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Let’s pick up where we left off with that ‘BIGGIE’ in the Jackspotpourri published on April 9. Please go back and read it again. On most devices, it should appear a bit after this posting, and if not, just find it on the archives off to the right. * * *
If we have reached the point where most thinking Americans agree that Donald Trump should not complete his term in office as our elected President, positive actions are necessary. I feel that reasons for reaching this conclusion can perhaps come from diverse viewpoints.
In all fairness, let’s start with what might be the possible views of those on the right. Some of his most ardent supporters on the right, recognizing that a growing number of Americans very strongly oppose President Trump, as evidenced by the recent massive demonstrations throughout the land, feel that these protesters amount to a present danger warranting President Trump being allowed to loosen the Constitutional limits of presidential authority, claiming that he actually is defending and preserving the Constitution, permitting him to becoming what amounts to a 'benevolent' autocratic dictator instead! This would necessitate action or inaction (an action in itself) by both houses of Congress, and if contested, by the Supreme Court.
Recognizing the time-consuming delays in doing it that way, with a semblance of legality, some very few extremists may just want to turn the country into a dictatorship with one fell swoop, overnight, and as the ancient Greeks did in times of stress, accept the rule of a ‘tyrant,’ who would be Donald Trump.
Proponents of these approaches do not have enough supporters because too many Americans still claim to believe in the nation’s historic democratic principles. (Whether or not they do is another question.) Therefore, those on the right seem to be willing to make this transfer from democracy to autocracy in bits and pieces and are quite willing to leave Trump as President.
That’s dangerous because many Americans do not pay attention to his individual acts and daily behavior and are unaware of such a gradual transfer from democracy to autocracy.
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I believe that the real solution lies in the opposite direction, concluding that the preservation of democracy might be best accomplished by an ‘alliance’ of Democratic and ‘traditional’ Republican members of both Houses of Congress, together with the leadership of the investment, banking, and business communities, including the billionaires who had supported Trump, finding a way of getting him out of office before he completely destroys the nation, wrecking its financial and economic structure.
While the motives of this investment/banking/business ‘leadership’ group might be selfish ones, they also recognize, despite his promise to lower their taxes, that the President’s economic programs, especially his simplistic and ignorant faith in tariffs, damage the economy in which these leaders exist, threatening their personal wealth, the successful operation of most large corporations, and destroying the Wall Street financial marketplace in which they operate as well.
Their joining in an ‘alliance’ with Democratic and ‘traditional’ Republican members of both Houses of Congress, might look like an unhappy marriage, but together they can form a solid force sufficient to legally remove a sitting President. And that’s where this is heading.
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I believe that more Americans support such an ‘alliance’ dedicated to seeing that Donald Trump does not complete his present term of office (more about how that would be accomplished in a moment) despite his winning the 2024 election, than support his staying in office and wrecking the country, a platform he did not run on.
Action must be taken as soon as possible and be based not only on his tariff policy and its chaotic effect on the economy and upon domestic and international financial marketplaces, but also because of his disregard for individual rights guaranteed by the Constitution, his failure to execute existing laws, his illegal deportation policies, as well as his disregard and disrespect for ‘the Rule of Law.’
Remember, President Trump is a felon, convicted as such by the courts of the State of New York, and appears to be embittered toward our judicial system, as are many convicted and unrepentant criminals. That well describes the President of the United States and is a tragedy of almost operatic dimensions.
At this very moment, his lawyers are defying court orders regarding deportations in an environment where the Department of Justice, already under his thumb, is refusing or delaying carrying out the court’s orders.
The question that the Supreme Court must eventually address is whether their decision last year that ‘presidential immunity from prosecution exists for actions related to his office’ extends to the ‘high crimes and misdemeanors’ that will be part of any impeachment effort. The road to deciding that is a circuitous one, and their decision regarding ‘deportations’ will be a step along the way.
This disrespect and disregard for ‘the Rule of Law’ on the President’s part has spread to his opinions of academics, law firms, science, media, and others in our society who do not agree with him. The misinformation he spreads have misguided too many Americans. That is how he got elected.
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But getting back to the ‘alliance,’ it might take the form of an ‘Alliance Committee’ and would transcend party politics, before and after removal of the President from office, up until the 2028 elections and those of 2032 if necessary, at which point it would be automatically disbanded.
Such a Committee, the formation of which would be totally legal, would be no more a part of government than the Heritage Foundation’s ‘Project 2025’ or even Elon Musk’s self-named Department of Government Efficiency (DOGE) which is neither fish nor fowl, but certainly not an official government agency. The Alliance Committee’s recommendations would be purely advisory but passed on to Congress for action.
Three Important Groups for the ‘Alliance Committee’ to Recruit:
(1) It would be very important for a majority of the Supreme Court to be on board, agreeing not to disturb such an alliance, and what it might accomplish, for the sake of preserving the nation. This might result from an actual case coming before it or if the SCOTUS, without such a case, is asked to render an opinion on terminating a president’s term in office prematurely. They also could choose to just remain on the sidelines.
(2) To assure that removing the President from his position would not be opposed by military force, the Joint Chiefs of Staff, already supposedly purged by President Trump, will nevertheless be urged to adhere to what they learned at West Point, Annapolis, or the Air Force Academy, pledging allegiance to the Constitution over the orders of a Commander in Chief. Our military forces were never intended to take arms against the nation’s citizens. They know that. The President does not.
(3) Finally, and because they are often targets of the President and his spear-carriers, leaders of the scientific, academic, and legal professions and communities should have input into the ‘Alliance Committee’ if only to balance its obvious link to its leadership by members of Congress and of the investment, banking, and business’ world. This would give the ‘Alliance Committee’ greater credibility among the American people.
Without the support or at least the acquiescence of these groups though, the work of the ‘Alliance Committee’ would be delayed and become more difficult.
Here’s the Way the Process Might Work:
Crumbling economic conditions, food prices, inflation, job loss, financial marketplace instability and unpredictability, reduced pensions, loss of traditional allies, disappearing Constitutional freedoms, abandonment of the ‘rule of law,’ etc. will have to have become sufficiently threatening to the American people so that the HOUSE OF REPRESENTATIVES (where impeachments originate) and the SENATE (where impeachment is ‘tried’ and voted upon) WOULD EACH SUPPORT A SUCCESSFUL IMPEACHMENT REMOVING DONALD TRUMP FROM OFFICE. (See Article 2, Sec. 4 of the Constitution.)
And such an action by Congress would terminate the presidency of Donald Trump, with the backing of the nation through the ‘Alliance Committee.’ Hurrah!
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After many years of ‘winging it,’ replacing a removed president, and what happens afterwards was finally clarified by the 25th Amendment to the Constitution in 1967. CLICK HERE or copy and paste https://constitutioncenter.org/the-constitution/amendments/amendment-xxv on your browser line to read the text of the 25th Amendment.
Such a removal by impeachment, requiring ‘conviction’ by the Senate, has never occurred, although presidencies have been terminated by a President’s death or resignation, or only briefly suspended during a President undergoing surgery.
If an impeachment were confirmed by the Senate, the Vice President would succeed the impeached President and name a new Vice President who would require a majority vote in both the House and the Senate.
If a presidential disability elevates the Vice President to the position of ‘Acting President’, and that disability becomes permanent, that too would cause a vice-presidential vacancy. Without a new Vice President being appointed by the ‘Acting President,’ after 21 days both Houses of Congress can proceed to select a new Vice President, but in such cases, two-thirds majorities would be required to proceed in that manner. Once a new Vice President is named and confirmed by Congress, the ‘Acting President’ becomes President.
It is conceivable that a Vice-President, in line to succeed a successfully impeached or otherwise removed President might not want the job and having views similar to the removed President, might not want to jump from the frying pan into the fire, and themselves resign, throwing the choice of a President to Congress.
There has been a lot written on this matter, and ‘Google’ searches about the 25th Amendment, or including the names of Spiro Agnew, Richard Nixon, or Gerald Ford might be educational. Of course, reading the actual Amendment is desirable. To do that, CLICK HERE or copy and paste https://constitutioncenter.org/the-constitution/amendments/amendment-xxv on your browser line, if you have not already done so. Even oversimplified ‘AI’ summaries might be helpful.
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If the ‘Alliance Committee’ and Congressional action succeed in their efforts to cut short the term of President Trump, Congress would want to forestall the recurrence of another Presidency with the same autocratic flaws Trump presents. That would mean their insisting that the new President accept Trump’s removal from office from office as a ‘fait accompli’ as well as agree to an immediate reconstruction of the Executive Branch of our government with a significantly strengthened system of checks upon the President, including a powerful ‘whistle blower' presence in its agencies and departments. This is where the acquiescence of the Supreme Court becomes important, and this will be the most difficult part of saving the nation from Donald Trump’s becoming a dictator.
After the President is removed from office, whoever ends up as President would also have to, but only until the Executive Branch is reconstructed and operative, agree to temporarily limit his or her role as President to seeing that the laws passed by Congress are faithfully executed, as the Constitution requires, and to not initiate any actions that have not been previously discussed with the leadership of both Houses of Congress and informally agreed to by them, including cabinet and judicial appointments and budgets.
Initially, this would result in a short period during which the country would have an interim government with only a ‘figurehead’ ceremonial president, with actual control of the government's executive functions resting with our two elected Houses of Congress. Every effort should be made to make that interim period as short as possible. Nevertheless, it would be an improvement over an autocratic President because it would put the government in the hands of the voters who elect both Houses of Congress, following the tradition of representative democracy, and take it out of the reach of a ‘wannabe’ dictator, who still thinks he is running a television show.
In carrying this out, it must be continually kept in mind that before any of these actions, including changes which affect the Constitution’s Article Two (establishing the Executive Branch), take place, conditions will have to have deteriorated to the point where not only the House of Representatives and the Senate will take action by impeachment or via the 25th Amendment’s disability provisions but also, the Supreme Court, and the Joint Chiefs of Staff would have to be either openly agreeable to removing Donald Trump from office or be willing to stand by on the sidelines as that process advances through Congress as the only way of saving the United States of America from its self-destruction at his hands. That's a tall order, but a necessary one.
There must be no room for compromise, for as pointed out in the Jackspotpourri dated April 9, negotiations with Donald Trump are always losing propositions.
The informal ‘Alliance Committee’ would automatically go out of existence after the 2028 or 2032 presidential election at the latest, there being no further need for it.
While reconstructing the Executive Branch, putting a check on the President’s actions, will go a long way toward solving the problem of an autocratic President replacing our democracy, the Executive Branch must still retain sufficient independence to balance any anti-democratic excesses originating in Congress. The presidential ‘veto’ process and the rules for overriding it would be an example of this.
Once a rebuilt Executive Branch is functioning, if necessary, changes in its structure can be documented as an Amendment to the Constitution and submitted to Congress and the States. But Amendments usually take years to be passed and to take effect.
It would be important that no one be prosecuted during this period for their actions leading up to the removal of the President, or afterwards, and that the legal protections of the First, Fourth, Fifth, and Sixth Amendment rights be specifically preserved.
No one would be totally pleased with such a solution, but it would be better than letting the world’s oldest democracy go down the drain, as might be the unspoken intention of Donald Trump, or the result of his blind stupidity or incompetence, or the aims of some of those he appointed to key positions.
When the ‘inconceivable’ (the election of a truly unfit President whose actions can result in the nation’s demise) occurs, such a solution can be both ‘possible’ and ‘necessary.’ It appears to be the latter.
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And that is what I have to say, crossing boundaries that most politicians and pundits have up to now cautiously observed. Because these ideas may be incomplete and subject to criticism and revision, it is up to Democrats and ‘traditional’ Republicans elected to Congress, and the leadership of the of the investment, banking, and business communities, joined together on that ‘Alliance Committee,’ and ultimately the American people through their elected legislators to step up right now to get the job done. It will not be easy and it will open a Pandora’s box. But I can do no more.
Perhaps you can.
JL
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Housekeeping on Jackspotpourri
Your comments on this ‘blog’ would be appreciated. My Email address is jacklippman18@gmail.com.
Sources of Information on Jackspotpourri: The sources of information used by Jackspotpourri include a delivered daily ‘paper’ newspaper (currently the Palm Beach Post, a Gannett publication) and what appears in my daily email. Be aware that when I open that email, I take these steps.
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Besides email, my other source of information is the Google search engine where I can look up any subject I want. Lately, these search results have been headed by a very generalized summary clearly labeled as being developed by AI (Artificial Intelligence). I do not use such summaries in preparing Jackspotpourri because I am in the dark about the techniques used and possible sources AI has mined to develop them. Sources with their origin clearly identified to me still follow, and these are what I use in composing Jackspotpourri postings. (In doing searches on Google, I have found that these AI summaries can sometimes … but not always … be avoided by saying so in your search. For example, instead of searching for ‘FDR’s New Deal,’ I might search for ‘FDR’s New Deal – No AI.’ This is a work in progress.)
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JL
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