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The fact that this is optional at all is just fucking wild. So much of our government has apparently been operating on a simple gentleman's agreement and it's only stood up because nobody challenged it until now. We're so absolutely fucked.
Politicians have been challenging it from the beginning, it's just most of them had the good sense not to do it so overtly. Trump doesn't worry so much about that because he's successfully convinced a large segment of Americans that up is down, black is white, and that he is the messiah.
It's not optional: https://newrepublic.com/post/188300/donald-trump-presidential-transition-breaking-federal-law
There just just aren't any explicit other rules to prevent inauguration. Seems like they fucking should have thought of that.
If there's no consequences of not doing it, it's effectively optional. Just like pretty much all other laws and regulations designed to keep politicians acting in good faith and/or held accountable by the public from stepping over the lines..
Related, "If the penalty for a crime is a fine, then that law only exists for the lower class"
There would need to be real penalties, with enforcement. Turns out we have neither.
The penalty is not having funds released, and in place organizations and workers not being able to interface with the transition team. These shitheads do not care anyway though, because the goal is to ransack the country.
So why aren't they arresting him?
Everything is optional when you have enough power.
In the end, democratic government requires some amount of good faith. You can harden it a little, but there's only so much you can do.
The problem is that we have elected someone with so little regard for laws and people.