This is a coup to make the rule of law and the constitution irrelevant. Fascist systems have always worked via this playbook - they do everything just within the law… until the law no longer matters, and then they do whatever the hell they want.
As someone said elsewhere (on HN, to be exact):
People seem to think that:
- Auto-coups don't exist
- Coups require tanks on the street
- Once a coup is started it will succeed.
This is a an auto-coup, where the president is trying to seize power that is not granted by elections, and trying to make the legal system irrelevant. All in the name of urgency and saving the country (we call them "salva patrias" in Spain for a reason). No one can vote for this. Voting a president does not make the president all powerful.
Also, this coup does not need to succeed. We saw this recently in South Korea. This will only succeed if people don't oppose it. Don't believe them when they make you feel like you already lost. Finally, the game has changed for the supporters of democracy. This is no longer about writing stern worded letters, if you catch my drift.
(references: I was born in a dictatorship and I lived through a failed military coup)
But the problem is that if there is to be any real legitimacy for the defenders of democracy, there must be a lot of care taken.
I have read many accounts and descriptions of the Nuremberg trials, and while it would be on much shakier legal ground in a modern court of law, they did an exemplary and even unprecedented job with the tools and processes available to them in 1945.
And documentation - obsessively excessive documentation and evidence - was at the heart of the success behind those trials. As it will be for America in the future.