SCROOL
Georgetown
Law Professor Randy Barnett had a tweet on December 5, 2017, that I’ve
been meaning to write about.
It reflects a subject I, and others, have been focusing on since
election night — the refusal of Democrats and #NeverTrump Republicans
to accept the outcome of the election not just emotionally, but as to
the transfer of power that continues to this day, over a year since the
2016 election.
Here is Prof. Barnett’s tweet, referencing the attempt by outgoing CFPB
Director Richard Cordray preemptively to install Leandra English as
Interim Director over the objections of the Trump administration.
The tweet references a separate tweet from law professor Josh Blackman
about attempts of the CFPB bureaucracy to subvert the authority of Mick
Mulvaney, the Interim Director appointed by Trump:
Democrats’
#Resistance is creating a genuine constitutional crisis in which
governmental power is not allowed by them to be peacefully transferred
after a lawful election. The potential for escalation is very very
dangerous.
I think this is right.
The peaceful transition of power is fundamental to our constitutional
system. The attempt, which still in the courts, to prevent the Trump
administration from appointing an Interim Director of the CFPB is not
even the most stark such example.
In a post on December 12, 2016, about the attempt to undermine the
Electoral College, I wrote The one thing you must understand about the unfolding media-Democrat Electoral Collegecoup attempt:
We
are witnessing nothing short of an attempt to steal the election by
some Democrats and a very supportive mainstream and leftwing media, by
causing Electors in the Electoral College to go rogue and vote for
Hillary, or at least not vote for Trump….
These are not, with few exceptions, people who actually believe that
something has changed so dramatically since the election that the
Electors need to intervene. Rather, this is a pure power play to
undermine the electoral system by people who never thought Trump was
fit for office for reasons unrelated to Russia, who now are using the
Russian “hack” as an excuse.
Do you really think that Nancy Pelosi’s daughter, an Elector demanding
a CIA briefing to vet the accusations against Trump, actually and
honestly believes anything other than that she never wanted Trump to be
president?
It’s one thing to say that allegations of foreign tampering should be
thoroughly investigated. They should. But it’s quite a different thing
to use that alleged tampering to overturn elections.
And so it continues, with
"the apparent set-up of the incoming
administration on a phony Logan Act violation,
the Mueller investigation
that
obviously has strayed far from alleged Russian interference in the
election to post-election political strategy of the incoming Trump
administration,
the unprecedented delay
in
confirming nominees that Dems didn’t even object to for the sake of
depriving Trump of the ability to control the bureaucracy,
the rogue elements in the
intelligence community and FBI leaking information (assuming news
reports are not completely lying about their sourcing),
and so on and so on. [See
Full]
