We have wasted 9 months – failing to investigate the coup planned by Trump and his traitorous associates.  

The trail grows cold and there has been no reckoning for this historic misconduct.

We have failed to investigate or prosecute anyone except the rioters.

We have thus failed to ask the most basic questions.

There were two alternative courses of action that Trump endorsed. 

Fortunately, both failed.

First was the corrupt and unconstitutional scheme to have Vice President Pence overturn the election by ignoring the 12th amendment to the US Constitution and declaring legitimate electors invalid, and asking the several states to reconsider if there was fraud in the election – so Trump could stall the Hill count for 10 days.  

No matter that no fraud had been proven or found – not in any court, recount, or audit.

Second, the fall back initiative, Plan B, was rioters streaming from the ellipse, charging the Capitol, storming the ramparts, breaching the building, trying to take over our government by force.

Trump and his cronies didn’t know for sure until January 6 at 1pm which course they would have to follow.

It was 1 pm when VP Pence was prepared to gavel the congress into a joint session to count the electors.  

He also posted a letter at that time on twitter stating he would count the electoral college votes as they had been cast, that is, simple math.

Pence refused to make Trump President by violating the pro forma ritual of simply counting the electors. 

Trump and his minions therefore went forward with Plan B, force, no matter the danger to VP Pence, targeted for a hanging, or Speaker Pelosi, the focus of a kidnapping plot.

On January 6, Roger Stone was standing with the Oath Keepers on the street in the front of the Willard Hotel, taking selfies, and giving interviews, but a fair question is, was he really directing “the play” for the Capitol that fateful day.  

The Willard was Trump’s “command center” to deny Biden the presidency.  Stephen Bannon participated in the planning.  So did Rudy Giuliani, and another conservative counsel, John Eastman.  The participants billed the Trump campaign $55,000 for rooms, and $66.000 for travel expenses.  

On January 2nd, the Trump insiders called 300 state legislators to a conference call trying to organize the several states to challenge the count.  

Several states pressured Pence afterwards – but to no avail.  

Journalists at the Post got the story about the command  center in recent days.

For nine months, no elected official did as well, no one on the Hill got that info, no one in the Department of Justice, and no one asked Messrs. Stone, Giuliani, Eastman, Bannon or any of the Oath Keepers what they did. 

No one spoke with Steve Bannon who confessed his intent was “kill[ing] the Biden Presidency in its crib.”

Pence may be the most humiliated vice president in American history, forced to serve like a lap dog, scarfing up political crumbs in the Oval Office, to give the impression that he enjoyed some political relevance.

Former DOJ counsel John Yoo, an infamous conservative legal scholar, best known for giving support to torture, drew the line, in his legal opinion, at having Pence violate his constitutional duty to confirm Biden as the president elect.  

Mr. Yoo reportedly said, “Pence had a choice between his constitutional duty and his political future, and he did the right thing.”

Some thought Pence had courage for doing the only thing constitutionally permissible.  

When little is the most that may be expected of a person, courage is hardly an apt diagnosis of that person’s character.

What’s really shocking is that no one in the department of justice investigated who did what in the insurrection, no one beyond the rioters, not in the West Wing, not in our intelligence establishment, not the members on the Hill, not any time in the nine months they had to investigate this historic crisis.  

The “Just Us” Department’s curiosity has been anorexic.

There is the hope that a subpoena from the Select Committee will turn the trick.  

It’s a tool, however, that can be slow in the extreme, and, at its most effective, we may only get a report that is heavily redacted.

The law suggests a congressional subpoena does not have the legal force of a subpoena issued in a federal grand jury investigation.

This raises the question, why are we using such cumbersome and ineffective tools when a prosecutor with a sitting grand jury could more effectively get at the truth.

The House has subpoenaed key players, and more are being called.  White House Chief of Staff Mark Meadows, Steve Bannon, Dan Scavino, a former Trump White House Chief of Staff, Kashyap Patel, chief of staff to the acting defense secretary Christopher Miller.

Of course, if the subpoenas are stone-walled, the Hill investigation may resume the snail’s pace of past efforts when Trump occupied the West Wing and straight armed the Hill.

Trump and the usual suspects endorsed a plan with alternative scenarios, to steal the win, after Trump was beaten like a drum in the election.

Giuliani advised Trump the night of the election, “Just say we won.”

John Eastman, a federalist devotee, authored the highly questionable plan to win what Trump lost – egged on by the most suspect lawyer in America, the erstwhile 9-11 “hero,” Rudy Giuliani.

Eastman stretched the 12th amendment to the breaking point, wrongly saying that the vice president could decide which electors from the electoral college were properly certified.

The 12th amendment says nothing of the sort; it says: “The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.”

I have read the Eastman memo, originally headed, “privileged and confidential.”

The first scenario Eastman considers is that , if VP Pence receives no objections to the electoral count, Eastman projects the outcome – BIDEN WINS 306-232.

Eastman should have stopped there.

It was the only constitutional outcome.

But Eastman didn’t.

There were 4 more scenarios by which Trump could finagle and distort the process to win.

At the rally to riot on January 6, Eastman was introduced by Giuliani.  

Eastman wore a tan coat and wide brimmed hat and a clashing shirt, and told the rioters, 

“All we are demanding of Vice President Pence is this afternoon at 1 o’clock, he let the legislatures of the states look into this so we get to the bottom of it and the American people know whether we have control of the direction of our government or not.”

Despite the fact that it’s compromised in its effectiveness, we must support the Select Committee’s investigation on the Hill and in the Courts.

Otherwise, we really have to use the strongest tools to get at these traitors.

We must demand that someone wake up Attorney General Garland and demand that he appoint a prosecutor to investigate and charge those who have so far enjoyed immunity, in effect, for trying to take over our government by force and deceit.

Previous articleWallace Allen Weeks
Next articleLetter from The Plains