The true lesson of January 6th.

December 28, 2021

[Audio version of today’s newsletter here.]

          On January 6th, the Constitution was assaulted on three fronts: by the President and his advisers, by members of the Sedition Caucus in Congress, and by violent insurrectionists. For a dozen hours, the fate of the Constitution hung in the balance. At 3:39 AM on January 7, 2021, Congress completed the count of the electoral ballots as commanded by the Constitution and declared Joe Biden to be the next President of the United States. It could have been otherwise. But for the bravery of federal officers and the courage of many faithful servants of the Constitution in Congress, the battle could have been lost.

          The most significant fact about January 6th is that the Constitution prevailed. We should never forget that fact. Indeed, we should commemorate the final outcome of the events on January 6th as a great victory for democracy. If we do not proclaim the true lesson of January 6th, others will fill the void with conspiracies and disinformation and false grievances. Do not let them do so. Do not give them space, do not afford them legitimacy in the name of civility, and do not let them forget that they are traitors to the Constitution. Unless we speak plainly about what happened on January 6th, unless we claim that day for ourselves, we may not be ready to respond if others try again. The true lesson of January 6th is that the Constitution is ours only so long as we are prepared to defend it in word and deed.

          As we approach the first anniversary of January 6th, there will be hundreds of opportunities to commemorate its true message. Be part of that commemoration, not only to remind yourself of what is at stake, but to serve as a model to others in your life who may not understand or appreciate the significance of the events of January 6th. For example:  

• A reader sent a link to a newsletter by Defenders of Democracy Against Disinformation (DDAD) that is coordinating events in seven states with 19 organizations. The group’s newsletter provides links to social media messages that can be posted, shared, and retweeted by going to DDAD’s  Twitter, Facebook and/or Instagram accounts.

• Other readers have sent notes about local events sponsored by Indivisible chapters. For example, the Santa Barbara Indivisible chapter is holding a vigil at the Santa Barbara Courthouse on January 6th at 5:30 PM Pacific.

• Another group, The Civics Center, is holding a workshop (via Zoom) on January 6 at 7:00 PM Eastern to help volunteers organize voter registration drives in high schools. What better way to teach the lesson of January 6th than by registering the next generation of voters?

          If you are involved in other events commemorating January 6th that you would like to publicize, I will leave the Comments section for this newsletter open to everyone. Post your event with a link to a webpage with information. [To post a Comment, click on the “text” or “dialog” icon to the right of my picture at the top of this newsletter—right next to the “heart” icon to “like” the newsletter.] Please include a brief description of the event so that readers can tell if the event is location-specific, or if it is a virtual event that can be joined from home.

          If we do not tell the story of January 6th, it will fade into history as a protest that got out of hand. It was not. It was part of a coordinated three-pronged attack on Democracy that was planned and executed by officials in two branches of government. And though the violence has ended, the attempted coup has not. Even today, the original conspirators are attempting to impede the investigation by the House Select Committee by raising specious claims of executive privilege to shield seditious conversations. GOP members of Congress have voted against contempt citations for coup-plotters. Apologists and liars in the right-wing media are attempting to revise the historical narrative to excuse and glorify the actions of the alleged “patriots” who sought to “Stop the Steal.” As you read this newsletter, the lesson of January 6th is still being contested. Do your part to ensure that the true lesson of January 6th is etched into our nation’s collective memory.

Holding Trump accountable for inciting insurrection.

          I have tested the patience of readers of this newsletter with my criticisms of Merrick’s Garland’s glacial (or non-existent) investigation of Donald Trump and other leaders of the January 6th insurrection. Readers who have worked at the DOJ have counseled patience, arguing that the thundering silence from the DOJ is proof positive that Garland is preparing an airtight case against Trump. I remain skeptical, but until we hear from the DOJ, we are merely speculating on both sides.

          Harvard University Professor Laurence Tribe recently penned an op-ed that urges Garland to open an investigation into Trump (if he has not already done so). See Laurence Tribe et al. op-ed, “Will Donald Trump Get Away With Inciting an Insurrection?” I agree with every word Professor Tribe has written about the urgent need to prosecute Trump ASAP. But, like me, Professor Tribe is deeply worried by the yawning silence from the DOJ:

Almost a year after the insurrection, we have yet to see any clear indicators that such an investigation is underway, raising the alarming possibility that this administration may never bring charges against those ultimately responsible for the attack.

And . . . there are no signs, at least in media reports, that the attorney general is building a case against these individuals — no interviews with top administration officials, no reports of attempts to persuade the foot soldiers to turn on the people who incited them to violence.

          Given Professor Tribe’s deep and broad connections to senior leaders at the DOJ, the fact that he is worried about the eerie silence is cause for concern. Fortunately, the House Select Committee is moving forward with all deliberate speed in its investigation. But a report from the Select Committee is no substitute for an indictment from the DOJ. Merrick Garland must act to defend the Constitution—now.

Concluding Thoughts.

          In response to my note yesterday about the fact the redistricting process may not favor Republicans as much as originally thought, some readers sent notes that said (essentially), “Yeah, but Republicans are going to cheat and rig elections by controlling the vote counting apparatus, so voting doesn’t matter in some states.” I understand the frustration and fears about cheating by Republicans but telling others that voting doesn’t matter is unhelpful for two reasons.

          First, it is difficult to “cheat” given that votes are counted by computers, not by hand. The recent example in the Arizona “fraud audit” demonstrates that even MAGA foot soldiers could not find evidence to change any votes. Second, if we tell people that their votes don’t count, they will believe us—and may stay home. That would be counterproductive, to say the least. We must refrain from promoting a narrative that says, “A Republican is the county registrar therefore he/she will rig the election so that only Republicans win.” The surest way to combat any temptation to cheat is to make it impossible by showing up in numbers that overwhelm our opponents.

          Second, the congressional midterms will be only one of the many elections on the 2022 ballots. Even if you live in a gerrymandered congressional district, you can and should vote for officials at every level of government where races may be more competitive. Assuming only for sake of argument that Republicans will “cheat” in the congressional midterms to tip the balance of power in the House (which would be a felony and which I do not believe will happen), there is no suggestion that Republicans will be able to change the results in races up and down the ballot. It is important that we show up and vote in every single race without regard to gerrymandering.

          The impulse to counter the hopeful news that gerrymandering may not be as bad as feared with other reasons why Democrats are going to lose is defeatist thinking that the media is peddling. Don’t buy into it. Do you remember what else happened on January 6th besides the assault on the Capitol? Democrats Raphael Warnock and Jon Ossoff staged a double upset victory in a state that did its best to disenfranchise minority voters in Democratic strongholds. We can win—even when the other side tries to cheat. That is the lesson of January 6th: Don’t give up. The Constitution is ours only so long as we are prepared to defend it in word and deed.

Talk to you tomorrow!

_____________________________________________

Want more? Check out these Today’s Edition Podcasts with Robert Hubbell:

          12/18/2021: Interview with Jessica Craven of Chop Wood Carry Water

          12/26/2021: Holiday Party and Year-end Review