The American Virtual Civil War

Musings on Cirque des Crazi, at Ricochet, was inspired by two long-time (since childhood) friends of the author and his wife…one a senior nun and the other a retired IRS manager…who have “been  looney, angry, mean and distempered crazies before, during and since the election”…”Yes, they are Hilaryites. They are the scourge of (his wife’s) Facebook, showing no mercy or measure of humanity. Both use language that would make Trump blush.  Many people on Ricochet have reported similar insanity and we all watch the media created Cirque Des Crazi on the streets of blue cities and the academic child care centers formerly known as Higher Education.

Read and discuss.

Seth Barrett Tillman: How The Recounts Pose A Risk To Mike Pence

What are the Democrats up to in pursuing election recounts?

Still if all 3 states fail to make a timely recount and fail to appoint their slate of Trump-Pence electors…then the presidential race will be thrown into the House where each State has one vote. Under Article II and the Twelfth Amendment, Trump has to carry a majority of state delegations (26 of 50). There is a separate quorum requirement: 2/3 of the States (34 of 50) must have one or more members present. Trump can probably meet this bar: 32 of the state delegations in the 115th Congress will have Republican majorities (albeit some are narrow majorities), and 11 other state delegations have 1 or more Republican members. So the Republicans should be able to reach a quorum of 34 States with one or more members present.
 
However, if all three 3 states fail to make a timely recount and fail to appoint their slate of Trump-Pence electors…then the vice presidential race will be thrown into the Senate. Under Article II and the Twelfth Amendment, Pence will need a majority of the “whole number” of senators. The Republicans have such a majority. But the Twelfth Amendment also has a quorum requirement: “two-thirds of the whole number of Senators.” [2/3 is 67 of 100 senators, assuming all elected Senators are alive and sworn during the proceedings to select a Vice President.] The Republicans cannot meet this bar, at least not absent Democratic participation. By absenting themselves, the Democrats can block the narrow Senate Republican majority from selecting Pence.

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And the Trumpapocalypse Rolls On

It has been an education, watching the mass public meltdown on the part of the not-Trump faction over the last week and a half. OK I get the shock and denial, said to be the first stages of grief. Hillary was supposed to become the first woman elected president of the USA! (Yay, vagina!) It was her turn, per the Ruling Uni-party and a whole lot of people who should have known better. And she was supposed to be qualified the most qualified woman evah! – although specifics about those qualifications are somewhat thin on the ground and mostly to do with her grabbing in marriage an attractive, promising professional pol on his way up, and sticking with him no matter what personal humiliations that entailed for decades.

I’d interject a personal note here: I once had a security clearance, and handled classified material for a couple of years. If I had been so damned careless with those documents as the Dowager Queen of Chappaqua was as Secretary of State, I’d still be in a cell in Leavenworth, instead of blissfully retired from the Big Blue Machine for two decades. Too, she had the establishment national media in her pocket, slavering to be of obedient service to the Queen, and a whole lineup of celebrities, likewise dropping to their knees and elbowing each other out of the way in their haste to swear fealty. Her campaign spent a bomb on pollsters, advertising, and whatever else presidential campaigns are supposed to spend megabucks on which until now was always supposed to signal victory. It was in the bag for her, without a doubt! And yet … the dominoes dropped, one after one, after one. And the coronation was off. No wonder the Dowager Queen is reported to have had a particularly horrific tantrum on Election Night, and vanished from the eyes of her adoring public for more than a week, reappearing looking like a side dish of Death indifferently warmed over.

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Trump and Conflicts of Interest.

Trump is organizing his administration but he is facing another crisis.

The Wall Street Journal is giving him painful and unwelcome but good advice.

He must liquidate the family business.

One reason 60 million voters elected Donald Trump is because he promised to change Washington’s culture of self-dealing, and if he wants to succeed he’s going to have to make a sacrifice and lead by example. Mr. Trump has so far indicated that he will keep his business empire but turn over management to his children, and therein lies political danger.

Mr. Trump has for decades run the Trump Organization and during the campaign said if he won the Presidency he’d turn over the keys to Donald Jr., Eric and Ivanka, all of whom are now serving on the Trump transition. A company spokesperson says the family business is “in the process of vetting various structures” and that the ultimate arrangement “will comply with all applicable rules and regulations.”

Some of Mr. Trump’s lawyers have called the plan a “blind trust,” which past Presidents have used to protect their assets from the appearance of conflicts-of-interest. But that set-up typically involves liquid assets like bonds and stocks, not buildings or a branding empire. Mr. Trump will know how any given decision will affect, say, the old post office property in Washington, D.C. that he’s leasing from the federal government (another conflict). By law blind trusts are overseen by an independent manager, not family members.

The Journal is correct. I don’t know how Trump is going to do this but he has to.

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Seth Barrett Tillman: Room for Debate: Constitutional Restrictions on Foreign Gifts Don’t Apply to Presidents

Seth makes the New York Times:

Still the Constitution does not always demand that we and our government act wisely. And that is the situation here. The Foreign Gifts Clause provides that “no person holding any office of profit or trust under them (i.e., the United States) shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.”
 
Does the Foreign Gifts Clause and its office under the United States language apply to the presidency? There are three good reasons to believe that it does not.

Worth reading in full.