they supposedly serve. In the process, they have degraded their institution and embarrassed themselves. They have proven themselves cowards unworthy of their positions. And like those campus administrators caving to student cancel mobs, they share some culpability for what happened yesterday, and some blame for whatever happens next.

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Pelosi Says Congress Is ‘Prepared’ To Impeach Trump Again Unless Pence Invokes 25th Amendment

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President Donald Trump may have a shot at becoming the first president in American history to be impeached twice.

In a Thursday afternoon announcement, Speaker of the House Nancy Pelosi (D–Calif.) said Congress “may be prepared to move forward with impeachment” unless the president’s cabinet moves quickly to remove him via the 25th Amendment. Pelosi said Trump committed “an act of sedition” by inciting a riot on Wednesday afternoon that led hundreds of the president’s supporters to storm the U.S. Capitol.

“The president has committed an unspeakable assault on our nation and our people,” Pelosi said.

Earlier on Thursday, Senate Minority Leader Chuck Schumer called for Trump to be removed from office by the 25th Amendment, which includes a mechanism allowing a majority of the president’s executive cabinet, with the support of the vice president, to remove a president from power. That part of the 25th Amendment has never been invoked.

It’s not clear whether there would be time for Congress to impeach Trump for a second time before the president leaves office on January 20—to say nothing of the Senate trial necessary for removal from office. Both chambers of Congress recessed after finishing the final certification of the Electoral College votes in the early hours of Thursday morning and are not scheduled to reconvene until January 19.

But there are increasing calls for Trump to be removed from office via one constitutional mechanism or another—and not just from Democrats.

In a video posted to Twitter on Thursday, Rep. Adam Kinzinger (R–Ill.) called on the cabinet to “invoke the 25th Amendment and end this nightmare.”

The National Association of Manufacturers on Wednesday became probably the first trade association in American history to call for the removal of a president. In a statement released yesterday, the group said Trump’s actions amounted to “sedition and should be treated as such” and said Pence should “seriously consider” invoking the 25th Amendment.

Former Rep. Justin Amash (L–Mich.), one of just two then-Republican legislators to support Trump’s impeachment last year, has also called for the president “to resign or be removed from office.”

One major procedural difference between the use of the 25th Amendment and the possibility of impeachment is what it could mean for Trump’s political future. If the House voted to impeach Trump and the Senate agreed to convict him, he could be barred from holding federal office again.

Unlike last year, when Trump was impeachment for a phone call in which he sought electoral assistance from Ukrainian leaders, the facts of the current situation are not in much doubt. “This need not be a lengthy process. The evidence of the president’s actions are clear and available to all,” writes Keith Whittington, a professor of politics at Princeton University. “The House does not need an elaborate inquiry. The Senate does not need a lengthy trial.”

Even so, the timing makes it unlikely that Trump will be impeached or removed. It is far more likely that the cabinet will choose to stagger through the next two weeks with Vice President Mike Pence as the country’s de facto leader and that Congress will, as usual, do nothing. Still, as Gene Healy, vice president of the libertarian Cato Institute, wrote for Reason in 2017, Congress should be willing to invoke its impeachment power on a more regular basis.

Impeaching Trump for his general bad behavior and recklessness, Healy wrote, “wouldn’t just remove a bad president from office; it would set a precedent that might keep future leaders in line.”

That’s still true—maybe even more true—today.

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Pelosi Says Congress Is ‘Prepared’ To Impeach Trump Again Unless Pence Invokes 25th Amendment

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President Donald Trump may have a shot at becoming the first president in American history to be impeached twice.

In a Thursday afternoon announcement, Speaker of the House Nancy Pelosi (D–Calif.) said Congress “may be prepared to move forward with impeachment” unless the president’s cabinet moves quickly to remove him via the 25th Amendment. Pelosi said Trump committed “an act of sedition” by inciting a riot on Wednesday afternoon that led hundreds of the president’s supporters to storm the U.S. Capitol.

“The president has committed an unspeakable assault on our nation and our people,” Pelosi said.

Earlier on Thursday, Senate Minority Leader Chuck Schumer called for Trump to be removed from office by the 25th Amendment, which includes a mechanism allowing a majority of the president’s executive cabinet, with the support of the vice president, to remove a president from power. That part of the 25th Amendment has never been invoked.

It’s not clear whether there would be time for Congress to impeach Trump for a second time before the president leaves office on January 20—to say nothing of the Senate trial necessary for removal from office. Both chambers of Congress recessed after finishing the final certification of the Electoral College votes in the early hours of Thursday morning and are not scheduled to reconvene until January 19.

But there are increasing calls for Trump to be removed from office via one constitutional mechanism or another—and not just from Democrats.

In a video posted to Twitter on Thursday, Rep. Adam Kinzinger (R–Ill.) called on the cabinet to “invoke the 25th Amendment and end this nightmare.”

The National Association of Manufacturers on Wednesday became probably the first trade association in American history to call for the removal of a president. In a statement released yesterday, the group said Trump’s actions amounted to “sedition and should be treated as such” and said Pence should “seriously consider” invoking the 25th Amendment.

Former Rep. Justin Amash (L–Mich.), one of just two then-Republican legislators to support Trump’s impeachment last year, has also called for the president “to resign or be removed from office.”

One major procedural difference between the use of the 25th Amendment and the possibility of impeachment is what it could mean for Trump’s political future. If the House voted to impeach Trump and the Senate agreed to convict him, he could be barred from holding federal office again.

Unlike last year, when Trump was impeachment for a phone call in which he sought electoral assistance from Ukrainian leaders, the facts of the current situation are not in much doubt. “This need not be a lengthy process. The evidence of the president’s actions are clear and available to all,” writes Keith Whittington, a professor of politics at Princeton University. “The House does not need an elaborate inquiry. The Senate does not need a lengthy trial.”

Even so, the timing makes it unlikely that Trump will be impeached or removed. It is far more likely that the cabinet will choose to stagger through the next two weeks with Vice President Mike Pence as the country’s de facto leader and that Congress will, as usual, do nothing. Still, as Gene Healy, vice president of the libertarian Cato Institute, wrote for Reason in 2017, Congress should be willing to invoke its impeachment power on a more regular basis.

Impeaching Trump for his general bad behavior and recklessness, Healy wrote, “wouldn’t just remove a bad president from office; it would set a precedent that might keep future leaders in line.”

That’s still true—maybe even more true—today.

from Latest – Reason.com https://ift.tt/2MAJ3OA
via IFTTT