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Senator Josh Hawley’s Outrage

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Unless you are familiar with this corner of the law, it’s not obvious just how outrageous Senator Josh Hawley’s stunt in Congress was. Until Hawley announced he was going to object, the Majority Leader had kept a tight lid on the process. Once Hawley opened the door, 12 others followed in the Senate. No doubt, orchestrating that challenge was not the cause of the riot. But that challenge gave comfort to those who rioted, as did the clenched fist Hawley flashed to the (soon to be) rioters as he entered the Senate. As former-Senator John Danforth put it (a man who once viewed Hawley as a “once-in-a-generation” talent, but who now believes his support of Hawley was “the worst mistake I ever made in my life”):

“But for him it wouldn’t have happened. [He made the certification vote] a way to express the view that the election was stolen. He was responsible.”

Hawley’s judgment and behavior should be disqualifying. Given his background (Yale-educated lawyer, former law professor), there is no excuse — except personal ambition—for the gross abuse of process that his objection was. Yet ambition does not forgive. It merely explains. Nothing could forgive the wrong he did.

To see just why, I offer, with commentary, his speech on the floor of the Senate. In these five minutes, given after the insurrection had occurred, Hawley tries to explain why even then, he was not backing down. (The indented portion is a transcript of Hawley’s comments. You can watch the speech on CNN here.)

Mr. President, Thank you.

I want to begin this evening by saying thank you To the men and women of the Capitol Hill Police, the National Guardsman, the Metropolitan police and others who came to this Capitol, who put their lives on the line, to protect everyone here working inside of it.

To the extent Hawley had a role in triggering this riot — caused most directly by the President, no doubt, but the stunt of his objections gave credence to the President’s claims — this thanks should have been prefaced by an apology. Hawley’s behavior put these “men and women” at risk—for no good or legitimate reason. One officer has died.

And I want to thank law enforcement…

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Lessig
Lessig

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