The Succession Game

[SteveRogers]

I'm gonna try to write a timeline now. If the beginning seems too action thriller-esque to you, bear with me. I promise the story switches gears pretty quickly and gets into the politicing and elections and whatnot and some cool constitutional crises.

Prologue

February 12, 2013
8:50pm EST

Ames, Iowa

Secretary of Energy Steven Chu sits in the back of an Air Force operated Gulfstream IV jet on the way back to Washington D.C. from a speech at Iowa State University. He is accompanied by a team of secret service agents and one aide with a briefcase attached at the wrist.

Secret Service Agent: Alright Mr. Secretary, we’ll be taking off in 5 minutes. By the time we get back to Washington, the speech will be over and this mission will be a wrap.

Steven Chu: Then you won’t have to babysit me anymore.

Secret Service Agent: You’ll be free to go as soon as we touch down.

Chu: I'll tell, one thing I'm not going to miss when I retire in two months is this designated survivor business. How come the President never makes Holder or Napolitano do this?

CNN - 9pm EST

Wolf Blitzer: We’re just moments away from the President’s State of the Union address. We’re getting word now that the President has arrived at the Capitol. Let’s listen in.

Sergeant at arms: Mr. Speaker, Mr. Vice President, the President of the United States!

Applause

Mr. Speaker, Mr. Vice President, Members of Congress, fellow citizens: Fifty-one years ago, John F. Kennedy declared to this Chamber that ‘the Constitution makes us not rivals for power but partners for progress…"It is my task," he said, "to report the State of the Union – to improve it is the task of us all."

Suddenly a rumbling is heard. The camera seems to shake a bit, and the sound of glass shattering can be heard. Everyone in the Senate chamber looks around startled. Seconds later there is a bright flash of light followed by black as the camera cuts out.


Secretary Chu’s Plane

Secret Service Agent: Mr. Secretary, something’s happened.  There’s been an explosion at the Capitol.

Chu: What? How? How bad is it?

Secret Service Agent: We don’t know yet, but right now we need to get you to a secure location. We’re too far away from any of the emergency bunkers. Our continuity of government plans say we turn this plane around and reroute to Offut Air Force Base in Nebraska.

Chu: Nebraska?

Agent: We need to get you airborne on a more secure transport ASAP.

Chu: Air Force One?

Agent: The other plane sir…

[SteveRogers]

CNN 9:15 pm EST
Wolf Blitzer: If you’re just joining us, catastrophe has struck the United States Capitol. We’re just now getting pictures of a plume of smoke rising from a leveled capitol building. We’re also seeing what appears to resemble a trail of smoke hanging in the sky. We’ve received many calls from D.C. residents who reported seeing a bright object streaking across the sky moments before the explosion. We’re also hearing that windows have been shattered throughout the city.

9:57 pm EST

Secretary Chu and his Secret Service Detail board a Boeing E-4B at Offutt Air Force Base near Omaha, Nebraska. Officially known as the National Airborne Operations Center, the aircraft is often colloquially referred to as the President’s “Doomsday Plane.”

Onboard the National Airborne Operations Center

Colonel: Sorry for the fast takeoff sir. Welcome aboard NAOC. My orders are to escort you to the onboard situation room.

Coms Officer: Mr. Secretary, we’ve established video links with General Jacoby at NORAD, General Kehler of USSTRATCOM, and Acting Director Michael Morell at CIA. We’re trying to get a hold of the Director of FEMA as we speak.

General Charles H. Jacoby, U.S. Army- Commander USNORTHCOM, Commander NORAD

General C. Robert Kehler, USAF- Commander U.S. Strategic Command

Michael Morell- Acting CIA Director

Gen. Jacoby: Mr. Secretary, what we know is this. At approximately 9pm, the capitol building was struck by a large explosion during the President’s state of the union address. We’ve got F-16s in the air providing images now. It appears we’re looking at the near total destruction of the Capitol premises and the surrounding area. One of CIA’s satellites will make a pass shortly. We’ll know more then.

Mr. Secretary, we need to take certain steps now that require authorization from National Command Authority. Rescue efforts are underway, but unfortunately we have to assume that the President, Vice President and all other cabinet members are either dead or incapacitated. In accordance with the line of succession, we are prepared at this time to recognize your authority as Acting President.

Chu: I… understand.

Morell: Eyewitnesses on the ground are reporting seeing a glowing contrail in the sky over DC just before the explosion.

Chu: A contrail? You mean from a missile?

Jacoby: It would appear so.

Morell: We’ve got a rough analysis of the satellite imagery coming in now. I’m patching our analyst through.

CIA Analyst: Mr. Secr… uh… Mr. President, our images show total destruction of the Capitol building and widespread devastation within a blast radius of about three quarters of a mile around the capitol. Our estimates are preliminary, but what we’re seeing is consistent with an explosion in the neighborhood of ten kilotons at ground level. We’re waiting on FEMA’s ground teams to check for radiation, but…

Chu: But there’s no conventional explosive that can produce that kind of energy, is there?

Gen. Kehler: No sir, certainly nothing you could put on a missile. Sir, we need to take our forces to DEFCON 2 immediately.

Chu: Do what you need to do. We need to evacuate the city. The radiation…

Jacoby: The National Guard is being mobilized to assist with evacuations as we speak.

Kehler: A decapitation strike could be the first step before a larger attack. We need to prepare a military response.

Chu: A response? Against who?

Jacoby: If it was a Russian or Chinese ICBM we would have detected the launch. Our early warning radars didn’t pick up anything. We’d also expect all of D.C. to be in ruins right now. This doesn’t fit our scenarios.
Kehler: It could have come from a shorter range missile. A cruise missile from a sub or an aircraft. Or something smuggled in by Iran or North Korea…

Morell: Neither of which possess any nuke that could fit on a missile, much less a low-yield tactical bomb. We haven’t received any intelligence about an impending attack from any of the usual suspects.

Chu: This doesn’t make sense.

Cape Canaveral, Florida
10:13 pm EST

A man talks on the phone while frantically jotting down notes on a piece of paper.

Man: You’re sure? And the entry angle and direction match? Alright. I need General Shelton’s number from Air Force Space Command. I need to make a call before someone starts World War III.

...

General Shelton, this is Charles Bolden. I've got some information you need to hear. That was no missile.

[Thomas D]

I'm intrigued.

[Consciously Unconscious]

Very intriguing.   The State of the Union address would really be the perfect time for a bomb or something.  Almost everyone in the line of succession would be dead... Please continue.

[Atlas Has Shrugged]

This is awesome! I hope there are not any more of what appears to be suitcase nukes.

[Enderman]

Lets'a go!

[Rocky Rockefeller]

I'm liking this so far!

[H.E. VOLODYMYR ZELENKSYY]

Keep up the good work!

[Pessimistic Antineutrino]

Looks good! The whole line of succession wiped... interesting premise.

[SteveRogers]

Acting President Steven Chu in the NAOC situation room

February 12, 2013
10:45 pm EST
NACO- en route to Peterson Air Force Base

Acting President Steven Chu is still onboard NAOC conversing with his ad hoc national security team via video conference.

Gen. Jacoby: … so Cheyenne Mountain Complex is the most secure location for you right now. We’ve activated the site, and I’m transferring my own NORAD operations there as we speak.

Coms Officer: President Chu, we’ve finally reached FEMA Administrator Fugate. Putting him on speaker now.

FEMA Administrator W. Craig Fugate

Craig Fugate: Sorry it took us so long to reach you. There’s a lot of confusion on the ground here.

Chu: What’s the situation in D.C.?

Fugate: Impact occurred just outside the southernmost wall of the capitol building. The building is gone, sir. The House Chamber is in a crater. There won’t be any survivors there.

Chu: My God. The President... The Vice President…Congress…

Fugate: According to the Presidential Succession Act, after the Speaker and the Senate President pro tempore...

Chu: I'm 15th in the line of succession...

Fugate: Sir, you're the only one left now. According to the constitution and the law, you are our Acting President, and you're all we have for now. I'm sorry. You need to know that our teams have detected no radiation at the site. 

Chu: No radiation? Then what hit us?

Fugate: We’re still trying to figure that out

Chu: Generals, We know the attack came from the air, but a nuclear missile wouldn’t have detonated on the ground, would it?

Gen. Kehler: No sir. A nuke would have detonated at optimum burst altitude. It could have been a malfunction. That would point to someone who doesn’t know what they’re doing. 

Fugate: Excuse me Mr. President, one more thing. We’ve located two members of congress who were not present at the State of the Union address. Congressman John Kline of Minnesota was asked by the House leadership to act as a designated survivor, and Senator Rand Paul was on his way to the National Press Club to prep for his response to the State of the Union. Both of them have been escorted to our secure complex at Mount Weather.

Gen. Jacoby: Mr. President, hold on one moment. I’m getting a call I think you should hear. Alright, patch him through.

Charles Bolden: Mr. President, this is Charles Bolden, NASA Administrator.

Charles Bolden- NASA Administrator

Bolden: At approximately 8:59 Eastern time, several of our satellites detected an asteroid entering Earth’s atmosphere over the Atlantic Coast. From what we can tell the object was about 17 meters in length, had a mass in the ballpark of 10,000 tons, and was travelling at 60 times the speed of sound. Now, most of it didn’t make it to the ground. We think the meteor exploded about 23 kilometers up. The air burst was massive. We’re hearing that detectors around the world picked up the shockwave circling the Earth. Twice. Videos from D.C. residents taken minutes before the explosion at the capitol are starting to pop up on YouTube. They’re all showing a fireball brighter than the sun streaking through the sky just east of D.C. The fireball, the low angle of approach, the glowing trail, the explosion: it’s all consistent with what astronomers call a bolide, or an extremely bright meteor. Now, we think a relatively small portion of this meteor may have broken off and continued on to a ground impact somewhere in D.C. Sir, we weren’t attacked. We were hit by a meteorite.

[Thomas D]

Wow. What are the odds?

[MadmanMotley]

This is freaking awesome.

[Enderman]

Tunguska 2.0! DC style!



http://en.wikipedia.org/wiki/Tunguska_event


^for those who don't know....

[badgate]

This is great!!

[SteveRogers]

Tunguska 2.0! DC style!



http://en.wikipedia.org/wiki/Tunguska_event


^for those who don't know....

Yep. But for those wondering about a semi-realistic divergence point from our reality, see this:
http://en.wikipedia.org/wiki/Russia_metor_explosion

[SteveRogers]

Wow. What are the odds?

Well, pretty slim obviously. BUT, thee days after the 2013 State of the Union, an asteroid DID enter Earth's atmosphere and explode over a Russian city, causing widespread damage.

I thought it'd be interesting to write a story about the reconstitution of the government after a catastrophic event, but I didn't want the whole thing to take place during World War III. This was the most plausible thing I could come up with.

[badgate]

Excited to find out what happens next. Will there be a special Presidential in 2014 for a 2 year term? Will Chu stay President until January 2017? How will congressional and senate vacancies be dealt with? Oh and were there any Governors or members of SCOTUS in the Capitol? These are all rhetorical. I'm just intrigued by the possibilities here

[SteveRogers]

Excited to find out what happens next. Will there be a special Presidential in 2014 for a 2 year term? Will Chu stay President until January 2017? How will congressional and senate vacancies be dealt with? Oh and were there any Governors or members of SCOTUS in the Capitol? These are all rhetorical. I'm just intrigued by the possibilities here

Those are all exactly the right questions to be asking

[Pessimistic Antineutrino]

Are Paul and Kline the only ones left? Or are there more absentees roaming about?

[Enderman]

Are Paul and Kline the only ones left? Or are there more absentees roaming about?

I'd assume (like in 9/11) that some have survived in the collapse of the Capitol... give it three days and they'll start to be saved...

[SteveRogers]

Are Paul and Kline the only ones left? Or are there more absentees roaming about?

I'd assume (like in 9/11) that some have survived in the collapse of the Capitol... give it three days and they'll start to be saved...

Some personnel ended up surviving in parts of the Capitol building, but the South wing where the State of the Union was held was completely obliterated. 

[SteveRogers]

Are Paul and Kline the only ones left? Or are there more absentees roaming about?

I tried my best to research who all was actually at the State of the Union. I can't find any record of anyone else who might have been absent.

[SteveRogers]

Chapter 1: Recovery

“… Together we must mourn the loss of monumental Americans such as President Barack Obama, Vice President Joseph Biden, Speaker John Boehner, and so many others…
… the good news is that we now know that this was an isolated incident. America is not under attack. There are no more incidents to come.

… As unprecedented as this situation is, our Constitution provides us with a path. Article II of the U.S. constitution gives to congress the authority to decide, in the event of the death of the President and Vice President, “who then shall act as President.” According to the Presidential Succession Act of 1947, that heavy burden now falls on me. I do not take it lightly, and I shall to the best of my abilities carry out the duties of that high office. But make no mistake, I recognize that I am your acting President. I was never chosen by the people. I never asked for this role, and at the first opportunity I plan to hand it off to a more worthy successor…

As for your legislature, our nation’s founding documents provide for that branch’s rehabilitation as well. The Constitution provides that the states may empower their executives to fill vacancies in the United States Senate. Well, for the first time in our country’s history, the governors of the various states will be charged with selecting temporary appointments to the entirety of the U.S. Senate. Over the next few days I will personally be making calls to the governors of all fifty states to discuss the best way to move forward. I cannot tell them what to look for in replacements for the Senators their states have lost, but I would ask them to remember that a mere three months ago the people made a choice as to who to elect. Now is not the time to play political games. The people deserve to have their choices respected. The people deserve a resumption of normalcy. They deserve continuity.

The House of Representatives has always been the people’s house. Those vacancies can only be filled by a vote among the citizens of the United States. The laws of the various states dictate how and when special elections to fill those vacancies shall occur. While we must respect the rights of the various states to proceed at their own pace, this is an unprecedented situation. For the first time since 1789 the entire U.S. House of Representatives must be chosen anew. Every state deserves to have their delegation present at the onset of the new Congress. Accordingly, I have asked my advisors to put together a proposal for a timeline for a uniform nationwide congressional election, and I will be asking every state legislature to enact emergency legislation to bring their elections into accordance with this timeline.”

Acting President Steven Chu, Address to the Nation from Peterson Air Force Base,  6 am EST February 13, 2013

CNN
February 14, 2013

Anderson Cooper: Those were excerpts from the Acting President’s speech yesterday. We’re joined now by our senior legal analyst, Jeffrey Toobin. Jeffrey, President Chu mentions the idea of “handing off” the presidency to a more worthy successor.  Does Steven Chu mean a democratically elected President? What is he talking about? What options are on the table?

Toobin: Well there are several ways this could go. As you know Steven Chu is technically Acting President right now, even though in this case that could mean he serves out the rest of Barack Obama’s full term. One thing he could do once Congress is operational again is nominate a Vice President and then resign. That VP would then become President for the rest of the term. Full-on President, not just Acting. That VP would first need to be confirmed by the House and the Senate.

Cooper: Some people have talked about having a special election in the near future for president. Is that a possibility?

Toobin: Technically I suppose it’s possible. The Constitution leaves it up to congress to determine the date for choosing electors for president and the date for the electors to meet and cast their votes. Congress also gets to decide how an Acting President is chosen. Right now federal law sets the next Presidential election for November 2016. Theoretically Congress might be able to pass a new law allowing for an earlier election to fill the remainder of the term. Of course, once again, you’d need a congress to pass that law.

Cooper: So President Chu will have to work with the new Congress to determine how to move forward?

Toobin: It’s even more complicated than that. You see, once a new congress is put in place, Mr. Chu might not be the president anymore. That’s where things get tricky…

[SteveRogers]

February 14, 2013

The White House

President Chu: Tell me where we’re at.

James Cole- Deputy Attorney General. Currently Acting Attorney General

James Cole: All of the deputy cabinet officials, myself included, are prepared to carry out their duties as acting cabinet secretaries. You can’t nominate a permanent cabinet until you have a Senate, but the Executive branch of the Federal government will continue functioning relatively normally for the time being. 

As you know, we lost the Joint Chiefs as well. Again, you can’t appoint replacements without Senate approval. The Pentagon will be assigning temporary liaisons in the meantime. You can however appoint a National Security Advisor at your discretion. Defense, State, and DHS can help you put together a shortlist.

The biggest problem right now is that our country’s legislative and judicial branches are crippled. The first Senate appointments should start rolling in by the end of this week. Depending on the laws in their states, some of those temporary appointees will serve for a few months before a special election fills the remainder of their term. Others may be serving until 2014. The House is going to take time. With any luck we can get most of the House vacancies filled by sometime in mid-May. Hopefully most of the states will adopt our proposal for a uniform election day. That will make the transition smoother.

Right now America only has one Congressman and one Senator. It shouldn’t matter right now, but they’re both Republicans. The good news is neither one seems to be angling for a promotion. Yet.

Chu: Is that something we should be worried about?

Cole: As you know sir, the Presidential Succession Act says that if there’s no President or Vice President, the Speaker of the House acts as President. If there’s no Speaker, then it goes to the Senate President pro tempore. If there’s no Speaker or Senate President, then there’s a list that goes down through all the cabinet secretaries. That’s how you got here. Here’s the thing though: the act says that a cabinet member acting as president only does so until a Speaker or Senate President qualifies. At that point, whichever of them takes precedence can “bump” you out of office so to speak and take over the White House for the rest of the term.

Chu: How many members do the House and Senate need to elect those officers?

Cole: The short answer to that is that no one has any earthly idea. I don’t think Paul or Kline will try to claim the position by themselves, but we have to face the fact that someone’s going to make a play as soon as Congress is partially repopulated. The Senate’s going to come back online first, so they’ll have the first shot at electing a presiding officer. Technically they’ll be voting for their President pro tempore, but basically they could effectively be picking the next President of the United States.

Chu: I’ve been speaking to the governors, asking them to respect the results of the last election.

Cole: Some of them might listen, but 30 of the 50 states have Republican governors right now. I don’t see any way we don’t end up with a Republican Senate.

Chu: What if I appoint a Democratic Vice President and then resign?

Cole: They’d need to be confirmed by both Houses of Congress. You’d need to cut some kind of deal with congress to let you make the appointment before they go ahead and elect their officers. It all depends on how partisan Congress is feeling. Same with trying to get legislation passed for a special presidential election.

Chu: So if the Senate wants to pick their own Republican President, there’s nothing I can do to stop them.

Cole: There is some question as to the constitutionality of the “bumping” provision in the Succession Act that could form the basis for a legal challenge, but that’s the kind of question that would normally need to be decided by…

Chu: The Supreme Court.

Cole: Which brings us to the third branch of government. We lost six justices three days ago.

Chu: How many justices do you need to hear a case?

Cole: The Supreme Court needs six justices to have a quorum. Right now we’ve got three: Justices Thomas, Scalia, and Alito all skipped the State of the Union. None of them are likely to be our friends.

Chu: We’ve got to do something. I never signed up for this. I’m a physicist, not a president. I’m not qualified to run a country. America deserves a real leader. We need to come up with a plan.

Baton Rouge, Louisiana
February 15

Governor Bobby Jindal is taking an unexpected phone call.

Bobby Jindal: What’s this about?

Man on phone: Someone needs to take action. I’m calling in a lot of political favors to make calls like this one happen.

Jindal: Why me?

Man: Because you’re the chairman of the Republican Governor’s association, and you’re flying to D.C. tomorrow for an emergency meeting of the governors.

Jindal: What do you want?

Man: I want 2 minutes in the room with them.

Jindal: Why?

Man: Because I have a plan.

Jindal: A plan? To do what?

Man: We’ve been handed an opportunity. A chance to rebuild the party from the ground up.

Jindal: You mean reorganizing the Senate…

Man: Look at the bigger picture. I’m talking the Presidency. I’m talking the Court, the next 50 years.

Jindal: I’m listening.

[badgate]