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American Juris Society

Pitchforks To The Barricades!

Unlike most people, I was proud of America in the year 2000, when George Bush and Al Gore played the presidential election to a tie.

I told folks at the time: “In most countries, if an election were a tie, competing mobs would take to the streets. Not in America. We figure that ‘boys will be boys.’ These political morons will work it out somehow. Someone will be sworn in on January 20, and life will go on.”  

An event that would have triggered panic elsewhere triggered only yawns in the United States.

Good for us.

I have a “boys will be boys” approach to many political things. For example: Hunter Biden profited on his father’s name? Boys will be boys.

Trump was a little more flagrant than Hunter and extracted billions for himself and his children?

The Democrats pioneered this bullshit. Or at least the Democrats went along with it. Trump was just a little more exuberant about his profiteering.

Biden cancelled a few billion in student debt just before the 2024 elections? Boys will be boys.

Trump sent out Medicare Part B and ObamaCare “refund” checks in anticipation of this year’s election?

The Democrats were the trailblazers. Trump’s gasoline just turned the smoldering trail into a conflagration.

Now, when I hear about the various way that Republicans may try to overturn the results of the midterm elections, I feel the same.

Trump will cause the Postal Service to screw around with mail-in ballots? Boys will be boys.

He’ll send out ICE agents to deter voting by immigrants? Boys will be boys. Federal troops? Eh.

Pressure officials to change election results? Seize voting machines? Have “election monitors” interfere with voting? I assume that lawsuits, or energized voters, or bipartisan objections by all Democrats and all Republican patriots (who aren’t running for reelection) will overcome that.

But there’s one stunt that even I won’t stomach.

The idea is that, before January 3, 2027, House Speaker Mike Johnson replaces the clerk of the House of Representatives with a Trump loyalist. That loyalist clerk, charged with preparing the roll of members-elect for use on January 3, leaves a bunch of Democrats off the roll (because of election irregularities, or whatever).

Without those Democrats on the roll, the listed members-elect — a majority of whom are Republican — elect a Republican Speaker of the House. That Republican Speaker, supported by lickspittle Republican members of the House (or do I repeat myself?), then organize the House and use the power of the majority to refuse to seat the omitted members — preserving a Republican majority for the next two years.

Even for me — a person who’s “boys will be boys” to the core — that would be a bridge too far.

If that happens, join me in grabbing your pitchforks and heading to the barricades.

We’re off to the Bastille.  


Mark Herrmann spent 17 years as a partner at a leading international law firm and later oversaw litigation, compliance and employment matters at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Drug and Device Product Liability Litigation Strategy (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

The post Pitchforks To The Barricades! appeared first on Above the Law.

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