Electors Must Face Clear and Present Danger
Russia’s intervention in our election has been the woolly mammoth in the living room of our national political life for months. While individuals shouted about a foreign nation intervening in our election above all other stories, the rest of the family either played down the importance, outright denied it, or turned on the television, where cable and network media reported it quickly and breezily transitioned to another topic.
The insanity of that blatant dysfunction crashed to the center stage with news that officials in Washington were provided extensive details of Russia’s meddling and its clear intention to elect Donald Trump and hurt Hillary Clinton — before the election. They failed to tell us. As reports show, all Democrats and half of the Republicans in the meeting believed the information should be public. Mitch McConnell (R-KY), Majority Leader of the Senate, argued vehemently against it.
In a rare show of bipartisan unity, Republican Sen. John McCain (R-AZ), the Armed Services Committee chairman and Sen. Lindsey Graham (R-SC) teamed with incoming Senate Democratic leader Chuck Schumer (D-NY), the incoming Senate Democratic leader, and Sen. Jack Reed (D-R.I.), the top Armed Services Committee Democrat, to release a joint statement: “Democrats and Republicans must work together, and across the jurisdictional lines of the Congress, to examine these recent incidents thoroughly and devise comprehensive solutions to deter and defend against further cyber-attacks.”
However, how and when they would do so remains to be seen. It falls to the Electoral College to stop Trump now, and it is their mandate under the U.S. Constitution to do so. Our founders were wise in requiring that Electors not actively serve in federal office. It ensures that in the event of corruption, Electors have autonomy to correct it.
In the meantime, President-Elect Trump moves ever closer to the White House. He has steadily denied Russia’s obvious interference. Never mind that 17 different U.S. intelligence communities have confirmed it. Trump’s response to the news stories — and details previously withheld from the public — was to attack our entire intelligence community, the best in the world. This happens as he floats a candidate for Secretary of State who has received Russia’s highest medal awarded to non-Russians and has a personal relationship with Putin.
The opportunity for an ordinary citizen to save their country or the world, depending on the drama, is the stuff of Hollywood. This story has a central hero in Chris Suprun, a Republican Elector from Texas, who has vowed to vote conscience rather than for Donald Trump, who won the popular vote in his state. He is on solid ground. A law firm has teamed with Lawrence Lessig of Harvard Law School is providing confidential, pro-bono advice to Electors of conscience, including Suprun.
“Federalist 68 argued that an Electoral College should determine if candidates are qualified, not engaged in demagogy, and independent from foreign influence,” Suprun summarized in his New York Times article about his decision. “Trump shows us again and again that he does not meet these standards.”
Suprun also might have listed corruption as a concern. Alexander Hamilton, the author of Federalist #68, wrote that it was to be opposed. Just weeks ago, Trump settled fraud and racketeering charges for $25 million. That civil case was from a collection of 4,095 lawsuits Trump has been involved with over the years. That’s a lot for large public company, much less a privately held family concern.
A demagogue is a leader who panders to popular fears and prejudices rather than make reasoned appeals based on fact, the cornerstone of Trump’s campaign. Foreign influence is so deeply engrained with Trump, as are examples of incompetence, that it’s hard to write summary paragraphs.
Trump’s ties to foreign nations would be less frightening, perhaps, if we knew what they were. He has been steadfast in his refusal to provide tax returns. This is the only way the nation can determine the extent of his relationships with foreign governments. Similarly, Trump has done nothing to assuage concerns since become president-elect. Instead he has brazenly continued to advance his interests ahead of the nation’s. The most recent example is a decision to keep an executive producer credit for the new Apprentice show. It is comical compared to so many other examples, like his daughter Ivanka joining in his meeting with the Japanese premier right before sealing the deal on her business deal with that country.
These types of things most certainly lead to a violation of another part of the U.S. Constitution, the Emolument clause that prevents elected officials from accepting gifts from foreign governments. Impeachment should follow such violations, which presumes Trump hasn’t already been impeached as the result of the hearings proposed by McCain et al in Washington on Russia’s cyber attack on our nation. Electors cannot in good faith vote in a candidate racing toward a constitutional violation where impeachment is the result.
The results of the presidential election on Nov. 8 currently stand at 306 electoral votes for Trump and 232 for Hillary Clinton. A key fear for many is that if the Electoral College votes conscience, but fails to land another candidate with 270 votes, it would go to the U.S. Congress to decide. Given the state of Washington D.C., many fear the result would be more chaos and corruption. Despite many reports that state otherwise, Congress is required to select from the top three winners of the Electoral College tally, not anyone they might dream up post-election. Each state delegation gets one vote if that happens.
Suprun concluded his piece by saying he and other Republican Electors should unify behind an honorable and qualified Republican leader. If they take their righteous cause one step farther, they would also consider evidence unique to this election in casting their votes. The evidence, in all fairness, might lead them to vote for the Democrat.
In any other year, Hillary Clinton’s staggering lead in the popular vote would be irrelevant to the ultimate outcome. The extent of foul play this year changes that. Context matters. Absent foreign intervention, to say nothing of other anomalies, Clinton wins the Electoral vote, too. Given the nature of this travesty, her 2.8 million lead in the popular vote — and counting — cannot be viewed in isolation.
While the woolly mammoth in our national living room is Russia’s success in manipulating our election, it is not the only large and rare creature in the room. Trump solicited foreign governments for money for his campaign, a clear violation of campaign finance law. The Federal Elections Commission told him to stop; he had to be admonished a second time.
Then Trump looked into the camera and asked Russia to hack into Hillary Clinton’s emails. When it happened, it reignited the server story. Just as that story died down, James Comey, head of the FBI, sent a letter to Republican lawmakers that the agency was reviewing more of Hillary’s emails. That put it on the front page again. Given Comey did this nine days before the election, most consider it a clear violation of the Hatch Act. Finally, two days before the election — after millions had voted — Comey announced there wasn’t anything to report, after all.
Russian actors released material from the hacks of the DNC and Hillary Clinton — but not material they gleaned from the RNC or Trump — specifically to embarrass one party and benefit the other. The result was a largely false narrative that shifted middle-road votes away from Clinton to third-party candidates and perhaps even Trump.
Disavowing Trump is the only thing Suprun and the other Electors can do to hold to their Constitutional obligation. They are also in a position to ensure this doesn’t happen again, and that means not rewarding a party that succeeds because it cheated. Not calling it out sets a dangerous precedent for future elections. This means party over country, not the other way around.
Electors can and should send a message that utilizing another nation to win a U.S. election is un-American. Clinton is the clear choice, but ANY candidate besides Trump will at least ensure they abide by the U.S. Constitution. The Electoral College of 2016 is guaranteed a significant place in history, even centuries from now. Whether they are heroes remains to be seen.
