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Congress was attacked and Congress must act

Jamelle Bouie writes:

The most shocking thing about Wednesday’s assault on the Capitol is that it happened. A mob of Trump supporters, some of them armed, stormed and vandalized both chambers of Congress, sending duly-elected lawmakers into hiding and interrupting the peaceful transition of power from one administration to the next.

That this was whipped up by the president — “We’re going to walk down to the Capitol and we’re going to cheer on our brave senators and congressmen and women and we’re probably not going to be cheering so much for some of them” — makes it an actual attack on the separation of powers: an attempt, by the executive, to subvert the legislature by force and undermine the foundation of constitutional government.

Nearly as shocking as the attack itself has been the response from Congress. On Wednesday night, its members resumed their count of the electoral vote and certified Joe Biden as the next president of the United States. So far so good. But then they adjourned into recess. It was Thursday afternoon before the Democratic leadership — Speaker Nancy Pelosi and the soon-to-be Senate Majority leader, Chuck Schumer — called for the president’s removal. And even then, they urged the vice president, Mike Pence, to use the 25th Amendment to do it, with impeachment as a backstop.

This is backward. A physical attack on Congress by violent Trump supporters egged on by the president demands a direct response from Congress itself. Impeachment and conviction is that response. To rely on the executive branch to get Trump out of the White House is to abdicate the legislature’s constitutional responsibility to check presidential lawbreaking.

There’s also the question of those members of Congress, like Senators Ted Cruz of Texas and Josh Hawley of Missouri, who helped bring the president’s mob into fruition by backing the effort to contest and overturn the electoral vote, an effort they carried on even after the Capitol was breached and terrorized Wednesday. Even if it’s just a motion to censure, Congress needs to act.

The alternative — to go slow, or worse, to take no action at all — will only create a sense of impunity. And American history offers ample evidence of how impunity in the face of mob violence can lead to something much worse than the chaos and mayhem on Wednesday. As it is, five people have died as a direct result of the mob attack on the Capitol.

On Sept. 14, 1874, more than 3,500 members of the White League — a paramilitary force of ex-Confederates and Democratic partisans — seized control of the Louisiana state house in New Orleans, as well as the city hall and the arsenal. They aimed to depose Gov. William Pitt Kellogg, a Republican, and install his Democratic opponent from the previous election in 1872.

It almost worked. White Leaguers overwhelmed an opposing force of Black state militia (led by James Longstreet, a Confederate general turned staunch supporter of the state’s Reconstruction government), took control of the city and even held an inauguration for the man, John McEnery, who would lead a “redeemed” Louisiana. Within days, however, news of the coup reached Washington, where an enraged President Ulysses S. Grant ordered troops to New Orleans. Rather than fight a pitched battle for control of the city, the White League surrendered, allowing Kellogg to return as governor shortly thereafter.

There was no punishment for the men who planned this attempted coup. So there was no reason not to try again. After the 1876 election, the White League seized New Orleans for a second time, ensuring victory for Francis T. Nicholls, the Democratic candidate for governor, and effectively ending Reconstruction in the state.

Just as important, the White League became a model for others in the South who sought an end to “Negro rule” in their states. [Continue reading…]

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