by Adam Yoshida
“The choice that I face – and that we face – is a stark one: if people don’t pay their fair share, then this country cannot pay its bills.
“Faced with this choice – as stark as any faced by any President – I have made a decision. I will not allow the many to suffer for the sake of the privileged few, especially when the few are violating both the spirit and, in many cases, the letter of the law.
“However, those violators – these malefactors of great wealth, as Franklin Roosevelt once said – have many resources and many tools at their disposal. They can manipulate the legal system to evade justice for years and in some cases forever. They do not believe that they have to play by the same rules as the majority of the American people because in most cases it has been many years since they were called upon to do so.
“Well, it’s time that we brought an end to that. Prior Congresses, in their wisdom, have passed laws that give the President vast discretion in times of national emergency. I am not afraid to use that discretion in defense of the people of the United States. Therefore, tonight, I have signed an order invoking certain provisions of the International Emergency Economic Powers Act. Specifically, I have found that certain foreign companies – some of them subsidiaries of American ones – have engaged in acts of economic warfare against the United States by conducting grand campaigns of tax avoidance. And, in view of this pattern of tax avoidance, I have ordered – pursuant to the law passed by the Congress – that the assets of those engaging in such acts of economic warfare be seized by the Treasury.
“This act, though, is merely the beginning of a process: not the end. True economic reforms that will restore fairness to this country will require the collaboration of the Congress. To begin with, it is vital that we protect American jobs by ensuring that the turbulence that has afflicted our financial markets ever since the disruptions created by obstructionism regarding the debt limit began to be felt is brought to an end. To that end, I have spoken to business leaders who have agreed to a renewed partnership between business and government here in America. However, the facilitation of this partnership requires the assistance of the Congress. By passing the Economic Reform Act proposed by my Administration the Congress can ensure that adequate loans and loan guarantees are provided to American businesses and that, in turn, taxpayers are protected by the government’s receipt of direct capital stakes in these companies in return.”
Cannon House Office Building, Washington, DC
“My God, my God,” repeated Congressman Michael Nelson as he watched the President speak from the Oval Office.
“This is third-world level lawlessness!” he shouted to his staff as the broadcast continued.
“I’d expect this shit from some fucking South American dictator. But from a President of the United States? We have to stop him.”
Phones began to ring and buzz across the Capitol. Major donors were going nuts. Every Republican activist in the country was in a rage. The phones of the Democratic members were ringing off the hooks as well – with words of praise and affection from those individuals thrilled at the idea of the President having taken such dramatic action designed to make others, “pay their fair share.”
“Do you really think that Halverson is up to the job?” Nelson asked a colleague over the phone.
“I don’t know,” said the Congressman from Michigan’s Eighth District glumly, “we don’t have enough votes to impeach or to override a Presidential veto. We can try and shut down the government, but I don’t know that there’s even much hope of that – the President can just lawlessly evade that and, without a basic respect for the Constitution either on the part of the President or his supporters in the Congress and the country, I don’t know how we overcome it.”
“I don’t know yet either,” admitted Nelson, “but we just have to fight like hell.”
“For whatever good it will do,” replied the Michigan Congressman, “I mean, if people won’t listen to what the Constitution says, then this country has just become another cult of the Caudillo. We don’t have the authority to tell anyone to stop. We can pass laws, the President can veto. We can try and deny funding and it seems like he’ll just take as he likes and dare us and the courts to stop him. And who will? Everyone in the Goddamned Federal Government will just shrug and say “befehl ist befehl” and move on.”
Silence filled the line.
“Michael?”
“What did you just say?” Representative Nelson.
“Oh,” laughed the Michigan Congressman, “it’s a German phrase...”
“I know,” said Nelson, “but that could be it.”
“What?”
“An order is an order,” replied Nelson, “yes.”
Fifteen minutes later, Congressman Nelson and Representative Jon Sawyer of Michigan had managed to barge their way into the besieged officer of the House Majority Leader.
“Mike,” said Rickover, “I know that you’re angry. You know that I’m pissed too. We’re going to have to be focused, though, and not let rage take over.”
“I know,” said Nelson quietly.
“Alright,” said Rickover, “what’s up?”
“Jon and I were talking about this, and Jon said something that triggered a thought. How much do you know about the Nuremberg Tribunals?”
“Enough,” said Rickover somewhat quizzically.
“One of the things established at Nuremberg – something that I studied and was emphasized when I was joining the JAG corps, is how and why the tribunal there rejected the so-called ‘superior orders’ defense. All of these German officers tried to plead that, during the war, they had just been following orders – but they were convicted anyways.”
“Right. I know that,” interjected the Majority Leader.
“Right,” said Nelson, “but that’s true here in the United States as well. An officer of the United States has a legal obligation to refuse to obey an illegal order. Failing to disobey such an order makes the individual in question guilty of a crime just as the person who issued the order is.”
“Ok,” said Rickover, “I follow that. How do we apply that here?”
“Well,” said Nelson, “even if we can’t pass a new law, the public recognizes that we’re a better-than-even shot to win the next Presidential election. That’s what the polls say and this stunt by the President might help him with his base, but I can’t see it improving his overall standing in the polls.
“We can’t pass a law, but we can pass a sense-of-the-Congress resolution to let people know where we stand.”
“I don’t know how effective that will be,” said Rickover, “I think people already know where we stand on this.”
“Yes,” said Nelson, “but we can draw a stronger line than that. I want to pass a series of resolutions that enumerate Presidential acts or orders that are illegal and for us to declare that our intention is to see that anyone involved – down to the lowest level – in actually implementing them is prosecuted to the fullest extent of the law at the earliest opportunity. To be really effective, I think that we ought to enumerate the exact laws being violated by each order and the criminal and civil penalties for each violation thereof.”
“That’s a pretty strong measure,” said Rickover, “I mean... The Speaker won’t go for it.”
“No,” agreed Nelson, “he won’t.”
The Oval Office, The White House
“The reaction is pretty much what you’d expect, Mr. President,” said Jamal Anderson as they reviewed the overnight news coverage of the President’s order, “the Republicans and business are going nuts, our supporters love it, and a lot of people are befuddled.”
“That’s about in line with expectations,” noted the President. “What about the financial side of it?”
“Markets are a mess globally,” said the Secretary of the Treasury. “Of course, we don’t have any formal signals yet with regard to the U.S. indexes, since you ordered them closed... But it won’t be pretty.”
“
It’ll be a fucking bloodbath,” said Daniel Hampton over the speakerphone.
“Perhaps, but also a necessary one,” said the President nonchalantly.
“Market stabilization measures aren’t working anymore,” said Hampton from the offices of the Federal Reserve Bank of New York.
“Their effectiveness is reduced, to be sure, but I wouldn’t go as far...” said the Secretary of the Treasury.
“I would. And I am in a position to know,” said Hampton, cutting the Secretary off.
“We can’t use the measures of the old world to assess the new one,” said the President.
“How do companies pay for their operations tomorrow?” said Hampton.
“Well, I suppose that we shall require some emergency measures. I think that the Secretary and the Council of Economic Advisors has already worked up some stuff on that,” said the President, “I think that we’re looking at a relief package much like that imposed upon the banks in 2008. I don’t think that the Congress will have any choice but to go along with it now. I was in New York back them and I remember, from Albany, watching how much noise they made and how quickly they folded when the real crisis came.”
“Jesus,” said Hampton, “that’s a hell of a risk to run, Mr. President. That assumes that our credit and guarantees are worth something like what they were in 2008 and I just don’t believe that to be the case. I wish to be proven wrong... But it’s a hell of a risk.”
“Keep me informed,” said the President, before turning to face his Chief of Staff.
“Alright, Jamal, how much progress are we making on getting these conspirators tried?”
“We’re definitely running into heavy resistance there as well,” said Anderson. “Twenty-seven state Attorneys General have filed various legal motions. Four U.S. Attorneys have resigned. There’s a blizzard of injunctions and motions to dismiss flying about from different levels of the Federal Court system.”
“But we are holding the line?” asked Bryan.
“Yes, Mr. President,” came the voice of the Acting Attorney General from another speakerphone.
“Good,” said the President.
“Now,” he said, turning to face his legislative team, “let’s talk about how we get our economic emergency package pushed through...”
Raleigh, NC
It was a classic rent-a-crowd, but that didn’t make it any less impressive-looking on television, especially because the producers were careful to only select close-in shots that made it appear as through the lines of people stretched onwards into eternity.
Even before the President’s announcement had become official, the word had gone out to the Democratic Party’s organizers and hangers-one to assemble the troops. Now tens of thousands of them were in the streets all over the country to celebrate the President’s decision and to demand that Congress join him in, “rebuilding the economy for the middle class.”
It was sociologically interesting, of course, that the Democrats had a tendency to prattle on about the “middle class” and “working class” while advocating policies that tended to harm both groups by devaluing work and imposing new taxes and regulations that served as a barrier to social mobility. Moreover, the policies imposed by recent Democratic administrations had had the even more malign effect of devaluing what little both groups had in savings. Still, Democratic dominance of much of the media battlespace allowed them to fool tens of millions of otherwise-decent people into believing that modern liberalism was somehow, all reason aside, in their interests. Now millions of those people were on the streets.
“Greed is hate! Greed is hate!” the crowd was chanting as they marched towards the State Capitol.
The scene was repeated in all fifty states, as local Democrats and unions frantically coordinated mass protests demanding that the Congress pass what was now euphemistically referred to as the “Economic Reform Act.”
“The time has come,” said one of the speakers, a member of the North Carolina State Assembly, “for us to reform the economy of this country in order to ensure that everyone pays their fair share and everyone gets a fair deal.”
Cannon House Office Building, Washington, DC
“You can’t be fucking serious: they asked you for that?” said Terrance Rickover as a glassy-eyed Michael Halverson sat slumped low in his chair.
“I think that we have to consider it,” said the Speaker softly.
“They want us to ratify the illegal actions that they’ve taken and pass a few trillion in additional spending? Not just no, but fuck no,” said the Majority Leader.
“You haven’t seen the latest numbers,” said the Speaker, slurring his words from exhaustion, “the whole economy is on the verge of coming apart. There needs to be strong emergency action taken if we’re going to save... the economy.”
“This is a crisis that they caused,” said Rickover, “and its one that well be turning into a permanent state of affairs if we don’t stop them.”
“I think that a lot of people think that there’s blame that ought to be apportioned to both sides,” replied Halverson.
“Bullshit,” said Rickover.
“Well,” said the Speaker, “the President was forced to take extreme measures, in large part, due to Congressional intransigence.”
“Absolute nonsense,” replied Rickover.
“This is a time when we have to put the country ahead of party or political advantage,” said the Speaker, “I think that we have to bring this package to the floor of the House and limit amendments.”
“No,” said Rickover.
“I think that we have to do this... I don’t see any alternative.”
“No,” repeated Rickover.
“I am going to bring this vote to the floor of the House,” said the Speaker, the volume of his voice rising.
“I will not let you,” said Rickover.
“I may not have the majority of the caucus with me,” said the Speaker, “but I have the majority of the House. I’m not going to allow a recalcitrant minority to thwart the will of the American people.”
“This conversation is at an end,” said Rickover, turning around and storming out of the room.
Four minutes later, Rickover arrived at his office where more than a dozen members of the House and four Senators were waiting for him.
“It’s as bad as we feared,” he said as soon as the door was closed, “he’s fallen for the whole thing and he wants to go for it.”
“It’s worse in the Senate,” commented Jake Reinhardt, the junior Senator from Michigan, “there are enough squishes there that damned near half of the conference is for it.”
“Well,” said Michael Nelson, “then it’s got to be in the House.”
“What’s the count down here?” asked Reinhardt.
“The Whip is with the Speaker,” said Rickover, “so I only have a leaked count. They say that the Speaker might be able to carry forty votes with him on the final passage of the bill. That’s enough – barely – if all of the Democrats in the House vote for it as well. More than enough. That’s a ten vote margin.”
“Then the House can’t vote on this bill,” said Theresa Rowan softly. Until that point the Illinois Representative had been sitting softly in the corner. People turned to look at her.
“We all agree that this bill must be stopped. Yes?” said Rowan. Nods came from around the room.
“Then the House must not vote on it,” she said, the volume of her voice rising as she spoke.
“A motion to declare the office of the Speaker vacant is Constitutionally-privileged,” she continued, “and it must be disposed of before any other business before the House.”
“Hmmm...” said Nelson, “I see Theresa’s point. If the Speaker brings a vote on this bill to the floor, certain members of the House can be induced to vote for it upon the grounds of “economic necessity”, especially if it has the backing of a Republican Speaker... But if 80% of the caucus rises in rebellion, that becomes a hell of a lot harder to sell to the f
olks back home.”
“Shit,” said Rickover, checking his watch, “they’re going to try and vote for this thing tonight. We have to move.”
“I don’t know where half of our members are right now,” said Nelson.
“Half of them aren’t even in the fucking city,” said Rickover.
“We can delay in the Senate,” noted Reinhardt, “not forever, we don’t have the votes. But we can keep things interesting for a while. Enough time for you to rally your own troops.”
Rickover smiled and nodded.
“Do it,” he said.
“I don’t know if we’re going to win, but by God we shall fight,” declared the Majority Leader as he strode from the room.
Norfolk, VA
Martin Green had been sitting and refreshing a dozen different browser windows for hours. He knew that the situation was bad, but he had never expected it to get quite as bad as this.
“If the President’s plan is allowed to pass,” he furiously typed, “free enterprise in this country will be effectively at an end.”
Within seconds his Tweet was replied to by half a dozen other people, some of whom praised and agreed with him and others who viciously attacked him as a stooge of the corporations who were somehow “oppressing” all Americans.
As the minutes checked by Green, in spite of the rapidity with which news was breaking, suddenly found himself “ahead” of the internet. He had already read every commentary of significance. He was reading his own Twitter feeds so fast that he was simply refreshing and waiting for content. He stopped and looked in the screen in silence for a minute.
