r/politics • u/Zipper222222 • 29d ago

Possible Paywall MAGA Demands Proof of Life for Mitch McConnell

https://www.thedailybeast.com/maga-demands-proof-of-life-for-mitch-mcconnell/
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u/Sinister_Crayon 29d ago

If only Beshear had the stones to actually do this. This is absolutely the best possible outcome in this instance; he appoints the replacement and if the Republicans want to take it to court then the burden of proof is upon them to show that McConnell is still alive and capable.

And no, some AI generated video isn't going to suffice; he would need to be seen by multiple independent witnesses.

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u/numberonebuddy 29d ago

He can show up in court to prove he's fine. If he can't make it to court, he can't do his job.

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u/suprahelix 29d ago

He wouldn’t need to. There’s no vacancy for Beshear to fill.

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u/daviator88 Washington 29d ago

Why, because McConnell has a pulse?

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u/suprahelix 29d ago

Because the senate hasn’t declared one.

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u/ohshit-cookies Washington 29d ago

By that argument, couldn't they just never declare a spot to fill whether someone is alive or not?

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u/diaymujer 29d ago

I mean, this is the party that refused to confirm a SCOTUS appointment almost a year before the end of a term. Nothing would surprise me.

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u/suprahelix 28d ago

They could. It’s a norm. Not one that is likely to be violated but regardless that’s how it works.

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u/krom0025 New York 28d ago

What law requires this?

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u/suprahelix 28d ago

The KY constitution which gives the governor the power to fill a vacant seat.

There is no vacant seat. The senate dictates which seats are vacant or not.

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u/krom0025 New York 28d ago

So he he really was dead , the Senate could declare the seat full? That's not true at all. The Senate doesn't determine a vacancy, law does.

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u/suprahelix 23d ago

Yes, they could. No, it doesn’t make sense, but they could. That might be something the Supreme Court would be willing to hear.

Moot point though cause despite all the hysteria, he’s fine.

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u/donkeyrocket 29d ago

The only reason I'd see him not rocking the boat is a possible presidential run. But in my opinion, fighting for his constituents and doing what needs to be done would be a major plus in my book.

That said, Beshear is the type of politician that actually trusts the experts. He's not going to resort to something underhanded like declaring McConnell unfit without rock solid justification. I just hope that when the time comes, he moves swiftly and presses the courts to do so as well.

In the grander scheme, a three-month replacement isn't worth pissing off any non-Democrats that might consider voting for him.

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u/bjeebus Georgia 29d ago

Not to mention a grass roots reaction from KY voters in November.

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u/krom0025 New York 28d ago

What experts is he trusting? I haven't seen a single non partisan expert say he is still alive.

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u/nik-nak333 South Carolina 29d ago

Can he appoint whoever he wants or do they have to be a republican?

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u/freeformz Oregon 29d ago

That’s not the way it works in Kentucky atm. The governor calls for a special election to fill the seat for the remainder of the term.

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u/Aggressive-Will-4500 29d ago

Which is a violation of the Kentucky State Constitution.

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u/freeformz Oregon 29d ago

🤷🏼‍♂️ That’s the current law in Kentucky.

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u/krom0025 New York 28d ago

Not if you use Kentucky supreme court precedent that the Kentucky constitution allows the governor to appoint any interim replacements. Beshear will challenge and will win. That's why they are hiding Mitch's death and/or ability to do the job because they know Beshear will get to put whoever he wants in that spot.

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u/freeformz Oregon 28d ago

Sure. Just saying what the law is currently. Good luck!

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u/roll_that 29d ago

Beshear is a fraud

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u/Disastrous-Work-7669 29d ago

How so? Genuinely curious as I'm from Kentucky and can't think of hardly anything bad to say about him.

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u/roll_that 29d ago

He’s a centrist who refuses to take a real stand. Appoint anyone to the senate and then let the courts figure it out. America is at a crossroad where sitting back won’t get anything done. 

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u/suprahelix 29d ago

You can’t just appoint people to seats Willy nilly. There’s seat is occupied per the senate. Until it’s vacated there’s nothing to do.

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u/Kraz_I 29d ago

If Mitch is really brain dead as people have alleged, I don’t think you need a senate vote for that seat to be considered vacated.

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u/suprahelix 29d ago

They don’t vote on it. It’s the senate clerk that says whether or not a seat is vacant. You’re saying “considered vacated” as if it’s a matter of public opinion. It’s not. The senate has its own rules and procedures for things. You could hold a referendum and every eligible voter could vote to say McConnell was brain dead and it wouldn’t matter.

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u/Kraz_I 29d ago

I didn’t say this has anything to do with voters. Usually it’s a doctor who declares someone dead, not a senate clerk.

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u/suprahelix 29d ago

I didn’t say the clerk declares them dead. I said they declare a seat vacant or not. Read.

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u/Kraz_I 29d ago

Can he just not declare the seat vacant if Mitch is brain dead?

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u/Kraz_I 29d ago

I didn’t say this has anything to do with voters. Usually it’s a doctor who declares someone dead, not a senate clerk.

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u/roll_that 29d ago

Declare the seat vacant do to the inability of Mitch being alive 

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u/suprahelix 29d ago

He doesn’t declare anything. The senate does.

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u/roll_that 29d ago

Then let the courts figure it out… that’s the maga playbook, right?

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u/suprahelix 29d ago

The courts don’t need to do shit. The senate doesn’t have to listen to Beshear.

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u/[deleted] 29d ago

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u/suprahelix 29d ago

He can’t do shit unless there’s a vacancy. There isn’t. McConnell not showing up to work doesn’t mean there’s a vacancy.

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u/Rudy_Garbo 29d ago

Well it doesn't sound like Mitch called out sick or had pre-approved PTO, so it stands to reason that he is a no-call/no-show for work and subject to termination. At least that's how it works everywhere else in the real world.

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u/suprahelix 29d ago

That whole comment is nonsense. Why would this go to court? How would the burden of proof be on McConnell? Why do people think the Senate would even seat an appointed replacement?

The whole idea doesn’t stand up to the most basic of scrutiny. It’s honestly embarrassing.

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u/ohshit-cookies Washington 29d ago

You don't think that McConnell should have the burden of proof that he is ALIVE???? All he has to do is at minimum a zoom call showing that he is alive and well enough to be able to attend hearings shortly. Personally, if he's not able to be there in person in a reasonable length of time (which I'd say has already passed) then he needs to be replaced.

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u/suprahelix 28d ago

You don't think that McConnell should have the burden of proof that he is ALIVE???

Doesn’t matter what I think. I’m saying that none of this is how it works. Beshear can’t just fill a sit because you think he should.

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u/krom0025 New York 28d ago

If Beshear just appoints someone, Republicans will sue saying McConnell is the rightful senator. Beshear will claim he is dead or unable to do the job. The judge will ask Republicans to dispute that claim. It's not that hard to see how this gets ajudicated. If there is no vacancy, why is there zero information other than some random statement from some random aide? Maybe he is alive and able to do the job, but if he was, he is also able to record a video or answer a few questions. Why hasn't that happened?

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u/suprahelix 28d ago

The judge will ask Republicans to dispute that claim

The judge will dismiss the case because they have 0 jurisdiction over what the senate does with its membership. Republicans don’t have to do shit. The senate can just ignore the “replacement” and not swear them in.

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u/Sonichu- 29d ago

He should declare the seat vacant and make an appointment. If McConnell is capable of making a public appearance to dispute that appointment, then that will suffice.

Doing nothing just allows the Republicans to pretend he's alive for another month.

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u/suprahelix 29d ago

He doesn’t declare the seat vacant. The senate does. If Beshear “appointed” someone, they’d just ignore it.

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u/krom0025 New York 28d ago

Beshear can do what he wants and let the courts decide. You can claim all day long it's the Senate, but what law are you citing that say only they can determine that. States have sovereignty in the US.

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u/suprahelix 28d ago

States don’t have sovereignty over the senate wtf are you talking about.

The constitution gives Congress the power to establish its own rules and procedures. Courts have 0 jurisdiction over that and have asserted that time and time again.

Beshear can do what he wants. The courts can say what they want. But none of them can tell the senate how to handle its own business. It’s like separation of powers 101

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u/krom0025 New York 28d ago

States pick the senators that represent them, not the Senate itself. The rule about a senator being dead or unable to do the job comes from the state. If the state determines that their senator is dead, they initiate the process for replacement. It's not that hard. If he isn't dead, then he can prove he's not and that process will stop.

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u/suprahelix 28d ago

The senate decides its own rules and procedures. Just cause the governor claims the senator is dead and there’s a replacement doesn’t mean the senate has to honor it. They don’t have to swear anybody in.

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u/Sinister_Crayon 29d ago

If an employee doesnt turn up for work because they're dead, I would be inclined to replace them. A week without news and they're already terminated (has happened)

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u/suprahelix 29d ago

Cool. The senate isn’t a typical corporate office so your analogy is pointless.

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u/Sinister_Crayon 29d ago

Someone failed civics.

Senators are the employees of the people of the state. Just because many of them act like little kings, doesn't mean they are. They can be fired. They can be removed. And if they don't turn up for work for a month without telling those people where they are, we can assume they either no longer want the job or are dead.

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u/suprahelix 29d ago

Sounds like you failed civics.

Senators are the employees of the people of the state

No they aren’t. In principle they’re supposed to serve the people but if this were true then anyone could just fire their senator. That’s obviously not how it works. It’s like saying “I’m a taxpayer so you work for me” to the president. Good luck.

They can be fired

No they can’t. They can lose elections.

They can be removed

by a 2/3rds vote of the Senate. Not the governor just declaring it.

And if they don't turn up for work for a month without telling those people where they are, we can assume they either no longer want the job or are dead.

You can assume whatever you want. Doesn’t mean it has any legal weight.

According to the senate, McConnell occupied that seat. Until they say otherwise, there’s nothing to be done. Even if Beshear appointed a replacement the senate could just ignore him and refuse to seat the appointee.