I was watching the House of Representatives’ debate over the certification of Arizona’s electoral votes on CSPAN this morning when the proceedings suddenly ground to a halt. Rep. Paul Gosar (R-AZ) was speaking as the chamber began to fill with frantic noise. Gosar asked the presiding officer, Rep. Jim McGovern (D-MA) for order, and, as McGovern tried to gavel the House to order so debate could resume, a sequence of men in suits began to stream out the door. The tumult in the chamber continued, and, after a pause, McGovern declared that the House would go into recess, without an explanation for why the proceedings were so suddenly interrupted. As we would soon learn, the reason for this disruption was that a violent mob of President Trump’s supporters had gathered outside the Capitol building, breaching the (usually secure) area on the Capitol’s steps. The Capitol was soon placed on lockdown and lawmakers were asked to shelter in place. In the following hours, the protesters would enter the chambers of both houses, lawmakers would be evacuated to undisclosed locations, and a woman would be shot and killed. Americans’ faith in our country would be violently shaken. The siege of the Capitol building was a seditious attempt to overthrow the duly-elected government of the United States. No matter how many American flags they paraded around, those who were part of this mob were not patriots — they were traitors. They sought to violently cast aside one of the most basic principles of American democracy: the idea that the American people ought to have the final say in choosing our leaders.
But the principle of popular sovereignty was also cast aside, just as brazenly as it was by the mob outside, by many within the chamber. Let us not allow the antics of the lawless thugs outside the House chamber distract us from those of the elected miscreants within.
The inevitably unsuccessful attempt by many Republican lawmakers to overturn the results of last year’s election by fiat was just as bad as the mob’s attempt to wreak havoc on the process of congressional certification. Our legislators have sworn an oath to uphold and protect the Constitution and, in many cases, have served this nation in Congress for many years. They occupy positions of great influence in American politics, supposed examples of institutional decorum. The dearth of codified rules in American government means that the norms that govern our politics are especially vulnerable to being undermined by feckless and brazen power-grabs. Not only are our institutions defenseless against actions that are prohibited only by norm, but such violations create a precedent that undermines the authority of these norms going forward.
Perhaps the most recent example of the long-term deleterious impact of reckless power-grabs such as the one perpetrated by many congressional Republicans, and supported by this mob, is one that will not be flattering to many liberal readers. The last time that there was a debate over a challenge to a state’s slate of electors was in 2005, when California Sen. Barbara Boxer (D) endorsed a bid to strike down Ohio’s electors over questionable allegations of election irregularities propagated by many Democrats seeking to overturn President Bush II’s re-election the year prior. (1) The legal provision empowering Boxer to make such a challenge was never intended to allow lawmakers to scrutinize states’ election processes; rather, it just required them to certify that the certificates of ascertainment provided to Congress were “regular in form and authentic.” The prevailing interpretation of the law has always been that lawmakers can only object on the grounds that a certificate was inauthentic (i.e. forged) or to adjudicate in cases where a state has submitted equally-legitimate competing slates of electors. With the process governed by decorum rather than strict rules, Vice President Dick Cheney was powerless to overrule Sen. Boxer’s disingenuous interpretation that Congress was in a position to overturn the election results, and her objection led to a debate in both chambers, just as the objection lodged by Sen. Ted Cruz (R-TX) did today, shortly before the security breach. Although her quixotic initiative failed, Sen. Boxer’s challenge to the Ohioan electors exposed a loophole by which Congress could vote to overturn the will of the people, setting a precedent for future attempts to undermine the democratic process. Today, our country is reaping what she sowed; this attempt, which has garnered an unprecedented degree of support from the Republican caucus, affirms that disastrous precedent.
Although the more violent traitors were the ones who stormed the capitol building, the traitors within, owing to their positions of authority, are more dangerous. They will set a precedent very similar to the one Sen. Boxer set fifteen years ago. It is a shameless power-grab that those of us who believe in upholding the norms and laws of our republic will not soon forget.
After the electoral college voted to uphold President-elect Biden’s victory, Senate Majority Leader Mitch McConnell (R-KY) urged Republican senators not to lodge objections lest there be a necessity for a recorded vote. McConnell desired to avoid a recorded vote because he did not want to force senators and representatives who supported the attempt to overthrow the Biden administration to say so on the record, an action that could potentially scar their reputations for the remainder of their careers. However, McConnell failed to prevent senators from lodging groundless objections, and there will be a recorded vote on whether to sustain them. I, for one, am glad that this occurred. The American people deserve to know which of our representatives are traitors. Below is a full list of the lawmakers who have supported this un-American coup. Remember their names and never forgive them.
Sen. Tommy Tuberville — Alabama
Rep. Mo Brooks — Alabama
Rep. Jerry Carl — Alabama
Rep. Mike Rogers — Alabama
Rep. Barry Moore — Alabama
Rep. Robert Aderholt — Alabama
Rep. Andy Biggs — Arizona
Rep. Paul Gosar — Arizona
Rep. David Schweikert -- Arizona
Rep. Debbie Lesko -- Arizona
Rep. Rick Crawford -- Arkansas
Rep. Mike Garcia — California
Rep. Kevin McCarthy — California
Rep. Ken Calvert — California
Rep. Darrell Issa — California
Rep. Doug LaMalfa — California
Rep. Devin Nunes — California
Rep. Jay Obernolte — California
Rep. Lauren Boebert — Colorado
Rep. Doug Lamborn — Colorado
Rep. Matt Gaetz — Florida
Rep. Kat Cammack — Florida
Rep. Mario Diaz-Balart — Florida
Rep. Byron Donalds — Florida
Rep. Neal Dunn — Florida
Rep. John Rutherford — Florida
Rep. Carlos Gimenez — Florida
Rep. Bill Posey — Florida
Rep. Brian Mast — Florida
Rep. Scott Franklin — Florida
Rep. Greg Steube — Florida
Rep. Daniel Webster — Florida
Sen. Kelly Loeffler — Georgia
Rep. Marjorie Taylor Greene — Georgia
Rep. Jody Hice — Georgia
Rep. Andrew Clyde — Georgia
Rep. Rick Allen — Georgia
Rep. Barry Loudermilk — Georgia
Rep. Earl Carter — Georgia
Rep. Russ Fulcher — Idaho
Rep. Mike Bost -- Illinois
Rep. Mary Miller -- Illinois
Sen. Mike Braun — Indiana
Rep. Jim Banks — Indiana
Rep. Greg Pence -- Indiana
Rep. Jim Baird -- Indiana
Rep. Jackie Walorski — Indiana
Sen. Roger Marshall — Kansas
Rep. Ron Estes — Kansas
Rep. Tracey Mann — Kansas
Rep. Jake LaTurner — Kansas
Rep. Hal Rogers -- Kentucky
Sen. John Kennedy — Louisiana
Rep. Clay Higgins — Louisiana
Rep. Garrett Graves — Louisiana
Rep. Mike Johnson — Louisiana
Rep. Steve Scalise — Louisiana
Rep. Andy Harris — Maryland
Rep. Lisa McClain — Michigan
Rep. Jack Bergman — Michigan
Rep. Michelle Fischbach -- Minnesota
Rep. Jim Hagedorn -- Minnesota
Rep. Tim Walberg— Michigan
Rep. Steven Palazzo — Mississippi
Rep. Trent Kelly — Mississippi
Rep. Michael Guest — Mississippi
Sen. Josh Hawley — Missouri
Rep. Sam Graves — Missouri
Rep. Vicky Hartzler — Missouri
Rep. Billy Long — Missouri
Rep. Jason Smith — Missouri
Rep. Blaine Letkemeyer — Missouri
Rep. Matt Rosendale — Montana
Sen. Steve Daines — Montana
Rep. Adrian Smith — Nebraska
Rep. Jeff Van Drew — New Jersey
Rep. Yvette Herrell — New Mexico
Rep. Elise Stefanik — New York
Rep. Lee Zeldin — New York
Rep. Nicole Malliotakis — New York
Rep. Chris Jacobs — New York
Rep. Madison Cawthorn — North Carolina
Rep. Ted Budd— North Carolina
Rep. David Rouzer— North Carolina
Rep. Richard Hudson— North Carolina
Rep. Greg Murphy— North Carolina
Rep. Virginia Foxx— North Carolina
Rep. Adrian Smith -- Nebraska
Rep. Jim Jordan — Ohio
Rep. Bob Gibbs — Ohio
Rep. Warren Davidson — Ohio
Rep. Bill Johnson — Ohio
Rep. Steve Chabot -- Ohio
Sen. James Lankford — Oklahoma
Rep. Markwayne Mullin — Oklahoma
Rep. Stephanie Bice — Oklahoma
Rep. Kevin Hern — Oklahoma
Rep. Mike Lucas — Oklahoma
Rep. Tom Cole — Oklahoma
Rep. Cliff Bentz — Oregon
Rep. John Joyce — Pennsylvania
Rep. Dan Meuser — Pennsylvania
Rep. Glenn "GT" Thompson — Pennsylvania
Rep. Mike Kelly — Pennsylvania
Rep. Lloyd Smucker — Pennsylvania
Rep. Guy Reschenthaler — Pennsylvania
Rep. Fred Keller — Pennsylvania
Rep. Scott Perry — Pennsylvania
Rep. Jeff Duncan — South Carolina
Rep. Ralph Norman — South Carolina
Rep. Joe Wilson — South Carolina
Rep. William Timmons — South Carolina
Rep. Tom Rice — South Carolina
Sen. Marsha Blackburn — Tennessee
Sen. Bill Hagerty — Tennessee
Rep. Chuck Fleischmann — Tennessee
Rep. Tim Burchett — Tennessee
Rep. Mark Green — Tennessee
Rep. Diana Harshbarger — Tennessee
Rep. Scott DesJarlais — Tennessee
Rep. David Kustoff — Tennessee
Sen. Ted Cruz — Texas
Rep. Lance Gooden — Texas
Rep. Ronny Jackson — Texas
Rep. Louie Gohmert — Texas
Rep. John Carter — Texas
Rep. Michael Cloud — Texas
Rep. Pat Fallon — Texas
Rep. Randy Weber — Texas
Rep. Brian Babin — Texas
Rep. Troy Nehls — Texas
Rep. Beth Van Duyne — Texas
Rep. Randy Weber — Texas
Rep. Roger Williams — Texas
Rep. Ron Wright — Texas
Rep. John Rose — Texas
Rep. Pete Sessions — Texas
Rep. August Pfluger — Texas
Rep. Jodey Arrington — Texas
Rep. Burgess Owens — Utah
Rep. Chris Stewart — Utah
Rep. Bob Good — Virginia
Rep. Morgan Griffith — Virginia
Rep. Ben Cline — Virginia
Rep. Rob Wittman — Virginia
Carol Miller -- West Virginia
Alexander Mooney -- West Virginia
Sen. Ron Johnson — Wisconsin
Rep. Scott Fitzgerald -- Wisconsin
Rep. Tom Tiffany -- Wisconsin
Sen. Cynthia Lummis — Wyoming
NB: Several senators have withdrawn their objections since the rioters stormed the capitol. I have kept them on this list because I believe they still have done irreparable harm to the integrity of the democratic process.
List updated at 6:30 PM on 1/7 to reflect the recorded vote
Footnote:
1) There have since (mostly in 2017) been challenges by representatives to slates of electors, but none with a senator’s signature affixed. In the absence of cosponsors from both houses, challenges are immediately dismissed without debate.
Image Credit: CSPAN