Let the Criminal Prosecutions Begin

What happened in Washington, D.C. yesterday does not “border on” sedition. It is sedition. Here is the language of the applicable statute, 28 United States Code section 2834, entitled “Seditious Conspiracy”:

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

Every insurrectionist who forced their way into the Capitol is guilty of a crime. Many of them are easily identifiable, either through video of the event or through social media. Whether their leaders, including Josh Hawley, Ted Cruz, and Louie Gohmert, can be proved to have incited this violence is an open question. Gohmert is probably the most easily prosecutable of these three. Hawley’s raised fist in solidarity with the insurrectionists may not be enough to convict him, but it is grotesque and should end his political career.

It is less difficult than one might think to prosecute Donald Trump under this statute. He has repeatedly endorsed violence. He promised yesterday’s rally would be “wild.” There are reports that White House staff were “freaked out” yesterday when he showed enthusiasm for the storming of the Capitol because it meant certification of the election results would be derailed. He did nothing to try to restore order. In fact, he refused to activate the National Guard despite repeated requests; ultimately the Vice-President had to give the order. There is little doubt that Trump wanted this riot.

If there are no prosecutions—if we decide to “move on” because we can’t take any more of this—then we normalize political violence. If it is okay this time, it is okay next time. The rule of law means nothing if the law is not enforced. It means very little if only the lowest-ranking foot soldiers in this conspiracy are prosecuted. There must be a good-faith effort to identify the most powerful individuals against whom cases can be proven and bring them to the bar of justice. Their status as elected officials gives them no quarter. They are not above the law.

Unless we fail to act. Then they are above the law, and they will know it. Just as Trump learned from the result of his impeachment that he can get away with subverting the interest of the nation to his own political interest, the people who fomented this insurrection will be emboldened to try again. It won’t happen tomorrow, but it will happen. It may happen in 2022, when they refuse to accept their defeat at the polls. It will happen in 2024, when they again try to overturn the results of a free and fair election because they know there are no consequences for sedition.

Criminal prosecutions are not an option. They are a necessity. The preservation of the Republic depends on it.

About Last Night

Did you watch the debate last night? I did, and by the end I was halfway through a full-blown anxiety attack. There were times early on when Joe Biden started to stutter, and I couldn’t deal. It wasn’t bad, but it was there. I sat there with my head in my hands, trying not to cry. I asked Linda, “Did you see him stuttering?” She hadn’t noticed. But I couldn’t not notice.

I don’t know at what point in my childhood I started to stutter. I just know that it was bad—bad enough that my parents sent me to speech therapy. (Is that even a thing anymore? Do kids still get speech therapy for stuttering?) Mom says I was improving until the day I was called out of class in junior high school for therapy. It was announced over the school loudspeaker: “WILL JEFF STEELE PLEASE REPORT TO THE OFFICE FOR SPEECH THERAPY?” Because public humiliation always helps. After that, Mom says, I was back to square one and therapy was useless. 

At some point in my tween years, I decided I wanted to be a trial lawyer. Imagine that: a kid who couldn’t get words out of his mouth was going to make a career in public speaking. It was insane. But I decided that this was a thing I wanted, and no handicap was going to stop me. If I stuttered, people would have to listen harder. They would have to lean in and focus on what I said, not how I said it. I wasn’t going to be deterred. I have no idea where that self-possession came from. 

I didn’t date in high school. There were a lot of reasons for that, but one was an absolute terror of talking on the phone. There were no cell phones in those days, so no texting. You wanted to talk to a girl, you had to call her. I couldn’t. My stutter got worse when I was nervous so, unlike normal people, I couldn’t hide my nerves. All a girl had by which to judge me was my voice on the telephone line, and it sputtered like a ’57 Chevy. The date wasn’t worth the humiliation if the date ever happened, which it wouldn’t because who would want to go out with such a goober? 

To this day I don’t answer the phone. I make my wife do it. I don’t need that kind of stress. 

Things got better. I discovered alcohol in college, and it helped. I got laid. I became more social, and therefore more relaxed, and thus I stuttered less. I learned how to control my breathing in ways that mitigated the stutter. Then law school, and trial practice classes. I developed a pretty tough skin. No, I did more than that. I became an accomplished public speaker. I gave closing arguments and won significant cases. I argued before courts of appeal. Some political types suggested I consider running for Congress. (Um, no.) I made speeches to a couple of hundred people in my congregation at holidays, including one time when I got to the podium only to discover that my printer had only printed every other page and I had to wing it. No one ever knew. I was good in my time.

But after every legal argument or speech, that suit went to the cleaners because it was drenched in flop sweat. I was simultaneously wound up and exhausted, every time. My nerves were shot. I drank and went to bed. 

It never goes away completely. Sometimes I can tell when the words aren’t going to come out right, and I can search for alternative words or phrases so quickly you don’t know I’ve done it. Sometimes it catches me by surprise. Sometimes there are no alternatives. You know one phrase that trips me up? My own damned name. That’s right; I stutter when saying my name. I’ll be called upon to introduce myself, and I’ll insert an “ah” or “um” between my first and last names so I don’t trip over it, and everyone will laugh—“Having trouble remembering your name? HAR HAR HAR HAR.” Then I am ten years old again, embarrassed and seething.

Have you seen the clip in which Joe Biden comforts the kid who stutters? Have you seen where he puts his forehead against the boy’s forehead and tells him it’s going to be okay, and that there will always be bullies but he doesn’t have to let them win? Today I want to do that for Joe. I want to tell him that I noticed last night, and it’s okay. I listened, and I heard what he said without regard to how he said it. There will always be bullies, and he doesn’t have to let them win. I want to say that, but I would cry if I ever did. And it wouldn’t come out right, because I would stutter.  

I am a sixty-year-old man. Holy fucking hell, why am I never over it?

Addendum: My mom saw this post and reminded me of important facts that the mists of time had obscured for me. My folks never put me in speech therapy. My schools did that twice without consulting or informing them. When Mom got wind of it in elementary school, she stopped it because her research had indicated that the best way to treat a stutter was to leave it alone and not make the child self-conscious. Sure enough, I got steadily better on my own—until my junior high school again put me in therapy without consulting Mom, and used the public address system to call me out of class. She stopped that, too, but the damage was done.

And Now, The Rest of the Story

Something happened in last night’s Presidential debate that most people probably missed, but that is crucial to understanding what happens after November 3.

Pennsylvania is moving away from Trump and toward Biden. Fivethirtyeight.com’s models now show that Biden wins the state 79 times out of 100. If you look at the electoral map, Pennsylvania is the ballgame. Here’s why:

The states of the upper Midwest—Minnesota, Wisconsin, Michigan, and Pennsylvania—all have similar demographics and similar economics. This was the “blue wall” that Hillary Clinton famously and erroneously counted on in 2016. Biden leads in every one of those states, but it’s closest in Pennsylvania. That means that if Biden wins Pennsylvania, he probably wins the others as well. If that happens, Biden does not need to win a single swing state to win the election. He doesn’t need Florida, North Carolina, Ohio, Iowa, Georgia, or even Arizona (where he currently leads).

Trump needs to win every swing state and take one or more of the upper Midwest states. Pennsylvania is his best shot, and it’s slipping away from him.

Early voting has already started in Pennsylvania. Last night Trump claimed that his poll watchers were excluded from polling places in Philadelphia because “bad things happen in Philadelphia.” That’s false. In fact, there are no polling places open. Trump’s poll watchers were refused entry to the offices of election staff because they are not registered as poll watchers. Nothing inappropriate happened.

Not that that matters. Trump is laying the groundwork for disputing the election results in Pennsylvania. He is teeing up the argument that he lost the state because shady things happened in Philadelphia, and the “proof” of that is the fact that his non-registered poll watchers were denied access to election staff. The fact that it’s all hooey doesn’t matter. What matters is that he has just given us a preview of the justification he will assert for refusing to accept the results of the election.