Insurrection Be Damned: Congress’s Session Resumed

Let me say up front I’m mentally and emotionally fried. Watching idiotic Trumpist traitors trashing the Capitol Building while depriving a majority of the country of their elected representatives’ honest services just plain sucks.

It’s theft conducted under our noses. Not of an election, because the election is done and the results are known, having been certified by all 50 states and a lack of evidence of voter fraud produced in at least 59 lawsuits contesting the election.

No, the theft was of our time and energy today, our faith in government, and the effort of our elected officials who we are paying to perform specific tasks today as outlined in the Constitution. These poorly-educated, overgrown, mouth-breathing brats stole from us because they are unable to get their way, because they’ve been unwilling to organize and persuade other Americans to join their cause and elect their candidate.

But after their pointless tantrum incited by their equally idiotic leader, they’ve fled the Capitol Building. It’s been swept by the FBI and Congress has resumed their work under Article II, Section 1:

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. 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. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Senate has now voted to certify the election results for a number of states. Of the original 13 senators who planned to vote against certification, only six refused to certify the election conducted in Arizona.

They are Senators Cruz (R-TX), Hawley (R-MO), Hyde-Smith (R-MS), Kennedy (R-LA), Marshall (R-KS), and Tuberville (R-AL). Many on Twitter are calling them the “Seditious Six.” There may be more joining their ranks as the Senate continues to debate and certify more state election results.

The House is still in debate; there are some doozies offered up from the likes of Matt Gaetz who in his floor speech claimed Antifa had stormed the Capitol Building today.

I do hope Gaetz calls the family of the Trump supporter who was shot and killed today at the Capitol to explain his conspiracy theory. Maybe he can justify her death.

~ ~ ~

Rumors continue that administration officials are looking into invoking the 25th Amendment to remove Trump due to his inability to do his job. Trump had refused earlier to call up federal resourced to push back the mob and protect Congress; Pence eventually ordered the National Guard to deploy. This may have convinced the unnamed officials more action should be taken but as of an 11:14 p.m. report in The Hill, VP Pence had yet to be approached about the 25th.

The National Association of Manufacturers had already sent a letter encouraging Pence to use the 25th Amendment. The House Judiciary Committee Democrats sent a letter to Pence asking him to pursue the 25th Amendment. It’s doubtful this is enough pressure to persuade Pence and a necessary critical mass of cabinet secretaries or acting heads of cabinet level functions to take action.

Two governors have called for Trump’s removal, and both Twitter and Facebook have placed Trump’s social media accounts on short-term suspension due to his tweeting inciting content violating terms of service. Facebook-owned Instagram, Google’s YouTube, and Snapchat have also removed some of Trump’s inciting content and/or placed his account in suspension.

And of course there are calls for impeachment, many from the Democratic Congressional Caucus. Speaker Pelosi probably won’t budge until she believes a clear majority in the Senate would vote to convict and remove Trump if Pelosi were able to rally the House to impeach.

~  ~  ~

So the House slogs on into the night toward certification of the election. It’s not clear what time exactly the vote will take place, only that Pelosi is committed to working through the night to make it happen.

We’ll continue to feel frustrated like former Obama administration official Ben Rhodes, who said, “If you don’t impeach and remove a President for staging a coup, what’s the point of impeachment.”

We’ll continue to be annoyed by the minimization of Trump’s sedition by moderate Democrats like Sen. Carper:

But we aren’t going to give up. We are a majority who believe in this democracy, many of us in spite of how badly it has treated us and our forebears under white supremacy.

We’re going to remember while we wait that as angry as this situation makes us — watching white supremacists trash the Capitol while noting how little action law enforcement has taken against them — there are Americans who are completely invested in keeping our democracy for us.

From the Black Americans of the Capitol janitorial staff who cleaned up after the seditionist mob left the building:

To the journalists who continued to work in lockdown and in some cases arrested by Capitol Police while they were trying to report on the story unfolding, while allowing those who participated in rebellion and insurrection today to leave Capitol grounds:

And those Congressional staffers who kept it all together:

Especially the cool-headed Senate staffer who remember to grab the ballots from the Senate floor before the mob entered, preventing them from being burned.

Fingers crossed here that the republic still stands in the morning.

~ ~ ~

Oh, one more thing: newly-elected representative Derrick Evans should be expelled from the House:

See 14th Amendment of the Constitution, Section 3:

Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Kick his ass out the door. He doesn’t believe in the Constitution and already failed the oath of office.

~ ~ ~

UPDATE — 1:25 AM ET —

Okay, I lied…I’m still up and glued to my desktop, watching the House.

Please let this be it, the end in sight.

55 replies
  1. Molly Pitcher says:

    I hope we awake to an intact government, McConnell has released the Senators to go home tomorrow until Jan 19. That puts the burden of containing the President on the shoulders of the feckless Vice President.

    I think I will say my prayers tonight. 13 days is a long time.

  2. Eureka says:

    Seditious Seven now (seven voted against rejecting PA’s electoral votes). I don’t have the list [edit: see below], am listening to House now.

    Rayne, I admire that you wrote such a nice new post (Rayne’s got a new late-nite jawn up again!). I have only two unfried synapses left myself.

    Theft of our time, energy, souls indeed.


    Kyle Griffin
    “The Pennsylvania vote failed in the Senate 7-92.

    The 7 Republican ‘yes’ votes:
    Hyde Smith
    Scott (Fl)

      • Eureka says:

        Cheers, right? When will we have a safe — safer — day…

        ETA: OMG harpie, we would have been the EXACT SAME TIME if I wasn’t slowed (this same-time thing is a thing today…I choose to take it as a sign of good fortune because why not; consiliency of the good)

      • Sharksbreath says:

        It’s not Trump. It’s the Conservative movement.

        They aren’t going anywhere. The terrorism is just starting.

        “In general, that will give Republicans confidence that Biden is not simply replacing a hyper-partisan Barr with someone as partisan as Barr was, even while ensuring that the people who do much of the work will be solid liberals.”

        Some people watched this today and are still living in fantasy land on our side.

        Better go to redstate and find out what your up against.

  3. Fran of the North says:

    Rayne et al, thanks for all you do here, an eddy of calm in the maelstrom.

    No evidence on Derrick Evans FB page of him joining the seditionists, but some really offensive photo-shopped images. One that makes Biden into Mao, and another that gives Michelle Obama a 3 day old beard. Those in and of themselves should disqualify him from participating in the body politic.

    In another setting: would he be hired for a DoD position that required security clearance? Doubtful.

    • P J Evans says:

      He deleted the video that Rayne mentions, but people were capturing all that they could.
      (Also, he’s in the WV legislature, not Congress.)

  4. Eureka says:

    Jeff Van Drew (formerly D-NJ, of late R-NJ) blathering now: Pelosi called him out on mask rule due to slippage.

    Oh, he just ended. Mary Gay Scanlon (PA) up now.

    Adding: Conor Lamb (PA) was on fire earlier. I also await the day when we have time to digest each of these congresspersons’ words… for good or bad…

  5. Raven Eye says:

    I’m not sure how the U.S. Congress can toss Derrick Evans out of the West Virginia House of Delegates. However, are there provisions for West Virginia to take action? I do seem to recall that some state constitutions have requirements for their oath takers to support the U.S. Constitution.

    • Molly Pitcher says:

      He called for putting Pence before a firing squad. He is lucky the FBI aren’t knocking on his door.

      I don’t know if you saw my post on the ‘sedition’ page, but Lin Wood and Sidney Powell have been referred to a judge for disbarment by the City of Detroit.

  6. posaune says:

    Really appreciate all you good people on the night shift!
    Too anxious to go to bed. As a Capitol Hill resident, spent the day inside,
    looking out on the street at the maggots, big trucks and bullet proof vests and their CSA flags. Partying in the street tonight after curfew, long after curfew. No masks of course. Pretty aggressive bunch, I’d say. At least they got a bunch of parking tickets! I read in the NYT that Bowser has extended the DC state of emergency through 1/21. I wonder if that means curfew every night? I think I would welcome that.

    • Eureka says:

      Ashley Parker transcribed some of this:

      ““If that was Black Lives Matter, they’d have tanks rolling down Pennsylvania Avenue! But they let these fucking crackers take over the Goddamn Capitol!””
      11:56 PM · Jan 6, 2021

      Older white guy yelling at insurgents like the good version/inversion of GET OFF MY LAWN! Gal in traffic chats back with him.

      326am, we have MOVED ON from Pennsylvania, now onto Rhode Island and … WI to see it they keep everyone up for more hokum…

      • Eureka says:

        336am: We’re on WI now (already forgot how many Reps Gohmert cited — 91? 71? he continues…)

        Senator who supported it has now withdrawn his objection.

        Oh boy Gohmert fudging some… he’s probably tired from his busy day of couping, too.

        Finally says No, it is not signed

        Pence: Objection cannot be entertained

        So this should be over soon enough.

        340am Pence wrapping up with the count now … 306 to 232…

        341am: Chaplain’s closing prayer. [Don’t know if edit window will stay open thru gavel-out, but we are done for all intents and purposes.]

    • Eureka says:

      Def click the original video in the quoted tweet rather than the linked one, didn’t realize Burke had cut off the ending where the woman finishes speaking and tearing up.

  7. Chris.EL says:

    Hearing Rayne’s been through quite a day! Completely agree — it’s 11:30 pm here in California, think I’ve been up since about 6 am!

    Marcy’s Twitter notes seem to postulate 25th Amendment has been enacted!
    In this photo of Trump from Axios article — I can’t decide if he’s doing a lucky cat or Dr. Strangelove (trying to keep his arm under control)!

    • skua says:

      If Pence has become President then he is no longer VP and therefore under the Constitution cannot serve as President of the Senate.
      However Pence has been the President of the Senate during these proceedings.
      Therefore Pence (at least till he finished in that role and assuming my understanding of the Constitution is accurate) remained VP.

        • earlofhuntingdon says:

          That’s right. The 25th deals primarily with temporary incapacity to be president. The drafters had in mind Wilson’s strokes, Eisenhower’s heart attacks, and recovery from surgery or unsuccessful assassination.

          Under it, the VP acts as president for the duration of that incapacity. He retains his role as VP. Only if the president were unable to return to his duties, owing to, say, resignation or death, would the VP become president and give up his role as VP.

  8. vvv says:

    2:41 CST, Biden and Harris acknowledged as President and Vice-President, 306-232.

    The prayer notably acknowledges the riot.

    • BobCon says:

      The Parliamentarian is pretty much the high priestess of the Senate, and she and her office are the guardians of the Senate’s institutional knowledge. They are widely viewed by both sides as above partisanship and beyond corruption. Even McConnell is wary of challenging their judgment.

      This violation is probably one of the most disturbing to the GOP senators outside the six, and may have been one of the reasons why Romney looked like he was shooting laser beams from his eyes inti the back of Hawley’s skull.

  9. Stacey says:

    Is that Paul Blart, Mall Cop, in that video clip of the capital janitorial staff cleaning up after today? The mask-less pudgy rent-a-cop that I’m pretty sure no one would feel particularly safe if left in his detail during a disturbance. That could explain some things today!

  10. Duke says:

    State Legislators need to be demanding protections be put in place.

    Testing defenses at the heart and next up is attacking the extremities.

    Has the battle even begun yet?
    I am not convinced.

  11. Epicurus says:

    Watched a couple riots (not recently) up close. They fall in one of two categories. One, they represent the true feelings and beliefs of a much larger segment of the population and consequently move onto larger effect because of the legitimacy they represent for the aggrieved. Or two, even though full of sound and fury they peter out because they don’t represent a larger segment and have little or no lasting effect. This one was pure Shakespearean/Trumpian – full of sound and fury signifying nothing. It wasn’t funny but indeed it was funny because it was simply a posturing media event, Trump’s last rally. Trump just wanted to prove his manipulation powers and feel the love. Trump wasn’t going down to join in though. Love has its limits. The protestors were taking selfies and souvenirs, not setting up barricades. The battle is to be waged on twitter and facebook, not the streets. Can you hear the people sing, singing a song of angry men as Les Miserables asked? Naw, it’s the squeak of the losers that plotted to kidnap Governor Whitmer, little rat noises in dark underground rooms. If you listened closely you heard the little rat noises from Hawley, Jordan, Gaetz et al.

    It was Trump’s last gasp. Everyone of consequence has turned on him now, sort of like watching the supporters of Frank Langella’s great character in the movie Dave leave the room as Dave announces Langella’s character’s crimes. Those that may need to will uphold the Constitution against Trump. They are too exposed not to. It’s over.

    • SVFranklinS says:

      Not a last gasp from everyone when 2 very real bombs were found on the Capitol grounds.
      Not representative of the majority of “insurrectionists”, who just seemed to be thrilled to take selfies and get away with it, but for some the “storm” stuff is deadly serious, and the clowns give them cover.

  12. Earthworm says:

    It may be seen as Trump’s last gasp, but it is not for those whose lower level functions he has excited so deliberately.
    The Capitol may be seen as practice for states’ capitols.
    Yes, ugh, 13 more days, and then — going forward, no clear cessation either.

    I add my hopes to those who declare in these comments that the Seditious Seven and Trump family members will become “radioactive.” That hasn’t been the experience in American politics however. We lack effective means to put stakes through the hearts of political vampires. Let’s keep pressure on legislative office holders to make enforceable changes.

  13. BobCon says:

    As always, the no-impeach side wants to jump to the conclusion as a rationalization for inaction, but there are concrete reasons why the House should start.

    In addition to the one Rhodes mentions of maintaining the integrity of the process, the House can issue subpoenas and order testimony immediately, setting up grounds for charges if documents are deleted or lies are told.

    Of course many demands will be dodged or fought in court, but laying down a marker now is still better than the impulse of the no-impeach side, which is to push off action until summer or fall or never. At a minimum, they will be giving Biden’s crew the grounds for a document dump right off the bat if Nadler issues a followup request to find out whether the Trump side complied. Rather than Biden needing to respond to claims he is leading the investigation, he can let Nadler provide some cover.

  14. OldTulsaDude says:

    I try to remind myself that there are over 300 million Americans, and the number that attacked the capitol was a tiny percentage of that number.

    • Ginevra diBenci says:

      Unfortunately, OldTulsaDude, that mob was only constituted of those with the means (money and time) to convene in DC in the middle of a work week, minus anyone averse to milling around outside in January without access to bathrooms. They already represented a worrisome percentage of the population, and they are now being hailed online as heroes, the vanguard of a “new civil war.” I have seen way too many expressions of similar impulses to rest easy, at least not for a long time.

  15. e.a.f. says:

    thank you for your work, Rayne. Hope you got a decent night’s sleep. I watched it until about 1:30 a.m. Vancouver Island, B.C., Canada time and then turned off the t.v. watched it in bites and pieces after the first rampage. It was of little surprise it happened, but still it was a shock. Shocked because there were no police trying to stop it. I’ve watched riots, protests, etc. since the 1950s. Never saw a lack of response the way I did on this act of terrorism. The first thing which went through my mind was these people are white, that’s why the cops aren’t around to do anything. they think this is o.k. I can remember the shootings of students at Kent State and now its O.K. to threaten the democracy of the U.S.A. in their parliamentary buildings. I’ve watched tanks greet peaceful protestors (usually people of colour).

    What was really good to watch was that the work continued. The thugs/terrorists did not derail the democracy of the U.S.A. On the other hand, when I turned on the t.v. this morning, or my version of it, there were “protestors/terrorists” breaking into Washington State’s Gov. mansion.

    In my opinion this isn’t over and these terrorists are emboldened because they are being permitting others to continue. 68 arrests, is all I’ve seen on the news. Hell Vancouver Police Dept. had more arrested after our last hockey riot a few years ago.

    I wonder how this happened, but I know how this happened. It happened in the 1930s in Germany. Nothing here is new, just the names.

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