Footnote (and John Eastman’s 6 point plan for Pence to steal the stolen election on January 6 for himself and his boss)

Trump has no friends, his type never does. They regard men as base coin to gratify their passions, in a phrase used to describe Napoleon’s attitude toward other humans. Some humans’ blindly driving ambition is useful, can greatly benefit the man who knows how to skillfully use others to his own advantage. As base coin, these ambitious types can be cast away at any time and replaced by other tarnished instruments.

Nobody truly likes a deeply damaged, loveless motherfucker [1] like our former president except for ambitious lackeys and angry mobs. Angry mobs adore his relentless in-your-face, norm and common decency smashing assault on liberals, queers, mass media, disloyal party members, Muslims, Mexicans, women of color, disloyal Jews, Blacks, cripples, losers, non-Scandanavian immigrants, socialists, anti-fascists, etc. He rules his spineless, platformless (2020 RNC platform — whatever the big guy wants) party by terror. The famously vindictive man’s sure, vicious revenge, guaranteed to be visited on anyone opposing his will, is a constantly reinforced reminder that he will not be opposed, no matter how insane his demands. Here’s the thing:

This particular angry, boastful, lying Orange maniac did not invent any of the corrupt, lying, authoritarian routine he practices, and while he certainly wasn’t their first choice, radical right billionaires have found their audacious front man to be very useful for their larger purpose, keeping everyone distracted and enraged as they game democracy to protect the privileges of vast inherited wealth in perpetuity. This Orange Polyp, since he is a malignant narcissist and an amoral opportunist, is their go to guy in the war of the few to keep hold of everything, in the face of the rising threat of the John Birch and Federalist Society’s great enemy, ‘majoritarian tyranny’.

Here is what former Trump lawyer John Eastman [2] advised Trump to do in a two page Privileged and Confidential memo entitled Scenario for January 6. This is the action plan part of what Glenn Kirscher and many others have called a blueprint for insurrection.

1. VP Pence, presiding over the joint session (or Senate Pro Tempore Grassley, if Pence recuses himself), begins to open and count the ballots, starting with Alabama (without conceding that the procedure, specified by the Electoral Count Act, of going through the States alphabetically is required).

2. When he gets to Arizona, he announces that he has multiple slates of electors, and so is going to defer decision on that until finishing the other States. This would be the first break with the procedure set out in the Act.

3. At the end, he announces that because of the ongoing disputes in the 7 States, there are no electors that can be deemed validly appointed in those States. That means the total number of “electors appointed” – the language of the 12th Amendment — is 454. This reading of the 12th Amendment has also been advanced by Harvard Law Professor Laurence Tribe (here). A “majority of the electors appointed” would therefore be 228. There are at this point 232 votes for Trump, 222 votes for Biden. Pence then gavels President Trump as re-elected.

4. Howls, of course, from the Democrats, who now claim, contrary to Tribe’s prior position, that 270 is required. So Pence says, fine. Pursuant to the 12th Amendment, no candidate has achieved the necessary majority. That sends the matter to the House, where the “the votes shall be taken by states, the representation from each state having one vote . . . .” Republicans currently control 26 of the state delegations, the bare majority needed to win that vote. President Trump is re-elected there as well.

5. One last piece. Assuming the Electoral Count Act process is followed and, upon getting the objections to the Arizona slates, the two houses break into their separate chambers, we should not allow the Electoral Count Act constraint on debate to control. That would mean that a prior legislature was determining the rules of the present one — a constitutional no-no (as Tribe has forcefully argued). So someone – Ted Cruz, Rand Paul, etc. – should demand normal rules (which includes the filibuster). That creates a stalemate that would give the state legislatures more time to weigh in to formally support the alternate slate of electors, if they had not already done so.

6. The main thing here is that Pence should do this without asking for permission – either from a vote of the joint session or from the Court. Let the other side challenge his actions in court, where Tribe (who in 2001 conceded the President of the Senate might be in charge of counting the votes) and others who would press a lawsuit would have their past position — that these are non-justiciable political questions – thrown back at them, to get the lawsuit dismissed. The fact is that the Constitution assigns this power to the Vice President as the ultimate arbiter. We should take all of our actions with that in mind.




Of course, sometimes motherfucker simply means motherfucker, but a few words are in order about using this vulgar and inflammatory phrase to describe a vulgar man who treats others like his slaves.

My father, during a few years of my school life, taught a group dynamics seminar where, at one point, he asked Black kids and White kids to give their thoughts on the word “motherfucker.” It’s origin on the plantation, of course, was a guy like Thomas Jefferson, rich, powerful, entitled, who, if he found your mother beautiful, was at liberty to fuck her, since he actually owned her body and controlled her actions. If a child was born, the motherfucker owned another slave, it was win-win for him. So the term was always ambiguous and multi-edged for male slaves on the plantation, you hated the motherfucker, but also, damn.

My father asked an Italian gang leader from a Brooklyn high school what the word motherfucker meant to him.

That’s the last word you hear before the fists start flying and the chains and gravity knives come out,” he said, looking across at the Puerto Rican and Black gang leaders. The Black kid smirked. My father asked him what ‘motherfucker’ meant to him.

Where I come from ‘motherfucker’ is one of the most useful and versatile words we have,” he said. “Contrary to the usage given by my Italian-American colleague over there, it doesn’t generally mean I want to fight you, unless I say it right before I’m going to fight a motherfucker. In that case, I use it as a deliberate provocation, otherwise it means a lot of things, depending on the context.”

For example?

The late great John Coltrane played like a motherfucker. Miles Davis is a motherfucker. Are you crazy, motherfucker? That motherfucker is hilarious. Motherfucker… please… That algebra test was a motherfucker. This motherfucker thinks his shit don’t stink. That motherfucker can’t take a joke. Relax, motherfucker. Motherfuckers were dancing in the street. Motherfucker be like…” and he imitated an idiosyncratic motherfucker they all knew.

My favorite dictionary definition of all-time is Merriam-Webster’s explanation of the word ‘squeamish’: “Exhibiting a prudish readiness to be nauseated.” This language-scrupulous Caucasian motherfucker has a prudish readiness to be nauseated by the word ‘motherfucker,’ and also by the unexpurgated ‘n-word’ and the common ‘f-word’. Oh, my.


Eastman spoke at the January 6 rally that preceded the attack on the Capitol. He retired from his position as a professor at Chapman University a week after January 6, which occurred amid protests from faculty at the Southern California university over his participation in Trump’s efforts to overturn the election.

Eastman told the Washington Post that his memo merely “explored all options that had been proposed.” In an interview on Tuesday, Eastman told CNN that the two-page memo had been only a preliminary draft. He provided CNN with a longer six-page memo laying out numerous other scenarios for Pence to follow on January 6. Eastman told CNN that during the January 4 meeting he’d had in the Oval Office with Trump and Pence, he had told Pence he should only delay certifying votes in the seven states, not try to throw the election to Trump.

The reality, however, is that a delay was simply another avenue to stop Biden from taking office.


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