Archives for category: Accountability

You know the old line, “Failure is not an option.” Well, we have federal education policy built on the idea that failure doesn’t matter. Failure is not only an option, it is the only option. No Child Left Behind failed; the same children who were behind were left behind. Race to the Top was a failure; no one reached “the top” because of its demands. Common Core was a failure: It promised to close achievement gaps and raise up fourth grade test scores; it did not. Every Student Succeeds did not lead to “every students succeeding.” At some point, we have to begin to wonder about the intelligence or sanity of people who love failure and impose it on other people’s children. Testing, charter schools, merit pay, teacher evaluation, grading schools A-F, state takeovers, etc., fail again and again yet still remain popular with the people who control the federal government, whether they be Democrats or Republicans.

Peter Greene sums up the problem with his usual wit and insight: Democrats need a new vision. They need to toss aside everything they have endorsed for at least the past 20-30 years. The problem in education is not just Betsy DeVos. The problem is the bad ideas endorsed by Ronald Reagan, George H.W. Bush, Bill Clinton, George W. Bush, Barack Obama, and Donald Trump. Will Biden and Cardona have the wisdom and the vision to understand that?

For four years, Democrats have had a fairly simple theory of action when it came to education. Something along the lines of “Good lord, a crazy lady just came into our china shop riding a bull, waving around a flamethrower, and dragging a shark with a head-mounted laser beam; we have to stop her from destroying the place (while pretending that we have a bull and a shark in the back just like hers).” 

Now, of course, that will, thank heavens, no longer fit the circumstances. The Democrats will need a new plan.

Trouble is, the old plan, the one spanning both the Clinton and Obama years, is not a winner. It went, roughly, like this:

The way to fix poverty, racism, injustice, inequity and economic strife is to get a bunch of children to make higher scores on a single narrow standardized test; the best shot at getting this done is to give education amateurs the opportunity to make money doing it.

This was never, ever a good plan. Ever. Let me count the ways.

For one thing, education’s ability to fix social injustice is limited. Having a better education will not raise the minimum wage. It will not eradicate poverty. And as we’ve just spent four years having hammered into us, it will not even be sure to make people better thinkers or cleanse them of racism. It will help some people escape the tar pit, but it will not cleanse the pit itself.

And that, of course, is simply talking about education, and that’s not what the Dems theory was about anyway–it was about a mediocre computer-scorable once-a-year test of math and reading. And that was never going to fix a thing. Nobody was going to get a better job because she got a high score on the PARCC. Nobody was ever going to achieve a happier, healthier life just because they’d raised their Big Standardized Test scores by fifty points. Any such score bump was always going to be the result of test prep and test-taker training, and that sort of preparation was always going to come at the expense of real education. Now, a couple of decades on, all the evidence says that test-centric education didn’t improve society, schools, or the lives of the young humans who passed through the system.

Democrats must also wrestle with the fact that many of the ideas attached to this theory of action were always conservative ideas, always ideas that didn’t belong to traditional Democratic Party stuff at all. Jack Schneider and Jennifer Berkshire talk about a “treaty” between Dems and the GOP, and that’s a way to look at how the ed reform movement brought people into each side who weren’t natural fits. The conservative market reform side teamed up with folks who believed choice was a matter of social justice, and that truce held until about four years ago, actually before Trump was elected. Meanwhile, in Schneider and Berkshire’s telling, Democrats gave up supporting teachers (or at least their unions) while embracing the Thought Leadership of groups like Democrats for Education Reform, a group launched by hedge fund guys who adopted “Democrat” because it seemed like a good wayto get the support they needed. Plus (and this seems like it was a thousand years ago) embracing “heroes” like Michelle Rhee, nominally listed as a Democrat, but certainly not acting like one. 

All of this made a perfect soup for feeding neo-liberals. It had the additional effect of seriously muddying the water about what, exactly, Democrats stand for when it comes to public education. The laundry list of ideas now has two problems. One is that they have all been given a long, hard trial, and they’ve failed. The other, which is perhaps worse from a political gamesmanship standpoint, is that they have Trump/DeVos stink all over them. 

But while Dems and the GOP share the problems with the first half of that statement, it’s the Democrats who have to own the second part. The amateur part.

I often complain that the roots of almost all our education woes for the modern reform period come from the empowerment of clueless amateurs, and while it may appear at first glance that both parties are responsible, on closer examination, I’m not so sure.

The GOP position hasn’t been that we need more amateurs and fewer professionals–their stance is that education is being run by the wrong profession. Eli Broad has built his whole edu-brand on the assertion that education doesn’t have education problems, it has business management problems, and that they will best be solved by management professionals. In some regions, education has been reinterpreted by conservatives as a real estate problem, best solved by real estate professionals. The conservative model calls for education to be properly understood as a business, and as such, run not by elected bozos on a board or by a bunch of teachers, but by visionary CEOs with the power to hire and fire and set the rules and not be tied down by regulations and unions. 

Democrats of the neo-liberal persuasion kind of agree with that last part. And they have taken it a step further by embracing the notion that all it takes to run a school is a vision, with no professional expertise of any sort at all. I blame Democrats for the whole business of putting un-trained Best and Brightest Ivy Leaguers in classrooms, and the letting them turn around and use their brief classroom visit to establish themselves as “experts” capable of running entire district or even state systems. It takes Democrats to decide that a clueless amateur like David Coleman should be given a chance to impose his vision on the entire nation (and it takes right-tilted folks to see that this is a perfect chance to cash in big time). 

Am I over-simplifying? Sure. But you get the idea. Democrats turned their backs on public education and the teaching profession. They decided that virtually every ill in society is caused by teachers with low expectations and lousy standards, and then they jumped on the bandwagon that insisted that somehow all of that could be fixed by making students take a Big Standardized Test and generating a pile of data that could be massaged for any and all purposes (never forget–No Child Left Behind was hailed as a great bi-partisan achievement). 

I would be far more excited about Biden if at any point in the campaign he had said something along the lines of, “Boy, did we get education policy wrong.” And I suppose that’s a lot to ask. But if Democrats are going to launch a new day in education, they have a lot to turn their backs on, along with a pressing need for a new theory of action.

They need to reject the concept of an entire system built on the flawed foundation of a single standardized test. Operating with flawed data is, in fact, worse than no data at all, and for decades ed policy has been driven by folks looking for their car keys under a lamppost hundreds of feet away from where the keys were dropped because “the light’s better over here.”

They need to embrace the notion that teachers are, in fact, the pre-eminent experts in the field of education.

They need to accept that while education can be a powerful engine for pulling against the forces of inequity and injustice, but those forces also shape the environment within which schools must work. 

They need to stop listening to amateurs. Success in other fields does not qualify someone to set education policy. Cruising through a classroom for two years does not make someone an education expert. Everyone who ever went to the doctor is not a medical expert, everyone who ever had their car worked on is not a mechanic, and everyone who ever went to school is not an education expert. Doesn’t mean they can’t add something to the conversation, but they shouldn’t be leading it.

They need to grasp that schools are not businesses. And not only are schools not businesses, but their primary function is not to supply businesses with useful worker bees. 

If they want to run multiple parallel education systems with charters and vouchers and all the rest, they need to face up to properly funding it. If they won’t do that, then they need to shut up about choicey policies. “We can run three or four school systems for the cost of one” was always a lie, and it’s time to stop pretending otherwise. Otherwise school choice is just one more unfunded mandate.

They need to accept that privatized school systems have not come up with anything new, revolutionary, or previously undiscovered about education. But they have come up with some clever new ways to waste and make off with taxpayer money.

Listen to teachers. Listen to parents in the community served by the school. Commit to a search for long term solutions instead of quick fixy silver bullets. And maybe become a force for public education slightly more useful than simply fending off a crazy lady with a flamethrower. 

A federal judge in Texas, appointed by Trump, dismissed a lawsuit filed by Texas Congressman Louis Gohmert, seeking to overturn Joe Biden’s election victory.

A federal judge in Texas has dismissed a long-shot lawsuit by Rep. Louie Gohmert (R-Tex.) that sought to overturn the presidential election, saying neither the congressman nor his allies have legal standing to pursue the case.


The judge’s Friday night ruling tosses out what many election law experts considered a far-fetched theory to challenge the formal mechanism by which President-elect Joe Biden will be affirmed as the winner of the race for president.


U.S. District Judge Jeremy D. Kernodle issued an order dismissing the case because, he found, neither Gohmert nor his fellow plaintiffs have a sufficient legal stake in the process to justify the lawsuit. Kernodle was nominated to the federal bench by Trump.


The judge’s ruling comes less than 12 hours after lawyers for Gohmert filed court papers arguing that Vice President Pence has far more power than the government claims to alter the outcome of the presidential election.

It was not immediately clear if Gohmert’s legal team plans to appeal the decision.


In response to a Justice Department request to reject the suit, the Friday filing by Gohmert’s legal team accused the government of trying to “hide behind procedural arguments.” Gohmert’s lawyers contended that arguments made by the Justice Department and Congress — that the suit upends long-established procedures and that Pence is an inappropriate target for the suit — are unfounded.


“They say that the Vice President, the glorified envelope-opener in chief, has no authority to preside over anything else or to decide anything of substance or to even count the votes in those weighty envelopes. He is only the envelope-opener,” Gohmert’s filing states.

Gohmert claimed the vice president has the power to effectively pick the next president during the formal recording of electoral college votes by Congress on Wednesday. Pence oversees that ceremony and, as president of the Senate, has the power to declare Biden electors in a handful of key states invalid and instead recognize electors supporting President Trump, the filing contends.


Pence “may count elector votes certified by a state’s executive, or he can prefer a competing slate of duly qualified electors. He may ignore all electors from a certain state. That is the power bestowed upon him by the Constitution,” the filing states.


Gohmert and a number of Republicans in Arizona filed the suit in Texas, arguing that an 1887 law governing how Congress certifies presidential elections is unconstitutional. They argue that the Constitution gives the vice president discretion to determine which states’ electors are valid for choosing the president of the United States...

In a Thursday night filing, a Justice Department lawyer wrote on Pence’s behalf that the case is “a walking legal contradiction,” because Gohmert has sued Pence seeking to give Pence more power. If Gohmert and his allies want to make such a claim, the Justice Department argued, they should sue Congress, not Pence.

Trump no doubt is furious that judges he appointed are loyal to the Constitution, not to him personally. His legal team has filed dozens of lawsuits, and almost all have failed. The few that succeeded dealt with minor issues that had no bearing on the outcome of the vote. The legal theories get increasingly bizarre, but Trump’s followers are unfazed in their zeal to overturn the election results andtoassuage Trump’swounded ego.

The Washington Post reports that Trump allies have filed more lawsuits to overturn the election and are pressuring Mike Pence to block the certification of the results on January 6. Pence has to choose between his loyalty to Trump and his Constitutional duty. Never in American history has a president refused to accept his loss in the election and continued to fight to overturn the results long after the election was decided by bothe voters and the Electoral College. I one of the lawsuits described below, the plaintiffs are suing the “Electoral College,” even though it has no address to serve papers. The most interesting parts of the story are in the second half. Trump’s supporters are ready to shred the Constitution as they fight for the leader of their cult. They are counting on Pence to recognize “electors” who were not certified. It seems almost quaint to remember that ice President Al Gore announced Nixon’s election after Gore won the popular vote but lost Florida’s electors by 537 votes. Gore congratulated the new president. And it was Vice-President Biden who announced Trump’s election in 2016. Trump lost decisively in the Electoral College in 2020, and Biden received seven million votes more than Trump. But Trump will never concede.

President Trump and his allies are growing increasingly desperate as Congress prepares to formally receive the votes that will confirm his election loss next week, filing lawsuits against nonexistent entities and even Trump’s own vice president as they try to come up with new ways to overturn the vote.

One lawsuit filed last week by a conservative group that supports Trump targeted, among others, the electoral college — which does not exist as a permanent body. Another lawsuit filed Sunday by U.S. Rep. Louie Gohmert (R-Tex.) and several Arizona Republicans against Vice President Pence attempts to get a federal judge to expand Pence’s power to affect the outcome.

Pence will preside over next week’s joint session of Congress, where the electoral votes cast earlier this month will be read aloud. President-elect Joe Biden won 306 electoral votes to Trump’s 232, reflecting Biden’s 81 million votes nationwide as he secured the White House.

Trump has been working to incite his supporters over the ceremonial milestone, falsely portraying it as a final showdown in his battle to alter the election’s outcome. “See you in Washington, DC, on January 6th. Don’t miss it,” Trump tweeted Sunday.

There were some initial signs Tuesday that Trump’s last-ditch appeal may be faltering, even among some of his most fervent supporters.

In an interview, Stanley Grot, a Trump elector in Michigan, a longtime Republican and the clerk of the Detroit suburb of Shelby Township, said he does not plan to come to Washington.

When the electoral college met Dec. 14 to certify Biden’s win in the state, Grot joined other Trump electors in Lansing to register their continued support for the president in a state where Trump has exerted especially strong pressure on supporters to overturn the vote. But Grot said Tuesday that there is nothing more he can do next week.

“It is out of our hands now,” he said.

He said if Congress certifies Biden’s victory, he would “not be in a position to challenge anything,” adding, “we always must respect the office of the presidency.”

Another Michigan elector for Trump, Timothy King of Ypsilanti, also said he has no plans to travel to D.C. — though he said he will not be persuaded of the legitimacy of Biden’s win regardless of what happens in Congress.

“I don’t think Joe Biden would be the legal president if they go through with this,” the retired autoworker said. “People are not stepping up and doing their constitutional duty,” he said, to examine unverified claims of fraud that he and others allege took place.

King is a plaintiff in a lawsuit challenging the Michigan election results that has already been rejected by a federal judge; he and his fellow plaintiffs have asked the Supreme Court to review the matter.

Also Tuesday, the Georgia secretary of state’s office announced the results of a signature audit conducted of mail-in ballots from the November election cast in Cobb County. Working with the Georgia Bureau of Investigation, the secretary of state’s office said it reviewed signatures on 15,118 ballot envelopes, finding none were fraudulent and that all but two included signatures that matched that of the voter on file — demonstrating that election officials who examined the signatures before the vote had a 99.99 percent accuracy rate. Of the two ballots, one was signed by a voter in the wrong place and the second was improperly signed by a voter’s spouse. The voter indicated in an interview with state officials that he filled out the actual ballot.

Republicans’ ability to challenge the congressional process is limited.

Any member of the House, joined by a member of the Senate, could contest the electoral votes, citing an 1880s election law. But the challenge will merely prompt a floor debate followed by a vote in each chamber. Trump will inevitably lose that vote, given that Democrats control the House and a number of Senate Republicans have publicly recognized Biden’s victory, including Sen. Mitt Romney (Utah), who has called Trump’s refusal to accept the election dangerous.

Even in the unlikely event that Trump were to prevail in the Senate, where Pence would be in position to cast a tie-breaking vote if needed, the challenge still would fail given the House vote.

Still, a number of Republican members of the House, led by Rep. Mo Brooks (R-Ala.) and egged on by the president, have said they plan to challenge votes in swing states where they have made unfounded allegations that the vote was marred by fraud.

One incoming Republican senator, newly elected Tommy Tuberville of Alabama, has said he is considering signing on, as well. He would do so over the opposition of Majority Leader Mitch McConnell (R-Ky.) and other leading Republican senators, who have said it would be politically harmful to force Republicans to decide whether to back Trump out of loyalty in a vote bound to fail.

Even so, experts fear the vote could cast a cloud over Biden as he prepares to take office Jan. 20, creating the misimpression that his victory was in some way contested or that he was installed by congressional Democrats.

Next week’s ceremony will come at the end of a grueling period in Congress in which Trump angered members of his own party by vetoing a major defense bill and initially balking at a coronavirus relief measure that had been negotiated by his own aides. The legislative maneuvering may also dampen Republican enthusiasm to back Trump’s futile effort to overturn the election.

The lawsuits are designed to get a judge to expand Republican options in Congress next week — or to create the impression that the law might allow additional options.

Trump and his allies have already sought judicial intervention in dozens of suits filed since the election and have met no success. More than 90 state and federal judges, appointed by members of both parties, have rejected challenges to the election by the president, his campaign and his allies.

In some cases, judges have found that the party objecting to the election did not have standing to sue, or inappropriately challenged the voting procedures only after the election.

But in many of the suits, judges evaluated Trump’s claims of fraud and found there was no evidence to support them.

Gohmert’s suit, which was joined by a group of Republicans in Arizona including the chairwoman of the state GOP, argued that the law that governs next week’s congressional action is unconstitutional because it impinges on Pence’s sole authority to recognize electors. The suit argues that a federal judge should order that Pence can choose to recognize alternate electors who support Trump should he wish to do so.

Legal experts said the lawsuit was meritless and would probably be dismissed by a federal judge for multiple reasons.

Among other things, the suit envisions competing slates of electors from which Pence could choose. However, despite intense pressure from Trump, no state legislature actually agreed to set aside the November vote and appoint alternate electors. Instead, informal groups of Trump supporters met in some state capitols earlier this month and appointed themselves electors, in ceremonies that had no force of law.

In a statement, Gohmert nevertheless asserted that seven states had sent “dueling slates of electors” to Washington.

“We continue to hold out hope that there is a federal judge who understands that the fraud that stole this election will mean the end of our republic, and this suit would insure that the Vice-President will only accept electors legitimately and legally elected,” he said.

The case, which was filed in Texas, has been randomly assigned to District Judge Jeremy Kernodle, a Trump appointee who took the bench in 2018.

Gohmert and his fellow plaintiffs have requested a hearing no later than Thursday and a ruling by the judge by Monday. In a filing Tuesday, their lawyers revealed that they had contact with attorneys for the vice president and the Justice Department and were unable to come to an agreement with them about the suit, including about when Pence must file a response. They asked the judge to order Pence to respond by the close of business Wednesday.

In a video posted to Twitter on Tuesday, Arizona Republican Party Chairwoman Kelli Ward, also a plaintiff in the suit, called it a “friendly lawsuit.”

“It’s all on the shoulders of Vice President Mike Pence, and we have this lawsuit to assist him in being able to do his job and to do it well,” she said.

The suit highlights the awkward role Pence will play next week, when, by law, the task of presiding over the last step before Biden takes the oath falls to the vice president. A Pence spokesman did not respond to questions about the suit. A spokesman for the Department of Justice declined to comment.

“This Gohmert suit has had me scratching my head, and I don’t think the courts will take it seriously,” said Trevor Potter, a Republican election law expert who has been reviewing such cases as a member of the nonpartisan National Task Force on Election Crises.

Among other problems, Potter said the remedy Gohmert is seeking “would stand the Constitution on its head. It would effectively deliver to the vice president the right to determine who won the presidential election. If the vice president has authority to pick his favorite electors, then you wouldn’t need a Congress or a Constitution.”

Norm Eisen, a Democrat who is counsel to the nonpartisan Voter Protection Program, called the Gohmert lawsuit even more “absurd and extreme” than those that came before.

“This attempt to throw out the entire legal structure which has guided American presidential elections for almost 150 years is utterly unfounded,” Eisen said. “It is destined to end up where sixty-plus other cases have: the legal ash heap.”

Eisen’s group has been monitoring the efforts closely in the courts and in key states and has worked out an expected timeline of events on Jan. 6, when the two chambers will meet at 1 p.m.

They confidently predict that the day will end with Biden officially being declared the president-elect.

“If they choose to waste the time of Congress and the nation in the middle of a health and economic crisis, it will be for no purpose at all, except to stroke the president’s ego,” Eisen said.


The Financial Times reported a major data breach of personally identifiable student data on a website funded by the Gates Foundation. Bill Gates, as we know, is a data aficionado. Several years ago, he created an ill-fated project called InBloom with the intent of gathering the personal data of millions of students. Fortunately it was killed off by parent activists Leonie Haimson and Rachel Stickland, who created the Parent Coalition for Student Privacy. The “cloud” is not secure.

The personal details of hundreds of thousands of US students were exposed to hackers after a database was left unsecured by Get Schooled, an education charity set up by the Bill & Melinda Gates Foundation and Viacom. Get Schooled was set up a decade ago to help students from low-income, minority and immigrant backgrounds with their college applications and financial aid, and to offer job advice. But it left a database of 125m records, including 930,000 email addresses belonging to children, teenagers and college students, “open and accessible” earlier this year when it overhauled its website, said the UK cyber security company TurgenSec. TurgenSec said the database included names, age, gender and school and graduation details of the individuals. Contact information such as addresses and phone numbers was also accessible.

Perhaps you remember the jacket that Melania Trump wore when she was boarding a flight to see for herself the inhumane treatment of immigrants and their children at the southern border. It said on its back: “I Really Don’t Care. Do U?” She shouted out her indifference to suffering.

Masha Gessen says that the defining characteristic of Trump too is indifference. His vanity, his ego, his golfing, his self matters very much. The rest of us? Not so much. She says that life under an autocracy is always dull. Here I disagree with her. Life under Trump was never dull. Every day there was another threat to our safety, our sense of confidence in the competence of our government, our fear of what Trump might do next to destroy the future of the planet. Chaos was the rule, and chaos is very discomforting.

She writes in The New Yorker:

We have come to expect this President to fail Americans, catastrophically, and we have become accustomed to understanding these failures through two traits of his Administration: cruelty and militant incompetence. But there is a third one, characteristic of many, if not all, autocracies: indifference...

From what we know about Donald Trump, he will remember 2020 as a year when he was unfairly treated by the voters, the courts, and the media, and also a year when he golfed. In this year of the coronavirus, Trump has oscillated between holding briefings and acting like the pandemic was over, while recommending bleach and bragging about his own tremendous recovery. But what he has demonstrated consistently, while three hundred thousand people in this country have died and millions became sick, is that he couldn’t be bothered. Memorable news stories have focussed on the cruel and self-serving ways in which the Administration has addressed the pandemic, as when the President’s son-in-law, Jared Kushner, reportedly found it to be politically advantageous that the virus was disproportionately affecting states with Democratic governments, or when Trump withheld resources from states whose governors had criticized him...

I have written a lot of articles and several books about Russia’s transformation under Vladimir Putin, but the experience I’ve always found hardest to describe is one of feeling as if creativity and imagination were sucked out of society after he came to power. The reason is not so much censorship or even intimidation as it is indifference. When the state took over television, for example, it wasn’t just that the news was censored: it was that the new bosses didn’t care about the quality of the visuals or the writing. The same thing happened in other media, in architecture, in filmmaking. Life in an autocracy is, among other things, dull.

Nothing has reminded me of Russia quite so much as the Trump Administration’s belated effort to encourage Americans to vaccinate. It will build on an earlier effort to “defeat despair” about the pandemic, which either wasted or simply failed to spend more than a quarter of a billion dollars, because the officials involved tried to ideologically vet two hundred and seventy-four celebrities who may or may not have been asked to take part. Many, according to documents released by the House Oversight and Reform Committee, appeared to have been disqualified because they had been critical of Trump. Several said no, and only a handful, Dennis Quaid among them, accepted; Quaid then apparently backed out, and the campaign went dormant. Had it all been a scam? A particularly dumb version of a Hollywood witch-hunt? Probably not. It was probably another story about a President and an Administration that cares about slights but not about people.

The fact that anyone is discussing the possibility of martial law demonstrates how much Trump has degraded our democracy. When Hillary Clinton lost the election in the Electoral College in 2016, she graciously conceded; she didn’t demand endless recounts. Trump continues to whine about a “rigged” election, although historically it is the party in power that has the opportunity to “rig” any election. Although he lost more than 50 lawsuits in state and federal courts, his campaign is still litigating his loss, trying to throw out the vote in Pennsylvania. Since he apparently has no legal way to overturn the election, he is trying to dirty Biden’s clear victory over him, and at the same time, undermine the integrity of our electoral process, which is the basis of our democracy. He is a vengeful, spiteful baby, whining all the way out the door.

Amber Phillips wrote in the Washington Post about Trump’s desperate search for a way to overturn the electoral results, including martial law:

He’s thought about it. He’s hosted political and legal outcasts at the White House to talk about it.

Could President Trump declare martial law, or seize voting machines, or try to otherwise steal the election by force in his last month in office? Any of those would be an extreme escalation of Trump’s already unprecedented strong-arm tactics in his effort to overturn the election results.

The answer is no, he can’t do this stuff, say various national security and election law experts.

But even if these maneuvers aren’t in the president’s tool kit, it’s dangerous for him to talk about them in a way that risks normalizing them — let alone in Oval Office meetings, said nearly every expert The Fix spoke with.

“This is really dangerous stuff to start playing with,” said Rachel Kleinfeld, a national security expert at the Carnegie Endowment for International Peace. “You cannot normalize extrajudicial action outside the rule of law and believe democracy will hold. Democracies are fragile, even ours.”

But even if Trump could do any of the things he might be entertaining, they wouldn’t actually change the election results: Here’s what he’s mulling, according to Washington Post reporting, and why experts say these efforts won’t get him what he wants.

1. Declare martial law 

What this would do: Trump would put the military in charge. It would implement and enforce curfews, keep people in their homes. Former Trump national security adviser Michael T. Flynn has suggested the military could force states to rerun elections. It could even stop members of Congress from coming to work on Jan. 6 to certify President-elect Joe Biden’s win.

Could it happen? No, experts say. There’s absolutely no legal or political precedent for it. “Can the president invade the Congress of the United States? No, he cannot,” said Adav Noti, an election law expert with the Campaign Legal Center.

Some experts were skeptical the president could actually declare martial law in the first place. Governors have that power in their states, but the president doesn’t, Kleinfeld said. (The Post’s Gillian Brockell reports the Supreme Court has never ruled on whether a president can declare martial law without congressional approval.)

“If you have martial law,” Kleinfeld said, “you have total suspension of the Constitution. So that’s a coup, and a coup in this country is not going to happen.”

Trump would also need military buy-in, and military leaders have said they’re not interested in entertaining any of these ideas. Experts were heartened that military leaders expressed regret for participating in a clearing of peaceful protesters outside the White House this summer so the president could pose for a photo he used for political purposes.

Also, declaring martial law wouldn’t do anything to change votes. What is a curfew in December going to do to change an election in November? States aren’t going to redo elections. And even if Congress were unable to certify results, on Jan. 20, the political and legal and military establishment would almost certainly recognize Biden as president. Biden has said he’s confident law enforcement would escort Trump out of the White House on that day if he refused to leave.

After reporting over the weekend that he was briefed on this idea by fringe advisers, Trump tweeted this, throwing cold water on the idea.

Trump has called plenty of accurate reporting “fake news” before, so it’s not the same as an outright denial.

2. Use the Insurrection Act to somehow get control

What this would do: This is slightly different from martial law in that it’s an actual legal tool the president has that allows him to use the military in extreme ways. The Insurrection Act allows the president to call in troops for domestic law enforcement, not unlike what he did this summer in Portland, Ore., during Black Lives Matter protests. It’s supposed to be used only in times of emergency.

But what emergency is there right now that would warrant the military taking to the streets? There is none. Trump could try to gin one up by encouraging protests across the nation on Jan. 6 as Congress certifies results, said Meredith McGehee, an expert in ethics in politics and the director of Issue One.

To that end, Trump allies are planning a rally in Washington that day. Trump is encouraging them: “Big protest in D.C. on January 6th. Be there, will be wild!” he tweeted last week.

That’s scary language, said McGehee, who wondered whether Trump might try to do this in several cities to create the pretense of insurrection and chaos. “Now we have a president who is playing with the notion that we are going to solve conflict with violence,” she said. “That puts us up there truly with the banana republics.”

But this tactic would almost certainly face legal challenges and political blowback. “Talk about an idiotic idea,” Republican strategist Karl Rove recently said on Fox News. “There’s no ability for any president to invoke the Insurrection Act of 1803, claiming that the issue has got to do with the hubbub around the election.”

And just like declaring martial law, it wouldn’t actually change Trump’s results. The Insurrection Act “says nothing about: ‘Therefore the president can stay in power after he’s been voted out in a legitimate election,’” Kleinfeld said.

3. Seize voting machines from states

What this would do: It’s unclear, honestly. It’s an idea that’s been floated to the president on the basis he could somehow try to prove baseless claims that voting machines counted votes incorrectly, or that they were somehow hacked by communist countries.

But those claims been disproved. In Georgia, the Republican secretary of state has presided over three recounts, including one by hand, that confirmed the machines counted votes correctly. An Arizona judge allowed Republicans to view 100 ballots to search for fraud or miscounting, and they found nothing.

“We’re at a point where the votes have been counted,” Noti said. “The machines are done. There was no fraud.”

Also, this is illegal without states’ permission. The Constitution gives states the authority to run their own elections as they see fit. Taking the voting machines would fall to the Department of Homeland Security, and its head, Chad Wolf, has told the White House he’s doesn’t have the authority, according to Post reporting.

4. Set up a special counsel to investigate voter fraud

Trump has toyed with putting one of the most conspiracy-theory-minded lawyers in his orbit, Sidney Powell, into an official position to “investigate” whether there was fraud that led to his loss.

What this would do: Not much.

For one, it doesn’t seem like she’ll find anything. In six states he lost, officials have found just a handful of incidents worth investigating — nowhere near the tens of thousand of votes Trump would need to overturn his loss. The courts have nearly universally rejected his claims as well.

Two, she wouldn’t have much time. A special counsel can’t be removed by the next president, but a Biden Justice Department could just silo her and give her zero resources.

Three, the Justice Department would need to implement this, and it’s not clear Trump has that support. Attorney General William P. Barr said on his way out the door this week that he saw no need. His replacement, Jeffrey A. Rosen, hasn’t commented on this…

Of all the ideas floated out there, this one is the flimsiest, experts said. (But they stressed that they are all infeasible.) “Like all the post-election litigation by the president’s team, it’s all half-baked ideas that don’t have a basis in law and don’t have a basis in fact and don’t have any chance of success,” Noti said, “however success is defined other than whipping some portion of the American public into a frenzy.”

5. Have Congress protest the election 

What this would do: Again, nothing to change the election results. But this is one of the only ideas Trump has considered that he could legally do.

Well, not himself.

When Congress meets Jan. 6 to confirm Biden’s win, Trump has lined up several House Republican lawmakers to challenge as many as half a dozen states he lost. But they won’t actually succeed in changing the outcome. They don’t have support yet from a Republican senator, and without that, their objections die immediately.

If a Republican senator does join in — potentials include incoming senator Tommy Tuberville of Alabama or Sen. Rand Paul of Kentucky — Congress has to debate and vote on their challenges. Lawmakers will almost certainly vote them down, even the Republican-controlled Senate. Sen. John Thune (R-S.D.), the No. 2 Senate Republican, has said these challenges are “going down like a shot dog.” There’s no legal basis not to accept state’s electors that, taken together, make Biden president.

So all of this talk about possible actions is just that: talk. And Trump will probably continue to talk, and tweet, about the election up to noon on Jan. 20, at which point he will be the former president.

David Ignatius writes for the Washington Post. He recently wrote an alarming column about Trump’s last gasp effort to overturn the election results and possibly attempt a coup. Recall that he ousted the top leadership of the pentagon to install sycophants. What does he have planned?

Not to be alarmist, but we should recognize that the United States will be in the danger zone until the formal certification of Joe Biden’s election victory on Jan. 6, because potential domestic and foreign turmoil could give President Trump an excuse to cling to power.


This threat, while unlikely to materialize, is concerning senior officials, including Republicans who have supported Trump in the past but believe he is now threatening to overstep the constitutional limits on his power. They described a multifaceted campaign by die-hard Trump supporters to use disruptions at home and perhaps threats abroad to advance his interests.


The big showdown is the Jan. 6 gathering of both houses of Congress to formally count the electoral college vote taken on Dec. 14, which Biden won 306 to 232. The certification should be a pro forma event, but a desperate Trump is demanding that House and Senate Republicans challenge the count and block this final, binding affirmation of Biden’s victory before Inauguration Day.


Trump’s last-ditch campaign will almost certainly fail in Congress. The greater danger is on the streets, where pro-Trump forces are already threatening chaos. A pro-Trump group called “Women for America First” has requested a permit for a Jan. 6 rally in Washington, and Trump is already beating the drum: “Big protest in D.C. on January 6th. Be there, will be wild!”


Government officials fear that if violence spreads, Trump could invoke the Insurrection Act to mobilize the military. Then Trump might use “military capabilities” to rerun the Nov. 3 election in swing states, as suggested by Michael Flynn, Trump’s former national security adviser. Trump “could take military capabilities and he could place them in those states and basically rerun an election,” Flynn told Newsmax in a Dec. 17 interview.




The Pentagon would be the locus of any such action, and some unusual recent moves suggest pro-Trump officials might be mobilizing to secure levers of power. Kash Patel, chief of staff to acting defense secretary Christopher C. Miller, returned home “abruptly” from an Asia trip in early December, according to Fox News correspondent Jennifer Griffin. Patel didn’t explain, but in mid-December Trump discussed with colleagues the possibility that Patel might replace Christopher A. Wray as FBI director, one official said. Wray remains in his job.


Another strange Pentagon machination was the proposal Miller floated in mid-December to separate the code-breaking National Security Agency from U.S. Cyber Command, which are both currently headed by Gen. Paul Nakasone. That proposal collapsed because of bipartisan congressional opposition.


But why did Trump loyalists suggest the NSA-Cyber Command split in the first place? Some officials speculate that the White House may have planned to install a new NSA chief, perhaps Ezra Cohen-Watnick, the young conservative recently installed to oversee Pentagon intelligence activities.


With firm control of the NSA and the FBI, the Trump team might then disclose highly sensitive information about the origins of the 2016 Trump Russia investigation. Director of National Intelligence John Ratcliffe tried to release this sensitive intelligence before the election, despite protests from intelligence chiefs that it would severely damage U.S. national security. Trump retreated under pressure from then-Attorney General William P. Barr, among others.


Trump’s final weeks in office will also be a tinder box because of the danger of turmoil abroad. Iranian-backed militias fired more than 20 rockets last Sunday at the U.S. Embassy compound in Baghdad, with around nine hitting the compound but inflicting no American casualties. The United States sent intense, high-level messages to Tehran, public and private, warning against any further provocation. The toughest was a Dec. 23 tweet from Trump warning: “If one American is killed, I will hold Iran responsible. Think it over.” State Department and Pentagon officials say Trump’s retaliatory threat is real.


Another potential flash point is just a week away. Jan. 3 marks the first anniversary of the U.S. targeted killing of Quds Force commander Maj. Gen. Qasem Soleimani and Iraq militia leader Abu Mahdi al-Muhandis. Any new violence could ignite a quick cycle of escalation that could bring direct conflict between the United States and Iran during Trump’s final weeks in office.


The heroes in preserving the United States’ hopes of a stable democratic transition, perhaps ironically, have been some courageous, principled Republicans: judges in state and federal courts, including Supreme Court justices nominated by Trump; secretaries of state and other election monitors; a disappointingly small handful of GOP senators and members of Congress, and even a few members of Trump’s inner circle like White House Counsel Pat Cipollone, who is said to have resisted some of Trump’s disruptive plans. They have all stood up in different ways for the rule of law.


Trump won’t succeed in subverting the Constitution, but he can do enormous damage over the next weeks. Before Jan. 6, a delegation of senior Republicans should visit him at the White House and insist, emphatically: Biden has won. This must stop.

Wendy Lecker is a civil rights attorney who writes frequently for the Stamford Advocate. In this column, she reviews two important books: One shows how deeply embedded public schools are in our democratic ideology, the other describes that coordinated assault on the very concept of public schooling. The first is low professor Derek Black’s Schoolhouse Burning, the other is A Wolf at the Schoollhouse Door, by journalist Jennifer Berkshire and historian Jack Schneider.

Lecker writes:

In his scrupulously researched book, Derek Black emphasizes that the recognition that education is essential to democracy predated public schools and even the U.S. Constitution. He describes how the Northwest Ordinances of 1785 and 1787, which applied to 31 future states, mandated funding and land for public schools, declaring that education was “necessary to good government and the happiness of mankind.” Education was not explicitly included in the U.S. Constitution. However, after the Civil War, the United States required Southern states guarantee a right to education in their state constitutions as a condition for readmission. Northern states followed suit. State education articles were based on the notion that education was necessary to citizenship and democracy.

These lofty ideals were often not matched by reality. Enslaved African Americans neither had their freedom nor education. However, African Americans recognized early on that education was the key to full citizenship, and fought for the right to equal access and treatment for all. For Black, the struggle of ensuring equality in public education is intertwined with the struggle for political equality.

Black posits that attacks on public education throughout American history are attacks on democracy itself. Recent events prove his point. For example, Rutgers’ Domingo Morel showed that when majority African-American elected school boards won gains such as increased school funding, states took over those school districts, neutralizing the boards’ power. Northwestern’s Sally Nuamah found that in Chicago, where there is no elected school board, the city’s closure of 50 schools in one year despite protest by the African-American community decreased political participation by that community afterward.…

“A Wolf at the Schoolhouse Door” complements “Schoolhouse Burning” by detailing the specific mechanisms those who attack public education have employed in recent years. In this eminently readable book, the authors describe the “unmaking” of public education and the players behind this effort. They explain how the attacks on public schools are part of a larger effort shrink government and in general what the public expects from the public sphere. One target is the largest part of any education budget: teachers. Anti-public education advocates have pushed cutting state spending on education, attacking job protections, de-professionalizing teaching, weakening unions and promoting failed educational ideas like virtual learning- where teachers are replaced by computers. These “unmakers” also aim to deregulate education, including expanding unaccountable voucher and charter schools.

Schneider and Berkshire demonstrate that attacking public education has also torn at the social fabric of America. Attacking unions weakened the base for democratic electoral support. Deregulation resulted in the gutting of civil rights protections for vulnerable students in charter and voucher schools.

Put them both on your Christmas-Chanukah-Kwanzaa shopping list. They are important wake-up calls.

I posted a delightful article by Jennifer Raab, President of Hunter College, celebrating the importance of public higher education, which has provided opportunity to so many students from low-income and immigrant families.

A faculty member of the City University of New York wrote to say that budget cuts are strangling the promise of public higher education.

He wrote:

Public education requires more than cheerleading: right now, we also need advocates who are willing to fight for it. And while Virginia may have been an impressive alumna of Hunter College, this year Governor Cuomo has held back 20% of CUNY funding based on an expectation of a dramatic state shortfall. While the shortfall has been much less than predicted, the cuts to public education have occurred anyways. 

At Hunter and other CUNY schools, those cuts have meant heavy lay-offs of adjunct faculty. Their courses have been cancelled and, as a result, students are being squeezed into over-crowded classes. A course that, a year ago, might have worked with 30 students in person, this semester will have 40 students in a Zoom room. That’s nowhere near the level of teaching and engagement that Virginia received. And that’s a real tragedy.


In a year in which our public officials have insisted they will fight for greater equity, we need leaders who will fight for the country’s largest public university to be fully funded and its students to be given the quality of education they deserve. We need leaders who don’t only celebrate CUNY’s past, but demand that its traditions of providing a first-rate education for all New Yorkers be maintained in the present and into the future. And if that requires fighting, let’s insist that they take up that battle.

Wondering how many days, hours, minutes, seconds until noon on January 20, 2021?

Wonder no more. Here is the Trump Countdown Clock.