President Joseph Biden acts as if he must accept Republican extortion demands or watch the country’s economy collapse.
But there are legal remedies for punishing such criminal behavior. Biden needs only to direct the Justice Department to apply them.
- Biden can direct Attorney General Merrick Garland to investigate whether actions by Republican Congressmen broke Federal anti-racketeering and/or anti-terrorism laws.
- Garland, in turn, can order the FBI to conduct that investigation.
- If the FBI finds sufficient evidence that these laws have been violated, Garland can convene criminal grand juries to indict those violators.
Merrick Garland
Criminally investigating and possibly indicting members of Congress would not violate the separation-of-powers principle. Congressmen have in the past been investigated, indicted and convicted for various criminal offenses.
Aside from their guilt for extortion, at least 147 Republican Congressional members tried to overturn the legitimate results of the 2020 Presidential election to illegally retain Donald Trump in the White House. They can easily be indicted and prosecuted for electoral fraud.
Making the job easier for prosecutors: Former President Donald Trump, still de facto boss of the Republican party, has openly stated his desire to see default happen.
At his infamous May 10 town hall interview with CNN reporter Kaitlin Collins, Trump urged Republicans to default on the United States national debt if President Biden won’t agree to budget cuts.
Donald Trump
TRUMP: I say to the Republicans out there—Congressmen, Senators—if they don’t give you massive cuts, you’re going to have to do a default. And I don’t believe they’re going to do a default because I think the Democrats will absolutely cave because you don’t want to have that happen.
But it’s better than what we’re doing right now because we’re spending money like drunken sailors. You know the expression?
COLLINS: You once said that using the—that using the debt ceiling as a negotiating wedge just could not happen. You—you said that when you were in the Oval Office.
TRUMP: Sure, that’s when I was President.
COLLINS: So why is it different now that you’re out of office?
TRUMP: Because now I’m not President.
In short: If I’m not President, the country can be destroyed for all I care.
Yet for all of Trump’s professed concern about the national deficit, on August 2, 2019, he signed into law a two-year budget deal that raised spending by $320 billion over existing spending caps set in a 2011 law.
The bill also boosted military and domestic spending, and lifted the debt ceiling, which is the legal limit on the amount of debt the federal government can have.
The bill threatened to push the budget deficit to more than $1 trillion in 2019 for only the second time since the Great Recession of 2007-2008 and add $1.7 trillion to the federal debt over a decade.
Besides ordering the Justice Department to indict extortionist Republicans, Biden could stand up to them in another way: By urging his fellow Americans to rally to him in a moment of supreme national danger.
President John F. Kennedy did just that—successfully—during the most dangerous crisis of his administration.
Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.
John F. Kennedy
Kennedy outlined a series of steps he had taken to end the crisis—most notably, a blockade of Cuba. Then he sought to reassure and inspire his audience:
“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”
President Biden could send that same message to the extortionists of the Republican Party—but he has refused to do so.
Kevin McCarthy (R-CA), the newly-installed Speaker of the House of Representatives, has told CNN that Republicans would demand spending cuts in exchange for lifting the debt ceiling. Those cuts would come at the expense of the poorest American citizens, as this has been the standard Republican practice.
Appearing on The PBS Newshour on January 17, Wendy Edelberg of the Hamilton Project, a liberal economic think tank, warned of potential disaster if Congress refuses to raise the debt ceiling:
“It’s playing a game with the U.S. economy and people’s lives that I think is irresponsible….I’m very confident that the White House and Democrats in Congress stand ready to negotiate on future tax and spending laws and changes to those laws.
“What I don’t understand is why those negotiations are linked to the debt ceiling. Maybe they’re both about borrowing, and so people have gotten confused. One is about backward-looking obligations based on previous laws, tax and spending laws that were enacted, and one is about future.”
There’s no mystery: By linking the debt ceiling to tax and spending negotiations, Republicans believe they can extort any concessions they want from President Biden.
But this doesn’t have to happen.
Biden can choose to invoke criminal law against criminal extortion. If he does so, he will save the Nation from financial extinction.
And he will send a message to future Right-wing extortionists: The lives and fortunes of American citizens may not be held hostage to gain leverage in a political settlement..