Editor’s note: This commentary is by David M. Roth, a Burlington resident and entrepreneur.
Wednesday’s attempted coup d’état was personally instigated by the loser of the American presidential election, Donald J. Trump. Whether the violence in Washington, D.C., marked the end of the fever-dreams of those who believe the lie that the election was stolen, or if it marked the beginning of a more protracted period of instability in our country remains to be seen. Regardless, Trump clearly and personally incited violence against the very infrastructure of American democracy and must therefore be removed from office for doing so by an invocation of the 25th Amendment.
The 25th Amendment, ratified in 1967, empowers the vice president and the cabinet and/or lawmakers to declare a president incapacitated, or more precisely, “unable to discharge the powers and duties of his office.” No clearer example of incapacitation has ever existed in our nation’s history than the incapacity and criminality of Trump. It is irrelevant whether he has 13 days or 13 months remaining in his presidency, the actions taken Wednesday at his behest to violently disrupt the peaceful transfer of power are both criminal and treasonous and must be treated and prosecuted as such. President Trump is a clear and present danger to our democracy and to the life and liberty of each of our nation’s citizens.
The political realities of the process of the invocation of the 25th Amendment and of a potential Pence acting presidency (even for a matter of days) are irrelevant since crimes have been committed and further violence is likely without swift action and precise repercussion. Inciting violence is most assuredly not a protected right, and as such neither the president nor his political conspirators are able to hide behind any arguments relating to freedom of speech. The Supreme Court made clear in 1969 that the protections afforded speech do not apply to speech that is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Trump knew exactly what he was doing and the effects of his call to violence were heeded with alacrity by his followers.
But let us be clear, the crimes that occurred Wednesday have been fomented for weeks and even years by irresponsible and complicit members of Trump’s party who have lacked the spine and the morality to speak against the clear and present danger Trump and Trump-ism posed to our nation and our people. Since the election in November, the president and his many acolytes have been blatantly advocating and agitating for violence to alleviate their personal pain and embarrassment as a result of losing the election – but the violent rhetoric of incitement has been ongoing and consciously facilitated since the day Trump appeared at the bottom of his gilded staircase to announce his candidacy. Wednesday was the inevitable culmination of the years of morally, politically and socially bankrupt politics practiced by the people surrounding, supporting and facilitating Trump’s circus – and they all must be held accountable.
The spectacle that unfolded in Washington, D.C., was a direct result of the president’s words and actions and are as blatantly undemocratic and criminal as were those of the many dictators the United States has condemned (and fought!) over our history. Hate crimes in the United States have soared since Trump was elected, and Vermont is not immune to the effects of the dangerous and criminal language employed by Trump and his misguided disciples. I personally saw the shattered aftermath of the blatant destruction of Hanukkah ornaments in the Northeast Kingdom just a few weeks ago, and know that the violence espoused and normalized by Trump has the potential to reach every city, town and village in our state and our country if it is not condemned by the vast majority of citizens who simply will not tolerate the destruction of the values and principles that we hold dear and that define us.
I join a chorus of citizens, including Gov. Phil Scott, in calling for our nation’s leadership to quickly condemn and remove Trump from the presidency for his incitement to violence that left four people dead, many injured and every single one of us heartbroken.
