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" "The former president's party cynically and embarrassingly rationalizes January 6 as having been something between hallowed, legitimate public discourse and a visitors tour of the Capitol that got out of hand. January 6, of course, was neither, and the former president and his party know that. It was not legitimate public discourse by any definition. Nor was it a civics tour of the Capitol Building — though that day proved to be an eye-opening civics lesson for all Americans. January 6 was, rather, a defining, and a redefining, day in American history — defining and redefining of America itself. On that day, America finally came face to face with the raging war that it had been waging against itself for years.
John Michael Luttig (born 13 June 1954) is an American corporate lawyer and a former United States Circuit Judge of the United States Court of Appeals for the Fourth Circuit.
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By constitutional order, We the People of this great Nation confer upon our elected representatives the power that they are then, by solemn constitutional obligation, directed to wield on our behalf and on America's behalf. But today our politicians live in a different world from the rest of us, and in a different world than that ordained by the Constitution. They live in a fictional world of divided loyalties between party and country, a world of their own unfaithful making.
A stake was driven through the heart of American democracy on January 6, 2021, and our democracy today is on a knife's edge. America was at war on that fateful day, but not against a foreign power. She was at war against herself. We Americans were at war with each other — over our democracy. January 6 was but the next, foreseeable battle in a war that had been raging in America for years, though that day was the most consequential battle of that war even to date. In fact, January 6 was a separate war unto itself, a war for America's democracy, a war irresponsibly instigated and prosecuted by the former president, his political party allies, and his supporters. Both wars are raging to this day. A peaceful end to these wars is desperately needed. The war for our democracy could lead to the peaceful end to the war for America's cultural heart and soul. But if a peaceful end to the war for America's democracy is not achievable, there is little chance for a peaceful end to that war. The settlement of this war over our democracy is necessary to the settlement of any war that will ever come to America, whether from her shores or to her shores. Though disinclined for the moment, as a political matter of fact only the party that instigated this war over our democracy can bring an end to that war.
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Very few ever have the honor of counseling the President of the United States of America. That highest of honors carries with it the highest of obligations. Counsel provided to the President of the United States must be the product of not only exquisite, penetrating legal analysis but also profound, insightful legal judgment. These two combined are so far from mere technical legal competence as almost to be its polar opposite. The President and the country deserve nothing less from those who counsel the President, so consequential are the stakes for the Nation when the President acts upon the advice of his or her Counsel. Whatever else, the President of the United States did not receive such counsel during his sustained effort to overturn the 2020 presidential election. It is as much the former president's fault as anyone's that he did not.