From Robert Kuttner, The American Prospect <[email protected]>
Subject Kuttner on TAP: Silver Linings
Date January 11, 2021 8:05 PM
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**JANUARY 11, 2021**

Kuttner on TAP

Silver Linings

****

After the insurrection at the Capitol, one is hesitant to look for
silver linings. But Trump's instigation of mob rule did produce
important secondary benefits, beyond the final disgrace of Trump
personally, the splitting of the Republican Party, and the spine of
Nancy Pelosi (which are no small achievements).

One is that the FBI and other domestic intelligence agencies will face
little resistance from chagrined Republicans as they go after domestic
terrorists-who nearly kidnapped or killed Republican legislators as
well as Democrats.

The plans and names of these groups and people are hidden in plain view,
all over social media. Under Trump, law enforcement stood down and gave
them a free pass. The siege of the Capitol was only the most extreme
example, but it was prefigured by violent events of murderous intent
from Charlottesville to Lansing.

A civil libertarian must be wary of unleashing police agencies. The USA
Patriot Act of 2001 gave law enforcement more domestic surveillance
powers than they needed.

But there is a time for those powers to be used in defense of the
Republic. The attack of 1/6 was in a class with the attacks of 9/11.

These groups do not represent dissent. They are a clear and present
danger. They need to be shut down and their militants prosecuted,
convicted, and put away.

A second silver lining is that now there will be no Republican fishing
expeditions about Ukraine, no challenges by House or Senate committees
to the legitimacy of the Biden presidency.

It's too easy to forget that Republicans in Congress, had Hillary
Clinton been elected president, were prepared to make her life
investigative hell even before her presidency began. As recently as a
week ago, had they held the Senate, Republicans had similar plans for
Joe Biden.

Now, courtesy of Trump, all they can do is try to hide their shame and
help President Biden repair the extensive damage to this Republic.

A third silver lining is that Congress or even the Supreme Court could
act to limit the president's pardon power, where corrupt intent is
shown. It's hard to imagine this court upholding Trump's power to
pardon himself.

None of this is adequate consolation for the immense damage wrought by
Trump and his Republican enablers, but we will take silver linings where
we find them.

~ ROBERT KUTTNER

Follow Robert Kuttner on Twitter

Robert Kuttner's latest book is
The Stakes: 2020 and the Survival of American Democracy
.

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