Rotorua Daily Post

Angry Trump still has finger on nuclear button

- Alexander Gillespie Alexander Gillespie is a Professor of Law at the University of Waikato.

The ultimate entertaine­rwas always going to provide an excellent last act. Thelast episode is falling somewhereb­etween Richard III, Veep and The Bunker. The Good Wife is in the background. To helpwith the viewing, Ihave the three main plot lines for the final days of Trump: Season 1.

Theme1: Impeachmen­tand further violence Vice-presidentm­ike Pence appears unwilling to try to topple Donald Trumpvia the 25thamendm­ent, exiting the President becausehe is unfit. Although this meanstrump­will completehi­s term, Pence hasupset sometrumps­upporters becausehe played by the rules in certifying the election result for Biden. Despite the threat of the noose from a minority in hisownpart­y, thisnimble footwork meansthema­jority will have just ticked Pence as the Republican front runner for the next election.

As the 25thamendm­entwill not be invoked, this leaves Democrats only one option to poketrumpi­nthe eye one last time: impeachmen­t. The laying of this charge is an attack on the legacy of the President. It will achievenot­hing else as it has neither the timenor the numbers inthe Senate to havetrumpp­ushed from

Office inthe little time that remains.

Thiswillma­kegreat theatre, as although it will not unseat the President it will inflame his supporters. Therisk of actions of violence, of lone wolves, small cells of terrorists, or orchestrat­ed masses, should not be underestim­ated. If their leader is charged with insurrecti­on, they mayfeel impelled to delivermay­hemas these chargeswil­l fulfil their fear that they, and their leader, are being persecuted.

This is not to suggest that he, like otherswho tried to undermine the electoral process, should not be brought to account. Theyshould, but with measured words, balanced types of charges and independen­t processes. It isunknown whether such cool heads can prevail, as the provocatio­ns on onehand, and thedesire for retributio­n onthe other, build.

Theme2: Pardons

Trying to pin responsibi­lity for the riot directlyon­trumpwould bedifficul­t, as he hasmadean art of creating distance between his words and the actions of others. With the current riot — andthen linking that to an insurrecti­on— while Trump’swords were leading (and his taunts that a

“fraud” was committed, the election was“stolen” and itwasall sold through “fake news”), itwasmuch morethe words of his son Donald Jr and his lawyer, Rudolph Giuliani, that are closer to incitement. Donald Jr threatened the pro-trump supporters if they did not turn up, “we’re coming for you”. He later referred to large protests that “burn it all down” as doing it right. Giuliani called for “trial by combat” and “we are going to fight to the very end”. Michael Flynnwas another flywheel in this machine, retweeting messages calling for limited martial law and fighting for Trump.

Flynn, unlike the others, already has his incredibly wide-ranging presidenti­al pardon, for “any and all possible offences”. Donald Jr and Giuliani, andmanyoth­ertrump supporters, do not have such a “get out of jail free” card in their back pocket. Nor does thepreside­nt. This suggests that themagic sheet of pardons is probably being prepared. The Presidentm­ay even include himself. Although theconstit­ution does not say self-pardon is possible, it does not say it is impossible. All former Presidents have seen this anomaly as a red light, as to pardon oneself is to place oneself above the law: and this is the very type of absolutism that theamerica­n Republic originally fought against.

Theme3: War

Although the biggest threat America faces is from internal, not external risks, the latter still needs to be considered. This is the nightmare scenario, where the theme of the last episode goes from House ofcards to Kiefer Sutherland in 24 or Designated Survivor, or both. While an extremely unlikely outcome, (as nuclear war would be bad fortrump’s golf courses and anychance of the Trump: Season 2 cycling back infour years) it will be in the background of the final days.

This backdrop is because although Trumphas lost control of any domestic legislativ­e initiative­s, he still maintainsm­aximumauto­nomy in foreign policy.

The broad division here is between offensive anddefensi­ve types of war. Offensivew­ars require the consent of Congress. Defensive wars do not. The bottom line is that for any country with anaxe to grind againstame­rica, this would be a very, very bad time to cause trouble, as anangry

President in the last hours of his power, still has his finger onthe nuclear button.

 ?? Photo /Getty Images ?? The ultimate entertaine­r was always going to provide an excellent last act.
Photo /Getty Images The ultimate entertaine­r was always going to provide an excellent last act.

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