Before we think about jailing or punishing Donald Trump, we must immobilize his power.
Everything that has happened leading up to the election and afterwards – ALL OF IT - was predicted, including the potential for a civil war – except for that the insurrectionists would make the monumental strategic blunder of making a direct attack on the United States Capitol Building itself.
In an October article entitled The War After the Election [https://medium.com/illumination-curated/the-war-after-the-election-545de96aa4ca?source=friends_link&sk=627c55d616d9296af3e398f1686493a4] I summarized the findings of the Transition Integrity Project , a group that included former Congressmen, United States Senators, previous cabinet members, White House Chiefs of Staffs, Secretaries of Defense and Homeland Security and state governors whose “war games” predicted almost exactly what is happening. I intend to keep updating the article to take into account events since January 6 and regarding what we should do about the situation now – including that we as a citizenry should refrain from giving Donald Trump any excuse for attempting to impose martial law.
The prospect that President Trump might still attempt to declare martial law should be taken very seriously. If this sounds like hyperbole, keep in mind that ten former Secretaries of Defense recently took the extraordinary step of co-authoring an article warning against the military becoming involved in our election process; and that the leaders of the United States government are actively considering impeaching the President of the United States or removing him from office via the 25th Amendment with less than two weeks remaining in his term.
Because of the emergency powers that Congress has ceded to the executive branch over centuries, what Trump would be attempting in declaring martial law would actually be LEGAL. Not that everybody would get on board with it or that it would necessarily succeed, but that the President could justify the legality of the initiation of martial law more than he can justify the legality of many other things he has done, especially under the Trump administration’s unitary executive interpretation of Article II of the Constitution. As John Dean has explained, "In its most extreme form, unitary executive theory can mean that neither Congress nor the federal courts can tell the President what to do or how to do it."
In addition to what’s called for in the The War After the Election I urge you to sign The Pledge to Safeguard the Constitution [https://www.thepledge.site/the-pledge-to-safeguard-the-constitution] which is intended to prevent anything like the events of January 6 from ever happening again.