2024 Election – Faithless Elector unintended consequences edition

Today we need to discuss the Chiafalo v. Washington, 591 U.S. _ (2020) ruling, and its (potential) unintended consequences. The ABA Journal (link above) notes earlier this year that “A 2020 U.S. Supreme Court decision on faithless electors appears to allow state legislatures to pursue a dangerous strategy for overturning election results…”

Those who read my posts–and my thrillers–know that I have long regarded the Electoral College as an outmoded, arcane system for electing a president; and one that is ripe for mischief from bad actors that only amplifies the anti-democratic underpinnings of our system. Those who claim to defend the Electoral College often say that they are upholding the Founders’ vision, when in fact they are working to exploit its loopholes and undermine faith in its legitimacy for their own ends.

Chiafalo v Washington was a unanimous Supreme Court decision “that states have the ability to enforce an elector’s pledge in presidential elections.” It is the suit that arose from the Faithless Electors lawsuit after the 2016 presidential election. The ABA article quotes a NY Times op-ed by Lawrence Lessig, a professor at Harvard Law School, and Matthew A. Seligman, a fellow at the Constitutional Law Center at Stanford Law School.

In their op-ed, Lessig and Seligman’s describe an all-too possible scenario:
“Charges of fraud cloud a recount. Leaders in the state legislature challenge the presumptive result. In response to those challenges, the legislature votes to direct its electors to cast their ballots for the candidate who presumptively lost but whom the legislature prefers. Any elector voting contrary to the legislature’s rule would be removed and replaced with an elector who complied. This is a critical innovation in the science of stealing a presidential election.” [Emphasis mine]

Lessig and Seligman go on to say: “Congress could amend the federal law governing electoral votes by declaring that any post-election change of the results by a state legislature would not count as votes ‘regularly given,’” they wrote. “States could cement the requirement that electors are to follow the people’s will. Neither path is assured, but we are certain of this: It is a rocky road ahead.” As currently constituted, only the Senate would be likely to take this up. The House has a Trump-controlled majority.(And it is Trump-controlled. As we saw in the failure of the bipartisan Immigration Reform Bill after Trump torpedoed it. Brookings has an explainer “for the perplexed,” though in the end, it’s not hard to figure out.)

My first novel, Faithless Elector came out in early 2016 and presaged some of the insanity surrounding the election. But the third book, Emergency Powers may prove to be more on point (which does not make me feel good, somehow).

Voting is our chance to participate and to hold our elected officials to some sort of accountability. Is it perfect? Hardly, but we may get a lesson in just how bad the alternative is if we don’t vote–all of us. Because the last three years or more have seen a coordinated effort to undercut that chance to make outrvoices heard through bad faith laws, official skullduggery and lawsuits. So much so, that the GOP candidate, Donald Trump, can say, as he did on July 28 of this year, that we “won’t have to vote anymore…”

The election is roughly 3 months from now. The forces that seek to steal our votes have been busy for years. Perhaps knowing that a majority does not support their policies, the GOP has undertaken to shrink the number of eligible voters and (potentially) to usurp the role of Electors.

I’ll talk more about the lawsuits and gerrymandering that’s still going on–and the Supreme Court’s role in it–in a follow-up post.

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James McCrone is the author of the Imogen Trager political suspense-thrillers Faithless ElectorDark Network and Emergency Powers–noir tales about a stolen presidency, a conspiracy, and a nation on edge. Bastard Verdict, his fourth novel, is about a conspiracy surrounding a second Scottish Independence referendum. 

All books are available on BookShop.org, IndyBound.org, Barnes & Noble, your local bookshop, and Amazon. eBooks are available in multiple formats including Apple, Kobo, Nook and Kindle.

He’s a member of Mystery Writers of America, Int’l Assoc. of Crime Writers, and he’s the current president of the Delaware Valley chapter of Sisters in Crime. He lives in Philadelphia. James has an MFA from the University of Washington in Seattle. His current, work-in-progress is a mystery-thriller set in Oregon’s wine country…A (pinot) Noir, called Witness Tree.

For a full list of appearances and readings, make sure to check out his Events/About page. And follow this blog!

You can also keep up with James and his work on social media:
Mastodon: @JMcCrone
Bluesky: @jmccrone.bsky.social
Facebook: James McCrone author (@FaithlessElector)
and Instagram/Threads “@james.mccrone”

Questions and guessing, when the political is not political

Fiction is not a letter to the editor, not an essay or a position paper, nor even a puff piece reifying one view over another. It’s stories–about character(s) in conflict, and a question–what will happen next? will the character succeed, fail, or live to fight another day?

But that isn’t quite all of it. I’m indebted to Maria Popova’s newsletter The Marginalian for helping me articulate something I felt to be true but couldn’t quite make clear.

Popova’s August 2021 newsletter “How (Not) to Be a Writer” quotes Anton Chekhov: “the task of the writer is not to solve the problem, but to state the problem correctly.” James Baldwin said something similar when he noted that the writer’s task is to “drive to the heart of every answer and expose the question the answer hides.”

Chekhov goes on to say: “Anyone who says that the artist’s sphere leaves no room for questions, but deals exclusively with answers, has never done any writing or done anything with imagery. The artist observes, selects, guesses, and arranges; every one of these operations presupposes a question at its outset. If he has not asked himself a question at the start, he has nothing to guess and nothing to select.”

So, is it that “Happy families are all alike; but every unhappy family is unhappy in its own way,” as Tolstoy asserts at the beginning of Anna Karenina? We may decide for ourselves. George Eliot’s preoccupation and recurring question was, “What to do with one’s life, how to use one’s gifts for the benefit of oneself and the world?” Or, as she asks in one of my favorite novels, Middlemarch, is it true “that things are not so ill with you and me as they might have been…owing to the number who lived faithfully a hidden life, and rest in unvisited tombs”?

I have said that I write political thrillers that aren’t political. By that, I mean that the work has no axe to grind, no point to prove. Sometimes the label “political” is lobbed around by readers or critics who are uncomfortable with a book’s subject matter, or the characters involved, and those inclusions in the story are what such people label (and dismiss) as “political.” Which is decidedly not what I’m talking about. In my work, I’m drawn to what lies behind the official explanations and stories we’re told. What is the flip side of the answer the powerful would like us to accept? What (if anything) is being concealed?

For example, a switched vote by a “faithless elector” has never altered the supposed result of a presidential election. But what if it did, what would it take? Who might orchestrate such a thing? How would they go about it? Those questions animated my first thriller, Faithless Elector, and new questions arose that drove me through the two following novels in the series, Dark Network and Emergency Powers. Early agent- and editor rejections for Faithless would praise the story, the characters (while nevertheless declining to pursue publication), but in two instances an agent wrote back, saying that “No one knows anything or cares about the Electoral College.”

I think they do now.

This isn’t too much of a spoiler, but readers are often surprised to find that neither of the parties is behind the conspiracy. Did I do it because I wanted not to offend anyone? No, when I asked the question, ‘who would do it?’ the story (and verisimilitude) dictated that it be an outside force, albeit one that is parasitic on a particular party. As a beginning, the novels I have written thus far ask, “What if?” and then go deeper:

In Faithless Elector, it was, What if a group of conspirators tried to steal the presidency by manipulating the Electoral College? In Dark Network, it was, How far might such people really go, and what happens when there is no law, only power? And in Emergency Powers, the questions was, Would Imogen have the stamina to sustain the investigation when everyone else wants to move on? (And why are those others so eager to move on?)

For my latest thriller, Bastard Verdict, I wondered, What if the first Referendum on Scottish Independence had been interfered with? How might it have been achieved? Would the conspirators be anxious to keep the lid on what they had done?

You can also read two of my recent short stories online. In “What’s Hidden,” the question is, “what do we owe to the dying and the dead?” In “Eight O’clock Sharp,” the question is, “is there freedom when the past doesn’t remember you?”

To write about one’s own time is to risk being dismissed as “political,” but to write about the here and now is always political. The beauty and substance comes from the questions we ask.

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James McCrone is the author of the Imogen Trager political suspense-thrillers Faithless ElectorDark Network and Emergency Powers–noir tales about a stolen presidency, a conspiracy, and a nation on edge. All books are available on BookShop.org, IndyBound.org, Barnes & Noble, your local bookshop, and Amazon. eBooks are available in multiple formats including Apple, Kobo, Nook and Kindle.

His latest book Bastard Verdict (18-May-2023), is a noir political thriller set in Scotland. His current, work-in-progress is a mystery-thriller set in Oregon’s wine country…A (pinot) Noir, called Witness Tree.

A Seattle native (mostly), James now lives in South Philadelphia with his wife and three children. He’s a member of the The Mystery Writers of America, Int’l Assoc. of Crime Writers, Int’l Thriller Writers, Philadelphia Dramatists Center and is the current president of the Delaware Valley chapter of the Sisters in Crime network. James has an MFA from the University of Washington in Seattle.

For a full list of appearances and readings, make sure to check out his Events/About page. And follow this blog!

“Novel Tetris” and What’s Hidden

Killer Nashiville Literary magazine recently published my short story, “What’s Hidden,” a mystery about a (possibly) stolen map that a son uncovers while helping his aging mother get her house and affairs in order. The story is organized around a Voltaire quote, and the idea that “To the living we owe respect, but to the dead we owe only the truth.”

It’s my most personal published work, and I’ve been very pleased by the responses it’s getting, not least because it’s something of a departure from much of what I’ve published so far. It has a first-person narrator (all of my novels are in third-person), and while it revolves around a crime, other forces compel the narrator.

You can check out the short story here: https://www.killernashville.com/short-stories/whats-hidden

It took almost two years for ‘What’s Hidden’ to find a home, and its publication came at just the right time for me, during a depressing crisis in faith.

My novel-in-progress, Witness Tree, has been painfully, maddeningly, embarrassingly slow in coming together. I wander the South Philly streets, mumbling about plot and character, crumpled papers full of cryptic (or indecipherable) scribbled notes sticking out of pockets like old, ragged Kleenex.

Finally, early in the week that I learned the short story was coming out, I had begun hacking away at parts of the book, a kind of “novel Tetris,” as my wife calls it, wherein I cut and moved scenes–sometimes whole chapters!–fitting them into different, more apt places in the story. Upon reflection, I might have called it “novel Jenga,” because every part that I moved either backwards or forwards in the story threatened some other part, or to destroy the whole thing.

I was genuinely worried over whether the novel would ever see the light of the day…or print. I also worried that it might not be crime-y enough, even as it starts with an execution-style murder. (That’s not a spoiler, it happens on page 2.) But as well as being about exposing the conspiracy that is the heart of the story, Witness Tree is again very personal–it deals with addiction, sobriety, failure of imagination, and issues of trust. And politics…because, yeah. I can’t help myself.

As I pulled apart and reconstituted the book, I found that certain ideas or passages just didn’t work. In the end, along with all the moving around, I cut 5,000 words and two characters. Now I have to construct a new bridge between some later chapters, but I feel like I’m on the right track, and having a short story “out there,” has helped my mood and confidence immeasurably.

I’m still worried, of course, but less so.

And in my world, “less worried” feels like a win.

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James McCrone is the author of the Imogen Trager political suspense-thrillers Faithless ElectorDark Network and Emergency Powers–noir tales about a stolen presidency, a conspiracy, and a nation on edge. Bastard Verdict, his fourth novel, is about a conspiracy surrounding a second Scottish Independence referendum. All books are available on BookShop.org, IndyBound.org, Barnes & Noble, your local bookshop, and Amazon. eBooks are available in multiple formats including Apple, Kobo, Nook and Kindle.

He’s a member of Mystery Writers of America, Int’l Assoc. of Crime Writers, and he’s the current president of the Delaware Valley chapter of Sisters in Crime. He lives in Philadelphia. James has an MFA from the University of Washington in Seattle. His current, work-in-progress is a mystery-thriller set in Oregon’s wine country…A (pinot) Noir, called Witness Tree.

For a full list of appearances and readings, make sure to check out his Events/About page. And follow this blog!

You can also keep up with James and his work on social media:
Mastodon: @JMcCrone
Bluesky: @jmccrone.bsky.social
Facebook: James McCrone author (@FaithlessElector)
and Instagram/Threads “@james.mccrone”

The Big Lie is smart, surprising and beautifully rendered.

The Big Lie, the latest Shane Cleary novel from Gabriel Valjan is smart, surprising and beautifully rendered. This is the fifth book in the series, and Valjan’s keen eye for detail, strong characters and narrative control, shine through this tale. Cleary, an ex-Boston cop, now a PI, is that rare person, an honest man in a world of shadows, lies and crime. Fans of Valjan’s Shane Cleary series (and I count myself as one!) know that things are complicated for Cleary. But as compelling as the unfolding plot is, there’s immense satisfaction in the way he does the job and finds his way through to something honorable.

The story begins when Southie’s most dangerous criminal hires Cleary to find his lost dog. Cleary is willing to refuse the job, except Jimmy says that he has information about Cleary’s father’s death years earlier. But only if he finds the dog.

Everything screams he shouldn’t take the job, but Shane can’t resist Jimmy’s added ‘incentive.’ Add in some other favors he’s asked to do, some rival gangsters, dirty cops and an overzealous DA, and you have the kind of tasty recipe only Valjan can bring to the table. The notion of “the big lie” looms throughout, touching on various aspects of the evolving case. And Shane can’t help but think his client just might kill him anyway after he finds the dog. To say much more would be to spoil the fun.

Highly recommended!

(I read an advance copy of The Big Lie via NetGalley, in exchange for an honest review)

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James McCrone is the author of the Imogen Trager political suspense-thrillers Faithless ElectorDark Network and Emergency Powers–noir tales about a stolen presidency, a conspiracy, and a nation on edge. Bastard Verdict, his fourth novel, is about a conspiracy surrounding a second Scottish Independence referendum. All books are available on BookShop.org, IndyBound.org, Barnes & Noble, your local bookshop, and Amazon. eBooks are available in multiple formats including Apple, Kobo, Nook and Kindle.

He’s a member of Mystery Writers of America, Int’l Assoc. of Crime Writers, and he’s the current president of the Delaware Valley chapter of Sisters in Crime. He lives in Philadelphia. James has an MFA from the University of Washington in Seattle. His current, work-in-progress is a mystery-thriller set in Oregon’s wine country…A (pinot) Noir, called Witness Tree.

For a full list of appearances and readings, make sure to check out his Events/About page. And follow this blog!

You can also keep up with James and his work on social media:
Mastodon: @JMcCrone
Bluesky: @jmccrone.bsky.social
Facebook: James McCrone author (@FaithlessElector)
and Instagram/Threads “@james.mccrone”