From: Kenneth Judd kennethjudd@mac.com
Subject: Trump Must Go
Date: January 7, 2021 at 3:34:39 PM PST
To: Ken Judd kennethjudd@mac.com
Bcc: [To all Hoover fellows and staff]
Hoover colleagues,
I created a web page, https://sites.google.com/view/trump-must-go/home, which outlines the case for removing Trump. The key statement is
Yesterday’s events make it clear that the Donald Trump Presidency must end now. The Cabinet should invoke the 25th Amendment, and the House should simultaneously proceed with impeachment, followed by a quick conviction in the Senate.
I invite you to send me a [message] … endorsing the statement. … I will add your name….
After I get a significant number of letters, I will publicize the webpage. I will also ask you to do similar publicity since many of you have far better media contacts than I do.
If you need some convincing, here is my case,
Our colleague, General Jim Mattis, put it made a characteristically clear and elegant statement yesterday:
“Today’s violent assault on our Capitol, an effort to subjugate American democracy by mob rule, was fomented by Mr. Trump. His use of the Presidency to destroy trust in our election and to poison our respect for fellow citizens has been enabled by pseudo political leaders whose names will live in infamy as profiles in cowardice. Our Constitution and our Republic will overcome this stain and We the People will come together again in our never-ending effort to form a more perfect Union, while Mr. Trump will deservedly be left a man without a country.”
As I said yesterday, it is time for the 25th Amendment to be invoked. I also now believe that Congress should proceed with impeachment and removal procedures. I received some valuable comments, but nothing that changed my mind.
There is a concern that Trump could stop this by firing his Cabinet if they act against him. Many of you know the law far better than I do, but if that is true then Section 4 is essentially vacuous. Isn’t there some legal argument that says paragraphs in the Constitution are not vacuous?
How long does it take to pass an impeachment resolution? Can’t it be done by the House without the usual hearings?
Two weeks is NOT a short time. The President holds enormous power. He has the nuclear codes. The nuclear weapons system is designed so that missiles fly minutes after the President issues the orders. I am sure that most of our military leaders are honorable people who will push back on any bad orders, but it is unfair to put that burden on them. Couldn’t he just dismiss officers until he finds someone who will obey his orders? If Trump is essentially cut out of the chain of command then we don’t have a chain of command, a situation which is itself dangerous.
This nuclear scenario is highly unlikely but what if there was a real military crisis. How can we trust that he will make rational decisions? If I were a terrorist, I would consider making an attack which would give Trump an excuse to react in an excessive manner. Perhaps a third country would do something that makes it look like Iran is going to attack us, creating excuses for attacking Iran. I worry that he will have some opportunity to make decisions that will limit the options of the Biden administration.
Yes, the chances of any of these things happening is low, but the costs could be very high.
We all know that more pardons are coming. He pardoned the Blackwater mercenaries convicted of murder. His pardons of people like Flynn and Stone look like rewards for not giving Federal investigators evidence against him. The common expectation is that the worst pardons are being left for last. In fact, he could pardon yesterday’s rioters!
He still has the power to make executive orders which he did not dare make before the election but could now pursue in an effort to handcuff the Biden administration.
The 25th Amendment and impeachment processes could be messy but if enough Cabinet officials and members of Congress do their duty it can happen quickly.
Some will say that this joint letter won’t have any impact. So what? The Hoover Institution advocates democracy even though the chance that your vote ever matters is essentially zero. Many of you personally know some of the actors; your public statement will make any private communications more influential.
I am, as most know, a lifelong Democrat, but it would be wrong to interpret this as a partisan effort. The 25th Amendment and a quick impeachment and removal process can only happen with substantial Republican support. What I advocate gives Republicans a chance to, in a small way, redeem their party. While I am a Democrat, I have great respect for the role of Republicans in making a strong and just America. The postwar world was the creation of a strong bipartisan commitment to American leadership, but Trump has greatly weakened our position and reputation. Decisive action to remove Trump now will help to repair some of the damage to our reputation in the world. In many ways, I have been more distressed about Trump’s hijacking of the Republican Party than Republicans have been.
This message is being sent to a large Hoover email list, but I am only asking for the support of fellows. I recommend that staff not participate. I do not know what the reaction will be to this effort and I do not want any of you to be caught in the crossfire. Let me tell you about one of my interactions with Stanford lawyers. Many years ago, I attended a sexual harassment training session and participated in a moot court where a Stanford supervisor was criticized for displaying French postcards in his office. After the many moot juries delivered their decisions, I asked the moot court judge about the importance of Freedom of Speech in this matter. A Stanford lawyer did not allow the judge to answer and emphatically declared “There is no freedom of speech at Stanford.” I am sufficiently arrogant and financially secure that this does not deter me, and many fellows will also not be deterred. I doubt that staff can feel so free to express their opinions.
I look forward to supporting letters from many of the fellows.
Sincerely,
Ken