Unmoored, Drifting Toward Dictatorship

I don’t know how this situation ends. I do know that I’m glad I am an old man, not a young man. I know that rending your garments, and then burying your head in the sand, will not help. And, most important, I grasp that the first step toward a proper remedy for this hot mess—if there is a remedy to be had—if a proper understanding of the cause of the hot mess.

The Underlying Cause

The cause lies not in the personality disorders of Donald Trump, nor in Bill Barr and whatever it is that has made him take leave of his senses.

The cause of our present drift toward autocracy lies in the fact that a good portion of our population has come to believe two things:

  • that they are sliding off a demographic slope that will soon keep them from winning any more elections, and that
  • losing to the other side will be disastrous to all they hold dear.

Based on those two premises, they have reasoned that if democracy will produce disastrous results, then they must embrace autocracy instead.

Who Has Embraced this Autocratic Project?

We know the answer: generally speaking, the rural rather than the urban and suburban population; people who live in poor areas rather than people in economically productive areas; people with less education rather than people with more education; white people rather than non-white people; men rather than women.

Will the Urban and Suburban Population, the Educated Population, the Non-White Population, and the Women Accept Dictatorship without a Fight?

No, they will not.

Will the FBI, the CIA, the Justice Department, and the Foreign Service Accept Dictatorship without a Fight?

No, they will not.

And How Will the Plutocracy and the Corporate Elite React?

Well, to begin with, we may assume that most of them will view this from the standpoint of monetary self-interest, not morality. And, sitting in the board room of a Fortune 500 company, it may seem tempting to embrace a corrupt, autocratic, “business friendly” regime. Some will succumb to the temptation.

But from a larger perspective, there is a grievous cost to be paid for joining in an attempt by the least educated and the least productive people in the nation, to step on the throats of the best educated and the most productive part of the population.

Such a thing is not really good for business.

2018 and 2020

These kinds of choices were beginning to become clear in the 2018 elections.

As 2020 rolls around, the Hogwarts sorting hat will go into overtime.

There will be more and more Nuremberg rallies. Probably one or two every day.

There will be, as Ed Sullivan used to say, a Really Big Shew going on in the Senate.

There will be a time of reckoning.

**

This is my first post of the day. So, it’s gratifying that I already have readers from Georgia (the country), Kenya, India, Mauritius, New Zealand, Pakistan, the Philippines, Tanzania, and the United States. Please pray for us.

The Problem with Embracing Shameless Lying as Your Superpower

apocalypsis

In the material quoted in the immediately preceding post, Paul Waldman argues, in substance, that Republicans have forgotten that they have eaten of the fruit of the tree of the knowledge of good and evil. That they have become prelapsarian men. That they believe that shamelessness is their superpower.

And, indeed, that is exactly what they seem to believe.

Let me tell you what I believe. But, first, to be precise, let me say what I mean by “believe.” I can be as sentimental as the next guy, but I speak here not of sentimental beliefs about a wonderful world—

Rather, I speak of the world as I actually understand it to be. And it’s generally not wonderful, at least for a lot of people a lot of the time.

That said, in the world as it actually exists—seen with brutal, cynical honesty—there remains a fundamental problem with incessant, shameless lying.

The problem is that if you are a shameless liar, there will come a time when people stop believing you.

And if no one believes you, that is a problem.

Their Superpower

superpower

Paul Waldman writes,

Let us be clear: It’s not as though Republicans were hesitant to lie before Trump came along. Tax cuts for the rich pay for themselves, Saddam Hussein is going to attack us with his weapons of mass destruction, we’ll protect Medicare, voter fraud is rampant, etc.

But they put some effort into their lies, building them off pieces of reality and providing ballast for them with (frequently bogus) supporting evidence. Though they were willing to deceive the public, they hadn’t completely given up on the idea that it’s better to pay lip service to honesty, to retain a reputation as a reasonable participant in public debate even when you’re not being reasonable. They still had some glimmer of shame.

But Trump taught them that shamelessness can be a kind of superpower. If you don’t care whether journalists (let alone your political opponents) point out your lies, then you have been liberated.

And if you stop caring what anyone except your most committed supporters believes, then not only can you ignore the truth, in Republicans’ case, you have to.

When Republicans say the I.G. report has proven their conspiracy theories right or that Trump only pressured Ukraine to investigate Biden because he is deeply committed to fighting corruption, they know they’re lying. But they also know they have to lie, because it’s what their conservative constituents demand.

Every Trump lie comes with its own warning to Republicans: Back this up, or else. They know his lie will quickly be echoed by conservative news outlets. If you’re a Republican member of Congress, you turn on Fox every day and say, “This is what my constituents are hearing.” You know that if you contradict the Trump/Fox narrative, you’ll be attacked as a traitor and your political survival will be at risk.

Even if Trump loses reelection, that media system and the voters Republican officeholders represent will remain. The patterns of behavior that have been built up over the years will be difficult to undo, as they keep insisting every Republican defeat is a victory and everything a Democratic president does is a horrific crime. They will keep lying and keep insisting that to question their lies is to betray their cause.

They will be Trumpists without Trump, knowing that their audience and constituents expect nothing less. And their poison will continue to infect our democracy.

Have a nice day, everyone.

If They Won’t Admit the Proven Facts, Then They’re Admitting the Proven Facts are Really, Really, Really Terrible

Engine Facts

For a long time, Bill Clinton lied about sex. For a long time, prominent Democrats faced the camera and solemnly declared that they believed Clinton’s lies. But, eventually, Clinton and his supporters reached a point where they were forced to admit the truth. There ensued a national debate about whether perjury about sex should or should not be considered impeachable. It was a matter of judgment then, and, IMHO, it’s a matter of judgment today. But, after as good deal of toing and froing, the majority of Americans reached a consensus. And that consensus answer was no, committing perjury about sex should not be impeachable.

At this point in l’affaire ukrainienne, Republicans aren’t admitting the proven facts. And they may never move on—instead, putting their faith in gaslighting, bluster, and distraction.

It is time for Democrats to begin to argue that, if they can’t admit the facts, then they are plaining admitting that the facts show impeachable conduct. It’s time to argue that Republicans are waiving the bad-but-not-impeachable defense.

A Little Poetry

In the meantime, please join me in savoring Jonathan Chait’s poetic dissection of poor Stephen Castor, Esquire:

The House Republican impeachment defense of President Trump has been an experiment in pointillistic surrealism, in which disconnected pieces of information — some true, some false — are slushed together into a dreamlike haze in which nothing is certain. The most emblematic moment in this defense came during Monday’s impeachment hearings when Steve Castor, the Republican lead counsel, answered a series of simple, obvious questions about President Trump’s motives to discredit Joe Biden.

Or at least the questions were expected to be simple and obvious. In Castor’s hands, they were rendered obtuse and enigmatic.

“Would you agree that Joe Biden was a leading contender to face President Trump in 2020?,” asked the Democratic lawyer. Castor shook his head, “I wouldn’t agree with that.” …

Castor refused even to concede that Trump had asked Ukrainian president Volodymyr Zelensky to investigate the Bidens. For the record, here is the portion of the phone call between Trump and Zelensky in which Trump requested an investigation of the Bidens:

“The other thing, There’s a lot of talk about Biden’s son, that Biden stopped the prosecution, and a lot of people want to find out about that so whatever you can do with the attorney general would be great. Biden went around bragging that he stopped the prosecution, so if you can look into it … It sounds horrible to me.”

The Democratic lawyer displayed this passage and asked Castor, “President Trump was asking Ukrainian president Zelensky to have the Ukrainian officials ‘look into’ the Bidens, correct?”

“I don’t think the record supports that … I think it’s ambiguous,” Castor insisted.

Words can mean anything. Maybe Biden isn’t actually running for president at all.

A Little Analysis

I find it demeaning and offputting to spend my time dissecting nonsense in great detail. Fortunately, Kim Wehle, a law professor and former prosecutor has done it for us. If this sort of thing appeals to you, please check out The Trump Defenders Make Their (Weak) Case: They still can’t explain why the pr4sident withheld aid from Ukraine.

Walks Like a Duck, Talks Like a Duck

Apparently, after I tuned out yesterday, things did not go so well for the Republicans’ counsel. In The GOP: If it looks, swims and quacks like a duck, it’s an avocado, Dana Milbank writes,

“Would you agree,” Democratic counsel Berke asked, “that Joe Biden was a leading Democratic contender to face President Trump in 2020?”

“I wouldn’t agree with that,” replied GOP lawyer Steve Castor with a dismissive shake of the head.

“President Trump was asking Ukrainian President Zelensky to have the Ukrainian officials look into Joe Biden?” Berke asked.

“I don’t think the record supports that,” Castor replied. (In the White House rough transcript of the call, Trump literally asks Volodymyr Zelensky to “look into” Biden.)

Castor further disputed that Ukraine’s announcement of a corruption investigation into Biden would have hurt him politically and that Trump hadn’t cooperated with the impeachment inquiry. Asked why he had mischaracterized witness testimony (he left out bits calling Trump’s call “inappropriate” and “political”), Castor replied: “We didn’t misquote her.”

This Morning’s House Judiciary Committee Hearing

game's afood

I turned it off when the 41 committee members—or however many there are—began their “five minute rounds.” Because how much fun can one human being stand? Here are just a few observations on what I did see.

Stephen Castor’s Rotten First Speech

Stephen Castor, Esquire, the Republicans’ lawyer did not, in my view, help his case one whit by an opening statement ignoring the issues raised by the Democrats, focusing instead on bias and process. If I shot Cock Robin on Fifth Avenue, I might argue that the prosecutor is biased against me, and that might even be true, but I still shot Cock Robin on Fifth Avenue.

Stephen Castor’s Workmanlike Second Speech

But when it came time for the respective counsel’s “testimony,” later on in the morning, another Republican lawyer showed up. Oddly, he was also named Stephen Castor, Esquire. The second attorney Castor’s job was to muddy the waters, factually. I have neither the time nor the inclination to express a view on every single point. Overall, though, my impression is that the second Stephen Castor, Esquire, did about as good a job for his side as could be done.

Doesn’t mean that he succeeded. Not by any means. But he did give the appearance of trying to meet the case against his client, not just yelling like a basshee.

Hence the picture I chose for the top of this post: the issues are joined. The Game is Afoot.

The Biggest Questions

IMHO, the most important factual questions remain: Why did Trump restore the aid? and Why did Trump restore the aid, when he did—which was right after he learned of the whistleblower?

Stephen Castor the Second got to this point rather late in his presentation, and I didn’t catch all the details. But I believe he was trying to argue that there was some kind of legitimate interagency review going on in early September, and that review was just about to lead to the restoration of the aid—when, as a matter of chance, happenstance, and random bad luck (for the Orange Man), news of the whistleblower came out.

True or False?

Now, this claim by Stephen Castor the Second is either true or it is false. If it is true, then there should be lots of documents backing it up. As far as I know, no such documents have been disclosed.

So, where’s the evidence for the Republicans’ alternative narrative?

Where’s the Whistleblower?

Stephen Castor the Second, being an actual lawyer rather than a random spaghetti thrower, said almost nothing about the whistleblower—the one Shouty Shirt and the rest of the sorry crew had ranted about. And why, pray tell, might Stephen Castor the Second have elected not to emphasize the whistleblower? Oh, what a mystery. Oh, what a conundrum.

Or, maybe not. Stephen Castor the Second did not want to draw attention to the whistleblower, because drawing attention to the whistleblower would only detract from his alternative narrative about why and when the Ukrainian aid was restored.

The Obstruction Question

My last observation relates to Castor’s effort to refute the obstruction charge. Think of it this way. Let’s say I’m a four-year-old, playing marbles with several other four-year-olds. One of them, Doofus Donald by name, gets mad with the rest of us for no good reason. So Doofus Donald says, “I’m taking my marbles and going home,” when he then proceeds to do.

I take it that the game’s premature end is our fault, because the rest of us didn’t chase after Doofus Donald and beg him, pretty please with sugar on top, to come back and bring his marbles.

No, Stephen Castor the First, and no, Stephen Castor the Second, that dog won’t hunt.

Trump and Cassandra

Maureen writes,

He brings to mind the paradox of Cassandra. Her gift was that she could see into the future, but her curse was that no one believed her. Trump’s triumph is that he has sought attention his whole life and now he can command all the attention in the world. But his curse is that the attention he attracts is largely ridicule and repulsion.

A Posture of Aloof, Resigned, World Weary Insouciance

Ho hum. Snooze snooze. The House will impeach. The Senate will acquit. Lots of people will yell at lots of other people. A tale told by an idiot, full of sound and fury, signifying nothing. I shall go back to sleep.

crystal ball

I misplaced my crystal ball, so I don’t know what is going to happen. A reasoned guess is that the Senate trial will not be a snoozer in any sense of the word.

The articles of impeachment will focus on Ukraine, but will be carefully crafted to allow for introduction of newly discovered evidence. (And, in case you wondered, ladies and germs, preparing articles of impeachment featuring a narrow focus combined with broad language is an exercise in legal draftspersonship of childish ease, to anyone who knows what she is doing. It is the work of a morning, with time off for tea at eleven.)

So, what might unfold between now and January?

The House Intelligence Committee is still investigating. Who knows what new witnesses they will find between now and the Senate trial? What new documents they will uncover?

Rudy, meanwhile, has been in Ukraine again, and is apparently prepared to pull some kind of a Ukrainian rabbit out of a Ukrainian hat. That should be fun.

And forget not the possibility of a bolt from Bolton.

Plus, here are some real head-scratchers. Will Trump even have a lead defense counsel? Who the hell will it be? And what the hell will he or she say in Trump’s defense? (See prior post on Knots.)

And we are surely going to see us some Republican senators acting like a cat on a hot tin roof.

fat ass on shingles

We will probably wait in vain for a moment of repentance—a scene that would look something like the end of a Perry Mason trial and Saint Paul falling down on the road to Damascus.

But I think we may pleasurably anticipate a whole lot ‘o squirmin’ by empty-suited Republicans. (Couldn’t happen to a nicer bunch of guys.)

Do, please, lay in an ample supply of popcorn and beer.

Knots

Knots 2

Back on February 19, 2017, I posted about R.D. Laing’s book Knots, which used to be popular in the circles in which I moved. I thought of the book again this morning.

The Extortion Knot

The evidence of record shows that I extorted Ukraine by withholding military aid needed to defend their country from an invasion.

The evidence of record shows that I did this for political gain.

The evidence of record shows that I released the aid when my scheme was exposed by a whistleblower.

But my coverup has been partially successful, and I have prevented some highly relevant evidence from being made public.

There is a metaphysical possibility that the evidence I am still covering up might disclose some less damning reason for my actions.

I cannot offer any plausible explanation for what that less damning explanation might be.

Nevertheless, because there is a metaphysical possibility that the evidence I am hiding might prove my innocence, you must acquit me.

The Constitutional Knot

I refuse to engage in a reasoned argument about whether my bad conduct is impeachable under the Constitution, because there is a metaphysical possibility that I did not engage in bad conduct.

Just as there is a metaphysical possibility that the evidence I am still covering up might support the some less damning explanation for what I did.

The Swing State Republican Senator’s Knot

Even the Trump Cultists among my base will probably not be fooled by Trump’s Extortion Knot position or his Constitutional Knot argument.

But the Trump Cultists among my base do not bloody well care, and will crucify my ass if I vote to remove, no matter what rationale I might put forward for that vote.

Conceivably, a vote based on “bad but not impeachable” might save me in the next election. Because a vote to acquit might placate the Cultists, and a “bad but not impeachable” rationale might placate enough of the non-cultists to get me over the finish line. 

But if I make the “bad but not impeachable argument,” Trump will tweet me to death, and the Trump Cult base will vote for my primary opponent.

Therefore, I am coerced to spout nonsense, all while avoiding the one argument that might save me in a general election.

Constitutional Scholars Speak

We, the undersigned legal scholars, have concluded that President Trump engaged in impeachable conduct.

We do not reach this conclusion lightly. The Founders did not make impeachment available for disagreements over policy, even profound ones, nor for extreme distaste for the manner in which the President executes his office. Only “Treason, Bribery, or other high Crimes and Misdemeanors” warrant impeachment. But there is overwhelming evidence that President Trump betrayed his oath of office by seeking to use presidential power to pressure a foreign government to help him distort an American election, for his personal and political benefit, at the direct expense of national security interests as determined by Congress. His conduct is precisely the type of threat to our democracy that the Founders feared when they included the remedy of impeachment in the Constitution.

We take no position on whether the President committed a crime. But conduct need not be criminal to be impeachable. The standard here is constitutional; it does not depend on what Congress has chosen to criminalize.

Impeachment is a remedy for grave abuses of the public trust. The two specific bases for impeachment named in the Constitution — treason and bribery — involve such abuses because they include conduct undertaken not in the “faithful execution” of public office that the Constitution requires,but instead for personal gain (bribery) or to benefit a foreign enemy (treason).

Impeachment is an especially essential remedy for conduct that corrupts elections. The primary check on presidents is political: if a president behaves poorly, voters can punish him or his party at the polls. A president who corrupts the system of elections seeks to place himself beyond the reach of this political check. At the Constitutional Convention, George Mason described impeachable offenses as “attempts to subvert the constitution.” Corrupting elections subverts the process by which the Constitution makes the president democratically accountable. Put simply, if a President cheats in his effort at re-election, trusting the democratic process to serve as a check through that election is no remedy at all. That is what impeachment is for.

Moreover, the Founders were keenly concerned with the possibility of corruption in the president’s relationships with foreign governments. That is why they prohibited the president from accepting anything of value from foreign governments without Congress’s consent. The same concern drove their thinking on impeachment. James Madison noted that Congress must be able to remove the president between elections lest there be no remedy if a president betrayed the public trust in dealings with foreign powers.

In light of these considerations, overwhelming evidence made public to date forces us to conclude that President Trump engaged in impeachable conduct. To mention only a few of those facts: William B. Taylor, who leads the U.S. embassy in Ukraine, testified that President Trump directed the withholding of hundreds of millions of dollars in military aid for Ukraine in its struggle against Russia — aid that Congress determined to be in the U.S. national security interest — until Ukraine announced investigations that would aid the President’s re-election campaign. Ambassador Gordon Sondland testified that the President made a White House visit for the Ukrainian president conditional on public announcement of those investigations. In a phone call with the Ukrainian president, President Trump asked for a “favor” in the form of a foreign government investigation of a U.S. citizen who is his political rival. President Trump and his Chief of Staff Mick Mulvaney made public statements confirming this use of governmental power to solicit investigations that would aid the President’s personal political interests. The President made clear that his private attorney, Rudy Giuliani, was central to efforts to spur Ukrainian investigations, and Mr. Giuliani confirmed that his efforts were in service of President Trump’s private interests.

Ultimately, whether to impeach the President and remove him from office depends on judgments that the Constitution leaves to Congress. But if the House of Representatives impeached the President for the conduct described here and the Senate voted to remove him, they would be acting well within their constitutional powers. Whether President Trump’s conduct is classified as bribery, as a high crime or misdemeanor, or as both, it is clearly impeachable under our Constitution.

Mark,Aaronson,Professor of Law Emeritus,Univ. of Calif. Hastings College of the Law
Nancy,Abramowitz,Professor of Practice,American University Washington College of Law
Kathryn,Abrams,Herma Hill Kay Distinguished Professor of Law,UC-Berkeley School of Law
Jeffrey,Abramson,Professor of Law and Government,University of Texas
Nadia,Ahmad,Associate Professor of Law,Barry University School of Law
Miriam,Albert,Professor of Skills,Hofstra Law School
Craig,Alexander,Adjunct Professor of Law,University of Alabama School of Law
Anthony,Alfieri,Professor of Law,University of Miami School of Law
Michael,Algeo,Judge/Adjunct Professor,Washington College of Law
Jessie,Allen,Associate Professor,University of Pittsburgh School of Law
Sean,Anderson,Teaching Associate Professor,University of Illinois College of Law
Kate ,Andrias,Professor of Law,University of Michigan Law School
Catherine,Archibald,Associate Professor of Law,University of Detroit Mercy School of Law
Fabio,”Arcila, Jr.”,Visiting Law Professor,Univ. Illinois-Chicago John Marshall Law School
Robert,Aronson,”Betts, Patterson & Mines Professor of Law Emeritus “,University of Washington
Jonathan,Askin,Professor of Clinical Law,Brooklyn Law School
Barbara,Atwood,Mary Anne Richey Professor of Law Emerita,University of Arizona James E. Rogers College of Law
Sahar,Aziz,Professor of Law and Chancellor’s Social Justice Scholar,Rutgers Law School
Barbara,Babb,Associate Professor of Law,University of Baltimore School of Law
Samuel,Bagenstos,Frank G. Millard Professor of Law,University of Michigan Law School
Nicholas,Bagley,Professor of Law,University of Michigan Law School
William,Bailey,Professor From Practice and Director of Trial Advocacy,University of Washington School of Law
Shalanda,Baker,”Professor of Law, Public Policy and Urban Affairs”,Northeastern University
Carlos,Ball,Distinguished Professor of Law,Rutgers Law School
Beverly,Balos,Clinical Professor of Law Emerita,University of Minnesota
William,Banks ,Board of Advisers Distinguished Professor,Syracuse University
Charles,Baron,Emeritus Professor,Boston College Law School
Christine,Bartholomew,Associate Professor of Law,University at Buffalo School of Law
Rick,Barton,Adjunct Professor of Law,University of San Diego School of Law
Ian,Bartrum,Professor of Law,”William S Boyd School of Law, UNLV”
Lawrence,Baxter,David T. Zhang Professor of the Practice of Law,Duke Law School
Linda,Beale,Professor of Law ,Wayne State University Law School
Mary,Beck,Emerita Professor of Clinical Law,Missouri University School of Law
Roxana,Bell,Assistant Professor of Law,University of Detroit Mercy School of Law
Steven,Bender,Professor of Law,Seattle University School of Law
Emily,Benfer,Visiting Associate Clinical Professor of Law,Columbia Law School
Susan,Bennett,Professor of Law,American University Washington College of Law
Beth,Bennion,Assistant Director & Adjunct Professor,Stetson University College of Law
Eric,Berger,Earl Dunlap Distinguished Professor of Law,University of Nebraska College of Law
William,Berman,Clinical Professor of Law,Suffolk University Law School
Emily,Berman,Associate Professor of Law,University of Houston Law Center
Caroline,Bettinger-Lopez,”Professor of Law and Director, Human Rights Clinic”,University of Miami School of Law
Warren,Binford,”Professor & Director, Clinical Law Program”,Willamette University College of Law
Susan,Bitensky,Professor of Law,Michigan State University College of Law
Henry,Blair,Robins Kaplan Distinguished Professor of Law  ,Mitchell Hamline School of Law
Beryl,Blaustone,Professor of Law,CUNY School of Law
Robert,Bloom,Professor,Boston College Law School
Grace,Blumberg,Distinguished Professor of Law Emerita,UCLA School of Law
Ted,Blumoff,Professor of Law,Mercer University Law School
Donald,Bogan,Professor of Law,University of Oklahoma College of Law
Carl T.,Bogus,Professor of Law,Roger Williams University
Richard,Boldt,T. Carroll Brown Professor of Law,University of Maryland Carey School of Law
Hyla,Bondareff,Electronic Resources Librarian & Lecturer in Law,Washington University School of Law in St. Louis
Vincent,Bonventre,Justice Robert H. Jackson Distinguished Professor of Law,Albany Law School
Pamela,Bookman,Associate Professor,Fordham Law School
Linda ,Bosniak,Professor,Rutgers University
Amelia,Boss,Trustee Professor of Law,Thomas R. Kline School of Law Drexel University
Richard,Boswell,Professor of Law,”University of California, Hastings”
Michael,Boucai,Associate Professor,University at Buffalo School of Law
Margaret W. ,Bowman ,Assistant Professor of Law ,University of Tulsa
Bruce,Boyer,Curt and Linda Rodin Professor of Law and Social Justice,Loyola University of Chicago
Shawn Marie,Boyne,Professor of Law,Indiana University Robert H. McKinney School of Law
Kiel,Brennan-Marquez,Associate Professor and William T. Golden Scholar,University of Connecticut School of Law
Frank,Bress,Professor of Law,New York Law School
Katrice,Bridges Copeland,Professor of Law ,Penn State Law
Lea,Brilmayer,Howard Holtzmann Professor of International Law,Yale Law School
Mark,Brodin,Professor,Boston College Law School
James,Brook,Professor of Law Emeritis,New York Law School
Susan,Brooks,Associate Dean and Professor of Law,Drexel University Kline School of Law
Patricia,Broussard,Professor,FAMU College of Law
Charles,Brower,Professor of Law,Wayne State University
Karen,Brown,Professor of Law,George Washington University
Allison,Brownell Tirres,Associate Professor,DePaul University College of Law
Charles Luke,Brussel,Professor ,Fordham Law School
Tom,Buchele,Clinical Professor of Law,Lewis & Clark School of Law
Barbara,Bucholtz,Professor of Law,University of Tulsa College of Law
Jessica,Bulman-Pozen,Professor of Law,Columbia Law School
Stephen,Burbank,David Berger Professor for the Administration of Justice,University of Pennsylvania Law School
Dan,Burk,Chancellor’s Professor of Law,”University of California, Irvine”
Margaret,Burnham,University Distinguished Professor,Northeastern University School of Law
Grace,Calabrese Tonner,Professor,”University of California, Irvine”
Mark,Cammack,Professor of Law,Southwestern Law School
Marilyn Blumberg ,Cane,Professor Emerita,Nova Southeastern University
Julie,Cantor,Lecturer in Law,UCLA School of Law
Eduardo R.C.,Capulong,Professor of Law,CUNY School of Law
Dale,Carpenter,Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law,SMU Dedman School of Law
Gilbert,Carrasco,Professor of Law,Willamette University College of Law
Jenny,Carroll,”Wiggins, Childs, Quinn & Pantazis Professor of Law”,University of Alabama School of Law
Timothy,Casey,Professor in Residence,California Western School of Law
David,Cassuto,Professor of Law,Elisabeth Haub School of Law at Pace University
Helen,Chang,Professor of Law,Golden Gate University School of Law
Faisal,Chaudhry,Assistant Professor of Law & History,University of Dayton
Angelica,Chazaro,Assistant Professor,University of Washington School of Law
Erwin,Chemerinksy,Dean and Jesse H. Choper Distinguished Professor of Law,Berkeley Law School
Kenneth,Chestek,Professor of Law,University of Wyoming
Luis,Chiesa,Professr of Law and Director of the Buffalo Criminal Law Center,”University at Buffalo School of Law, The State University of New York”
Michael,Chiorazzi,Associate Dean for Information Services,University of Miami School of Law
Carol,Chomsky,Professor,University of Minnesota Law School
Cyra Akila ,Choudhury ,Professor of Law,FIU
Eric,Christiansen,Professor of Law & Associate Dean,Golden Gate University School of Law
Richard,Chused,Professor of Law,New York Law School
J. Stephen,Clark,Professor of Law,Albany Law School
Roger,Clark,Board of Governors Professor of Law,Rutgers Law School
Sarah,Cleveland,Louis Henkin Professor of Human & Constitutional Rights ,Columbia Law School
John,Clynch,Senior Lecturer,University of Washington School of Law
James,Coben,Professor of Law,Mitchell Hamline School of Law
Linda,Coco,Associate Professor of Law,Barry University School of Law
Cary,Coglianese,Edward B. Shils Professor of Law,University of Pennsylvania Law School
Laura,Cohen,Distinguished Clinical Professor of Law and Justice Virginia Long Scholar,Rutgers Law School
David,Cohen,Professor of Law,Drexel Kline School of Law
Clare Keefe,Coleman,Associate Professor of Law,Drexel University Kline School of Law
Robin,Collin,Professor of Law,Willamette University College of Law
Anna,Cominsky,Visiting Associate Professor of Law,New York Law School
Jenny-Brooke,Condon,Professor of Law,Seton Hall Law School
Elizabeth,Cooper,Professor of Law,Fordham Law School
Caroline Mala,Corbin,Professor of Law and Dean’s Distinguished Scholar,University of Miami School of Law
Daniel,Coyne,Clinical Professor of Law (Ret.),Chicago-Kent College of Law
Gregory,Crespi,Homer R. Mitchell Professor of Law  ,Southern Methodist University
Richard W.,Creswell,Professor of Law Emeritus,Mercer University
Phyllis L,Crocker,Dean and Professor of Law,University of Detroit Mercy School of Law
McKay,Cunningham,Professor of Law,Concordia University School of Law
Perry,Dane,Professor of Law,Rutgers Law School
Seth,Davis,Adunct Professor of Law,Elisabeth Haub School of Law at Pace University
April,Dawson,Professor,North Carolina Central University School of Law
Frank,Deale,Professor of Law,CUNY Law School
Margaret,deGuzman,James E. Beasley Professor of Law,Temple University Beasley School of Law
Richard,Delgado,John J. Sparkman Chair of Law,University of Alabama School of Law
Jacques,deLisle,Professor of Law,University of Pennsylvania
Joy,Delman,Professor of Law Emerita,Thomas Jefferson School of Law
David,DeMatteo,Associate Professor of Law & Psychology,Drexel University Thomas R. Kline School of Law
Nora,Demleitner,Roy L. Steinheimer Jr. Professor of Law,Washington and Lee University
Melanie,DeRousse,Clinical Associate Professor,University of Kansas School of Law
Stephen,Diamond,Associate Professor of Law,Santa Clara University School of Law
Amy,Dillard,Associate Professor of Law,University of Baltimore Law School
Paul,Diller,Professor of Law,Willamette University
Anthony M.,Dillof,Professor of Law,Wayne State University Law School
Robert,Dinerstein,Professor of Law ,American University Washington College of Law
Ciji,Dodds,Assistant Professor ,Albany Law School
Michael,Dorf,Robert S. Stevens Professor of Law,Cornell Law School
Michael,Dorff,Professor,Southwestern Law School
Joshua,Dressler,Distinguished University Professor ,”The Ohio State University, Moritz College of Law “
David,Driesen,University Professor,Syracuse University College of Law
Sarah,Duggin,Professor of Law,”The Catholic University of America, Columbus School of Law”
Heather,Dunbar,Associate Professor,WMU Cooley Law School
Ilene,Durst,Professor,Visiting Professor California Western School of Law
Thomas,Eaton,J. Alton Hosch Professor Emeritus,University of Georgia School of Law
Peter,Edelman,Carmack Waterhouse Professor of Law and Public Policy,Georgetown Law Center
Mark,Edwards,Baillon Professor of Law,Mitchell Hamline School of Law
Leora,Eisenstadt,Assistant Professor of Legal Studies,Temple University Fox School of Business
Bram,Elias,Clinical Professor of Law,University of Iowa College of Law
Heather,Elliott,”Alumni, Class of ’36 Professor of Law”,University of Alabama School of Law
Scott,England,Principal Lecturer & Regents’ Lecturer,University of New Mexico School of Law
Monica,Eppinger,Professor,Saint Louis University School of Law
Jules,Epstein,Professor,Temple Beasley School of Law
Sam,Erman,Professor,USC Gould School of Law
Marie,Failinger,Professor of Law,Mitchell Hamline School of Law
Daniel,Farbman,Assistant Professor,Boston College Law School
Anthony,Farley,Matthews Distinguished Professor of Jurisprudence ,Albany Law School
Susan,Feathers,Assistant Dean,Rutgers
Jeffrey,Feldman,Professor,University of Washington
Stephen,Feldman,Housel/Arnold Distinguished Professor,Wyoming
Mary,Fellows,Professor of Law Emerita,University of Minnesota
Eugene,Fidell,Florence Rogatz Visiting Lecturer in Law,Yale Law School
Robert,Field,Professor of Law,Drexel University Kline School of Law
Eric,Fink,Associate Professor,Elon University School of Law
Claire ,Finkelstein,Algernon Biddle Professor of Law and Professor of Philosophy,University of Pennsylvania
Susan,Fino,Professor,Wayne State University
Fern,Fisher,Judge,Hofstra Law Dchool
Joseph,Fishkin,Marrs McLean Professor in Law,University of Texas
Rebecca,Flanagan,Assistant Professor ,UMass Law
Akilah,Folami,Professor of Law,Hofstra law
Richard ,Ford,Professor of Law,Stanford Law School
Caroline,Forell,Professor Emerita,University of Oregon School of Law
Gregory,Fox,Professor of Law,Wayne State University Law School
Jill,Fraley,Associate Professor of Law,Washington and Lee University School of Law
Gary,Francione,Board of Governors Distinguished Professor,Rutgers University School of Law
Alexandra M,Franco,Visiting Assistant Professor,IIT Chicago-Kent College of Law
David,Franklin,Associate Professor ,DePaul University College of Law
Kris,Franklin,Professor of Law,New York Law School
Ann,Freedman,Associate Professor of Law ,Rutgers Law School
Eric M.,Freedman,Siggi B. Wilzig Distinguished Professor of Constitutional Rights,Maurice A. Deane School of Law at Hofstra University
Lawrence,Friedman,Marion Rice Kirkwood Professor,Stanford University School of Law
Lawrence,Friedman,Professor of Law,New England Law | Boston
Richard,Friedman,Alene and Allan F. Smith Professor of Law,University of Michigan Law School
William,Funk,Lewis & Clark Distinguished Professor of Law Emeritus,Lewis & Clark Law School
Barry,Furrow,Professor of Law,Kline School of Law at Drexel University
Craig,Futterman,Clinical Professor of Law,University of Chicago Law School
Martha,Gaines,Distinguished Clinical Professor,University of Wisconsin Law School
Paula,Galowitz,Clinical Professor of Law Emerita,New York University School of Law
James,Gardner,Professor of Law,University at Buffalo School of Law
Bernadette,Gargano,Vice Dean of Students and Lecturer-in-Law,University at Buffalo School of Law
Frederick Mark,Gedicks,Guy Anderson Chair & Professor of Law,Brigham Young University Law School
Bennett,Gershman,Professor of Law,”Elisabeth Haub School of Law, Pace University”
Nancy,Gertner,”Retired Judge, Senior Lecturer”,Harvard Law School
Sarah,Gerwig-Moore,Professor of Law,Mercer University School of Law
Doni,Gewirtzman,Professor of Law,New York Law School
Brittany,Glidden,Professor,UC Hastings College of Law
Miriam,Gohara,Clinical Associate Professor of Law,Yale Law School
A. Thomas,Golden,”Professor of Law, Emeritus”,Thomas Jefferson School of Law
Julie,Goldscheid,Professor,CUNY School of Law
Jared,Goldstein,Professor of Law,Roger Williams University School of Law
Jasmine,Gonzales Rose,Associate Professor of Law,University of Pittsburgh School of Law
Patrick,Goodman,Lecturer in Law,UCLA School of Law
Robert,Gordon,Professor of Law,Stanford University
Kathleen,Gordon,”Associate Director, Clinical Program”,American University Washington College of Law
Neil,Gotanda,Professor Emeritus,Western State College of Law
Jonathan,Gould,Assistant Professor of Law,Berkeley Law School
Mark,Graber,Regents Professor,University of Maryland Carey School of Law
Tiffany,Graham,Associate Dean of Academic Affairs and Senior Lecturer,University of South Dakota School of Law
John,Greabe,Professor of Law,University of New Hampshire Franklin Pierce School of Law
Jennifer,Green,Associate Clinical Professor of Law,University of Minnesota Law School
Steven,Green,Fred H. Paulus Professor of Law,Willamette University
Michelle,Greenberg-Kobrin,Associate Clinical Professor of Law,Cardozo Law School
Sara,Greene,Professor of Law,Duke Law School
Jamal,Greene,Dwight Professor of Law,Columbia Law School
Kent,Greenfield,Professor of Law and Dean’s Distinguished Scholar,Boston College
Carolyn,Grose,Professor of Law,MItchell Hamline School of Law
Joanna,Grossman,Ellen K. Solender Endowed Chair in Women and Law,SMU Dedman School of Law
Catherine,Grosso,Professor of Law,Michigan State University College of Law
Martin,Guggenheim,Fiorello LaGuardia Professor of Clinical Law,New York University Law School
Pratheepan,Gulasekaram,Professor of Law,Santa Clara University
Jennifer,Gundlach,Emily & Stephen Mendel Distinguished Professor of Law and Clinical Professor of Law,”Maurice A. Deane School of Law, Hofstra University”
Jimmy,Gurule,Professor of Law ,Notre Dame Law School
Jill,Habig,Lecturer,Berkeley Law School
Phoebe,Haddon,Chancellor and Professor of Law,Rutgers- CAMDEN University
Hiba,Hafiz,Assistant Professor of Law,Boston College Law School
Monica,Hakimi,James V. Campbell Professor of Law,University of Michigan Law School
Amy ,Halbrook,Professor of Law,Salmon P. Chase College of Law
Nicole,Hallett,Associate Clinical Professor of Law,University of Chicago Law School
Susan Pace,Hamill,Professor of Law and Honors Professor,University of Alabama School of Law
Ian,Haney Lopez,Chief Justice Earl Warren Professor of Public Law,UC Berkeley
Dana,Harrington Conner,Professor,Delaware Law School of Widener University
Jeffrey,Harrison,Professor of Law,University of Florida
Emily Albrink,Hartigan,Professor of Law,St. Mary’s University School of Law
Renee,Hatcher,Assistant Professor of Law,UIC John Marshall Law School
Oona,Hathaway,Professor of Law,Yale Law School
Stacy,Hawkins,Professor of Law,Rutgers Law School
Grant,Hayden,Professor of Law,SMU-Dedman School of Law
Antony,Haynes,Associate Dean,Albany Law School
Thomas,Healy,Professor of Law,Seton Hall University School of Law
Henry,Hecht,Herma Hill Kay Lecturer in Residence,”University of California, Berkeley School of Law”
Lynne ,Henderson,Professor Emerita,UNLV-Boyd School of Law
Leslie,Henry,Professor of Law,University of Maryland Carey School of Law
Helen,Hershkoff,Herbert M. and Svetlana Wachtell Professor of Constitutional Law and Civil Liberties,New York University School of Law
Steven,Heyman,Professor of Law,”Chicago-Kent College of Law, Illinois Tech”
John,Heywood,Associate Professor/Law Librarian,American University Washington College of Law
Michael,Higginbotham,Joseph Curtis Professor of Law,University of Baltimore School of Law
Jim,Hilbert,Professor of Law,Mitchell Hamline School of Law
B. Jessie,Hill,”Associate Dean for Research and Faculty Development, Judge Ben C. Green Professor of Law”,Case Western Reserve University
Laura J.,Hines ,Professor of Law,University of Kansas School of Law
Bill,Hing,Professor of Law,University of San Francisco
Michael,Hoffheimer,Professor of Law and Jamie L. Whitten Chair of Law and Government,University of Mississippi School of Law
Barbara,Hoffman,Assistant Clinical Professor of Law,Rutgers Law School
Stephen,Holmes,Walter E. Meyer Professor of Law,New York University School of Law
Kari,Hong,Associate Professor,Boston College Law School
Joan,Howarth,Distinguished Visiting Professor,”Boyd School of Law, UNLV”
Babe,Howell,Professor,CUNY School of Law
Aziz,Huq,”Frank and Bernice J. Greenberg Professor of Law, Mark Claster Mamolen Teaching Scholar”,University of Chicago Law School
Alex,Hurder,Clinical Professor of Law – Retired,Vanderbilt Law School
Rebecca,Ingber,Associate Professor of Law,Boston University School of Law
Jack,Jackson,Assistant Professor ,Whitman College
Craig,Jackson,Professor of Law,”Thurgood Marshall School of Law, Texas Southern University”
Sandra,Janin,Professor of Legal Writing,New York Law School
Eric,Janus,Professor of Law,Mitchell Hamline School of Law
Peter,Jaszi,Emeritus Professor,American University Law School
Stewart,Jay,William L. Dwyer Chair in Law Emeritus,University of Washington School of Law
Danielle,Jefferis,Clinical Teaching Fellow,University of Denver Sturm College of Law
Dalie,Jimenez,Professor of Law,”University of California, Irvine School of Law”
Kari,Johnson,Professor of Research and Writing,Chicago-Kent College of Law
Stephen,Johnson,Professor of Law,Mercer University Law School
Lawrence,Joseph,Tinnelly Professor of Law,St. John’s University School of Law
Irving,Joyner,Professor,North Carolina Central University School of Law
Andrew,Jurs,Associate Dean and Professor of Law,Drake University Law School
Dan,Kahan,Elizabeth K. Dollard Professor of Law and Professor of Psychology,Yale Law School
Jeffrey,Kahn,Professor of Law,SMU Dedman School of Law
David,Kairys,”James E. Beasley Professor of Law, Emeritus”,Temple University Beasley School of Law
Anil,Kalhan,Professor of Law,Drexel University Kline School of Law
Sam,Kamin,Professor of Law,University of Denver
Helen,Kang,Professor of Law,Golden Gate University School of Law
Daniel,Kanstroom,”Professor of Law, Thomas F. Carney Distinguished Scholar”,Boston College Law School
Robin,Kar,Professor of Law and Philosophy,University of Illinois
Ken,Katkin,Professor of Law,”Chase College of Law, Northern Kentucky University”
Eileen,Kaufman,Professor of Law Emerita,Touro Law Center
Andrew,Kent,Professor of Law,Fordham University School of Law
Lisa,Kern Griffin,Professor of Law,Duke University
Amalia,Kessler,Professor of Law,Stanford University
Paul,Kibel,Professor,Golden Gate University School of Law
Michael,Kimberly,”Visiting Lecturer in Law & Co-Director, Supreme Court Clinic”,Yale Law School
Shani,King,Professor of Law,University of Florida College of Law
Kit,Kinports,Professor and Polisher Family Scholar,Penn State Law
Heidi,Kitrosser,Robins Kaplan Professor of Law,University of Minnesota Law School
Harold Hongju,Koh,Sterling Professor of International Law,Yale Law School
Mehmet,Konar-Steenberg,Professor of Law,Mitchell Hamline School of Law
Judith,Koons,Professor of Law,Barry University School of Law
Don,Korobkin,Professor of Law,Rutgers Law School
Minna,Kotkin,Professor of Law,Brooklyn Law School
Lee,Kovarsky,Professor of Law,University of Maryland School of Law
Stefan,Krieger,”Richard J. Cardali Distinguished Professor in Trial Advocacy and Director, Center for Applied Legal Reasoning”,Maurice A. Deane School of Law at Hofstra University
Paul,Kurtz,J. Alton Hosch Professor Emeritus,University of Georgia School of Law
Patricia,Kuszler,Professor,University of Washington
Mae,Kuykendall,Professor Law,Michigan State University College of Law
John,LaFond,”Edward A. Smith/Missouri Chair in Law, the Constitution and Society”,University of Missouri-Kansas City School of Law
John,Lande,Isidor Loeb Professor Emeritus,University of Missouri School of Law
Eric,Lane,Eric J. Schmertz Distinguished Professor of Public Law and Public Service,Maurice A. Deane School of Law at Hofstra University
Laura,Lape,Associate Professor of Law,Syracuse University College of Law
David,Larson,Professor,Mitchell Hamline School of Law
Carlton,Larson,Professor of Law,UC Davis School of Law
Sylvia,Law,Professor Emerita ,New York University
Michael,Lawrence,Professor of Law,Michigan State University College of Law
Anne,Lawton,Professor of Law,Michigan State University College of Law
Laurie,Leader,Clinical Professor of Law,”Chicago-Kent College of Law, Illinois Tech”
Jaime,Lee,Associate Professor of Law,University of Baltimore School of Law
Jennifer,Lee,Associate Clinical Professor of Law,Temple University Beasley School of Law
Brant,Lee,Professor of Law,University of Akron School of Law
Carpenter,Lee,Associate Professor of Law,Temple University Beasley School of Law
Nicole,Lefton,Assistant Professor ,Maurice A. Deane School of Law at Hofstra University
Amanda,Leiter,Professor,American University Washington College of Law
Mark,Lemley,William H. Neukom Professor,Stanford Law School
Arthur,Leonard,Robert F. Wagner Professor of Labor & Employment Law,New York Law School
Kevin,Leske,Professor of Law,University of Dayton School of Law
John,Leubsdorf,Distinguished Professor of Law,Rutgers Law School
Raleigh,Levine,James E. Kelley Chair in Tort Law,Mitchell Hamline School of Law
Sanford,Levinson,”W. St. John Garwood and W. St. John Garwood Jr. Centennial Chair in Law, University of Texas Law School, Professor of Government, University of Texas at Austin “,University of Texas
Martin,Levy,Professor of Law,Thurgood Marshall School of Law
Meredith,Lewis,Professor and Vice Dean,University at Buffalo School of Law
Theo,Liebmann,Clinical Professor of Law,Maurice A. Deane School of Law at Hofstra University
Francine,Lipman,William S. Boyd Professor of Law,”William S. Boyd School of Law, University of Nevada, Las Vegas”
Leah,Litman,Assistant Professor,University of Michigan Law School
Rory,Little,Professor/Visiting Professor,UC Hastings/Yale Law School
Edward,Lloyd,Evan M. Frankel Clinical Professor of Environmental Law,Columbia Law School
Anne,Lofaso,Arthur B. Hodges Professor of Law,West Virginia University College of Law
Stephen,Loffredo,Professor of Law,City University of New York School of Law
Rachel,Lopez,Associate Professor of Law,”Drexel University, School of Law”
J.C.,Lore,Clinical Professor of Law,Rutgers Law School
John,Lunstroth,Lecturer,University of Houston
Warren,Lupel,Prof of Law (ret.),Northwestern Law
Ira,Lupu,F. Elwood & Eleanor Davis Professor Emeritus of Law,George Washington University
Mary A. ,Lynch,Kate Stoneman Chair in Law and Democracy ,Albany Law School
Robert,MacCoun,Professor of Law,Stanford University
Gregory,Magarian,Thomas and Karole Green Professor of Law,Washington University in St. Louis
Rhonda,Magee,Professor of Law,University of San Francisco School of Law
Suparna,Malempati,Associate Professor,Atlanta’s John Marshall Law School
Lisa,Manheim,Associate Professor,University of Washington School of Law
Maya,Manian,Visiting Professor,Howard University School of Law
Naomi ,Mann,Associate Clinical Professor of Law ,Boston University School of Law
Michael,Mannheimer,Professor of Law,”Salmon P. Chase College of Law, Northern Kentucky University”
Peter,Margulies,Professor of Law,Roger Williams University School of Law
Daniel,Markovits,Guido Calabresi Professor of Law,Yale Law School
Shauna,Marshall,Professor Emerita,UC Hastings College of the Law
Jim,Marshall,Former Professor of Law,Mercer University
Francisco,Martin,Former Sallows Professor of Human Rights,University of Saskatchewan College of Law
Miriam,Marton,Associate Dean of Experiential Learning ,University of Tulsa College of Law
Jerry,Mashaw,”Sterling Professor of Law, Emeritus and Professorial Lecturer”,Yale Law School
Dayna,Matthew,Professor,University of Virginia Law School
Nancy,Maurer,Professor,Albany Law School
Connie,Mayer,Professor of Law,Albany Law School
Sharia,Mayfield,Adjunct Professor & Lawyer,Willamette University College of Law
Goldburn,Maynard,Associate Professor of Law ,University of Louisville Brandeis School of Law
Thomas,McAffee,William S. Boyd Professor,”Boyd Law School, UNLV”
Karen,McDonald Henning,Associate Professor of Law,University of Detroit Mercy Law School
M. Isabel,Medina,Ferris Family Distinguished Professor of Law,Loyola University New Orleans College of Law
Joan,Meier,Professor of Law,George Washington University Law School
Michelle,Mello,Professor ,Stanford Law School
Michael,Meltsner,Matthews University Professor of Law,Northeastern University School of Law
Peter,Menell,Professor of Law,UC Berkeley School of Law
Carrie,Menkel-Meadow,Distinguished Professor of Law,University of California Irvine
Gillian,Metzger,Harlan Fiske Stone Professor of Constitutional Law,Columbia Law School
Thomas,Metzloff,Professor of Law,Duke University School of Law
Amy,Meyers,Professor of Legal Writing,Willamette University College of Law
Jon,Michaels,Professor of Law,UCLA School of Law
Binny,Miller,”Professor of Law and Co-Director, Criminal Justice Clinic”,”American University, Washington College of Law”
Jessica,Millward,Practitioner-in-Residence,”American University, Washington College of Law”
Nancy,Modesitt,Professor of Law,University of Baltimore School of Law
Charles W,Mooney Jr,”Charles A Heimbold, Jr. Professor of Law”,University of Pennsylvania Law School
Michael S.,Moore,Walgreen University Chair and Center for Advanced Study Professor of Law,University of Illinois
Jennifer,Moore,Professor of Law ,University of New Mexico School of Law
Perry,Moriearty,Professor,University of Minnesota Law School
Alan,Morrison,Lerner Family Associate Dean for Public Interest & Public Service Law,George Washington Law School
Elora,Mukherjee,Jerome L. Greene Clinical Professor of Law,Columbia Law School
Steve,Mulroy,Bredesen Professor of Law ,University of Memphis Humphreys School of Law
Jane,Murphy,Laurence M. Katz Professor of Law,University of Baltimore School of Law
Ann,Murphy,Professor,Gonzaga University School of Law
Justin,Murray,Associate Professor of Law,New York Law School
Kristen,Murray,Professor of Law,Temple University Beasley School of Law
Karen,Musalo,Professor,U.C. Hastings
Athena,Mutua,Professor of Law,University at Buffalo School of Law
Makau,Mutua,SUNY Distinguished Professor,SUNY Buffalo Law School
Sheldon,Nahmod,University Distinguished Professor Emeritus,IIT Chicago-Kent College of Law
Louis,Natali,Professor of Law,Temple University Law School
Alan,Nemeth,Adjunct Professor of Law,American University Washington College of Law and University of Baltimore School of Law
Gerald,Neuman,”J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law”,Harvard Law School
Elizabeth,Nevins,Professor of Clinical Law,Hofstra University’s Maurice A. Deane School of Law
Stephen,Newman,Professor of Law Emeritus,New York Law School
Anthony,Niedwiecki,Dean and Professor of Law,Golden Gate University School of law
Luke,Norris,Assistant Professor of Law,University of Richmond Law School
Kimberly,O’Leary,Professor of Law,WMU-Cooley Law School
Anthony,O’Rourke,Joseph W. Belluck and Laura L. Aswad Professor ,”University at Buffalo School of Law, SUNY”
Reginald,Oh,Professor of Law,”Cleveland-Marshall College of Law, Cleveland State University”
Michael A.,Olivas ,William B. Bates Distinguished Chair in Law ,University of Houston Law Center
Andy,Olree,Professor of Law,”Faulkner University, Jones School of Law”
David,Oppenheimer,Clinical Professor of Law,”University of California, Berkeley Law”
John,Orcutt,Professor of Law,University of New Hampshire Franklin Pierce School of Law
Marisol,Orihuela,Clinical Associate Professor of Law,Yale Law School
Lauren,Ouziel,Associate Professor,Temple University Beasley School of Law
Patrick,Parenteau,Professor of Law,Vermont Law School
J. Wilson,Parker,Professor of Law,Wake Forest University School of Law
Stephen ,Paskey,Lecturer,University at Buffalo School of Law
Frank,Pasquale,Piper & Marbury Professor of Law,University of Maryland Carey School of Law
Juan,Perea,Professor of Law,Loyola University Chicago
Michael,Perrry,Robert W. Woodruff Professor of Law ,Emory University
Philip,Peters Jr.,Ruth L. Hulston Professor Emeritus of Law,”School of Law, University of Missouri”
Huyen,Pham,Professor,Texas A&M University School of Law
F. Peter,Phillips,Distinguished Adjunct Professor and Director Alternative Dispute Resolution Skills Program,New York Law School
Daniel,Pi,Visiting Assistant Professor,Mitchell Hamline School of Law
Justin,Pidot,Professor of Law,University of Arizona James E. Rogers College of Law
Tamara,Piety,Professor of Law,University of Tulsa
Joseph,Pileri,Practitioner in Residence,American University Washington College of Law
Ascanio,Piomelli,Professor of Law,UC Hastings College of the Law
Stacey ,Platt,Curt & Linda Rodin Clinical Professor of Law & Social Justice ,Loyola University Chicago School of Law
James,Pope,Distinguished Professor of Law,Rutgers Law School
Cedric Merlin,Powell,”Wyatt, Tarrant & Combs Professor of Law”,University of Louisville Brandeis School of Law
David,Pozen,Professor of Law,Columbia Law School
Sharon,Press,Professor,Mitchell Hamline School of Law
Charles,Press,Clinical Professor of Law,University of Texas School of Law
Richard,Primus,Theodore J. St. Antoine Collegiate Professor of Law,The University of Michigan Law School
Edward,”Purcell, Jr.”,Joseph Solomon Distinguished Professor,New York Law School
Asifa,Quraishi-Landes,Law Professor,University of Wisconsin
Srividhya,Ragavan,Professor of Law ,Texas A&M School of Law
Lynne,Rambo ,Professor of Law,Texas A&M University School of Law
Vernellia,Randall,Professor Emerita of Law,The University of Dayton School of Law
Sara,Rankin,Associate Professor ,Seattle University School of Law
Alan,Rau,Mark G. & Judy G. Yudof Chair in Law Emeritus,University of Texas at Austin School of Law
Robert,Reinstein,Dean Emeritus and Clifford Scott Green Professor of Law Emeritus,Temple University Beasley School of Law
W. Michael,Reisman,Myres S. McDougal Professor of International Law,Yale Law School
Daphna ,Renan ,Assistant Professor of Law,Harvard Law School
Judith ,Resnik ,Arthur Liman Professor of Law ,Yale Law School
Richard,Reuben,James Lewis Parks Professor of Law and Journalism,University of Missouri School of Law
Deborah ,Rhode ,Professor of Law ,Stanford Law School
Kim D.,Ricardo,Professor of Law,UIC John Marshall Law School
William D.,Rich,Emeritus Professor of Law,University of Akron School of Law
Michelle ,Richards,Assistant Professor of Law,Detroit Mercy School of Law
Henry,Richardson,Professor of Law,Temple University Law School
Sandra,Rierson,Associate Professor,Thomas Jefferson School of Law
David,Ritchie,Professor of Law and Philosophy,Mercer University
Judith,Ritter,Distinguished Professor of Law,Widener University Delaware Law School
Allie,Robbins,Associate Professor of Law,CUNY School of Law
Ira,Robbins ,Professor of Law,American University Washington College of Law
Zoe,Robinson,Professor,DePaul University College of Law
Kimberly,Robinson,Elizabeth D. and Richard A. Merrill Professor of Law  and Professor of Education Curry School of Education,University of Virginia School of Law
Cristina,Rodriguez,Leighton Homer Surbeck Professor of Law,Yale Law School
Christopher,Roederer,Assistant Professor of Law,University of Dayton
Sarah,Rogerson,Professor of Law,Albany Law School
Shalev,Roisman,Associate Professor of Law,University of Arizona
Ediberto,Roman,Professor of Law,Florida International University College of Law
Victor,Romero,Maureen B. Cavanaugh Distinguished Faculty Scholar and Professor of Law,Penn State Law-University Park
Tom,”Romero, II”,Associate Professor,University of Denver Sturm College of Law
Kaelyn,Romey,”Associate Professor, Director of Litigation Center”,Golden Gate University School of Law
Kermit,Roosevelt,Professor of Law,University of Pennsylvania Law School
Leslie,Rose,Professor Emerita ,Golden Gate Univ. School of Law
Henry,Rose,Professor of Law,Loyola University Chicago
Stephen,Rosenbaum,Frank C. Newman Lecturer,”Univ of Calif, Berkeley”
Rand,Rosenblatt,Professor of Law Emeritus,Rutgers University Law School
Darren,Rosenblum,Professor,Pace Law School
Catherine,Ross,Fred C. Stevenson Research Professor of Law,George Washington University Law School
Stephen,Ross,Professor of Law,Penn State Law
Ezra,Rosser,Professor of Law,American University Washington College of Law
Brad,Roth,Professor of Political Science & Law,Wayne State University
Andrew,Rothman,Associate Professor of Professional Practice,Rutgers Law School
Laura,Rovner,”Professor of Law & Director, Civil Rights Clinic”,University of Denver College of Law
Denise,Roy,Professor,Mitchell Hamline School of Law
Judith,Royster,Professor of Law,University of Tulsa College of Law
John,Ruple,Professor of Law (Research),University of Utah S.J. Quinney College of Law
SpearIt,S,Professor of Law,Thurgood Marshall School of Law
Zahr,Said,Associate Dean,University of Washington School of Law
Michael,Salerno,Clinical Professor,UC Hastings College of the Law
Peter,Salib,Climenko Fellow and Lecturer on Law,Harvard Law School
Joyce ,Saltalamachia ,Professor Emerita ,New York Law School
Jack,Sammons,Griffin B. Bell Professor of Law Emeritus,Mercer Law School
Steve,Sanders,Professor of Law,Indiana University Maurer School of Law
Eli,Savitt,Lecturer,University of Michigan Law School
Thomas,Schaaf,Associate Professor,Golden Gate University School of Law
Barbara,Schatz,Clinical Professor of Law,Columbia Law School
Andrew,Schepard,Siben & Siben Distinguished Professor of Law,Maurice A. Deane School of Law at Hofstra University
Andrew,Scherer,Visiting Associate Professor of Law,New York Law School
James,Schiavenza,Professor and Dean,Lincoln Law School of Sacramento
Margo,Schlanger,Wade H. and Dores M. McCree Collegiate Professor of Law,University of Michigan
Randall,Schmidt,Clinical Professor of Law,University of Chicago Law School
Richard,Schragger,Perre Bowen Professor of Law,University of Virginia School of Law
Joshua,Schwartz,E.K. Gubin Professor of Law,The George Washington University Law School
Andrew,Schwartz,Lecturer,Stanford Law School
David,Schwartz,Foley & Lardner-Bascom Professor of Law,University of Wisconsin Law School
Paul,Schwartz,Professor of Law,Berkeley Law School
Steven,Schwinn,Professor of Law,UIC John Marshall Law School
Robert,Sedler,Distinguished Professor of Law,Wayne State University
Louis,Seidman,Carmack Waterhouse Professor of Constitutional Law,Georgetown University Law Center
Gil,Seinfeld,Robert A. Sullivan Professor of Law and Associate Dean for Academic Programming,University of Michigan Law School
Jeffrey,Selbin,Clinical Professor of Law,UC Berkeley School of Law
Joshua,Sellers,Associate Professor of Law,”Sandra Day O’Connor College of Law, Arizona State University”
Malinda,Seymore,Professor of Law,Texas A&M University School of Law
Gregory,Shaffer,Chancellor’s Professor,”University of California, Irvine School of Law”
Bijal,Shah,Associate Professor of Law,”Arizona State University, Sandra Day O’Connor College of Law”
Ann,Shalleck,Professor of Law and Carrington Shields Scholar,”American University, Washington College of Law”
Colleen,Shanahan,Associate Clinical Professor of Law,Columbia Law School
Peter,Shane,Jacob E. Davis and Jacob E. Davis II Chair in Law,Ohio State University Moritz College of Law
Amanda,Shanor,Assistant Professor,”University of Pennsylvania, the Wharton School “
Joan,Shaughnessy,Roger D. Groot Professor of Law,Washington and Lee University
Gary,Shaw,Professor Emeritus ,Touro Law Center
Richard ,Sherwin ,Wallace Stevens Professor of Law,New York Law School
Jed,Shugerman,Professor of Law,Fordham University School of Law
Marjorie,Shultz,”Professor of Law, Emerita”,Berkeley Law School
Michael,Siebecker,Professor of Law,”University of Denver, Sturm College of Law”
Neil,Siegel,David W. Ichel Professor of Law and Professor of Political Science,Duke Law School
Katharine ,Silbaugh,Professor of Law and Law Alumni Scholar,Boston University
Kenneth,Simons,Professor of Law,University of California Irvine School of Law
Gary,Simson,Macon Chair in Law,Mercer University School of Law
Joseph,Singer,Bussey Professor of Law,Harvard Law School
Anita,Sinha,Associate Professor of Law ,”American University, Washington College of Law”
Shirin,Sinnar,Professor of Law,Stanford Law School
Peter,Smith,Arthur Selwyn Miller Research Professor of Law,George Washington University Law School
Charisa,Smith,Associate Professor,City University of New York School of Law
Linda,Smith,James T. Jensen Professor of Law,University of Utah S.J. Quinney College of Law
Susan Lea,Smith ,Professor,Willamette University
William,Snape,Assistant Dean and Professor ,”American University, Washington College of Law”
Robert,Solomon,Clinical Professor of Law,UC Irvine School of Law
Larry,Spain,Alvin R. Allison Professor of Law,Texas Tech University School of Law
Sophie,Sparrow,Associate Dean for Faculty Research & Development; Professor of Law,University of New Hampshire School of Law
Norman W.,Spaulding,Nelson Bowman Sweitzer and Marie B. Sweitzer Professor of Law,Stanford Law School
Shanin,Specter,Professor of Practice,UC Hastings
Mark,Spiegel,Professor,Boston College Law School
Jane,Spinak,Edward Ross Aranow Clinical Professor,Columbia Law School
Peter,Spiro,Charles Weiner Professor of Law,Temple University Beasley School of Law
Laura,Spitz,Associate Professor,University of New Mexico School of Law
Max,Stearns,”Venable, Baetjer & Howard Professor of Law”,University of Maryland Carey School of Law
Mike,Steenson,Professor of Law,Mitchell Hamline School of Law
Allan,Stein,Professor of Law,Rutgers Law School
Norman,Stein,Professor,”Kline School of Law, Drexel University”
Michael,Steinberg,Professor from Practice,University of Michigan Law School
Adam,Steinman,University Research Professor of Law,University of Alabama School of Law
Joan,Steinman,”Professor of Law Emerita, University Distinguished Professor Emeritus”,”Chicago-Kent College of Law, Illinois Tech”
Beth,Stephens,Distinguished Professor,Rutgers Law School
Faith,Stevelman,Professor of Law,New York Law School
Geoffrey,Stone,Edward H. Levi Distinguished Professor of Law,The University of Chicago
Robert,Strassfeld,Professor of Law and Deputy Director Financial Integrity Institute,Case Western Reserve University School of Law
Christian,Sundquist,Professor of Law,Albany Law School
Allison,Tait,Associate Professor,University of Richmond School of Law
Dan,Tarlock,University Distinguished Professor Emeritus,”Illinois Tech, Chicago-Kent College of Law”
David,Tarrien,Associate Professor,WMU Cooley Law School
Jennifer ,Taub,Professor of Law,Vermont Law School
Zephyr,Teachout,Associate Professor of Law,Fordham University School of Law
Evelyn,Tenenbaum,Professor of Law,Albany Law School
Rick,Tepker,Professor of Law and Calvert Chair of Law & Liberty,University of Oklahoma
Joseph,Thai,Glenn R. Watson Centennial Chair in Law and Presidential Professor of Law,University of Oklahoma College of Law
Suja,Thomas,Professor of Law,University of Illinois College of Law
Alice,Thomas,”Associate Professor and Interim Director, Center for Excellence in Teaching, Learning and Assessment”,Howard University School of Law
Joseph,Thome,Emeritus Professor,University of Wisconsin Law School
Dana,Thompson,Clinical Professor of Law,University of Michigan Law School
Elizabeth,Thornburg,Richard R. Lee Endowed Professor of Law,SMU Dedman School of Law
Michael,Tigar,Emeritus Professor ,Duke Law School
Adam,Todd,Professor of Lawyering Skills and Human Rights Coordinator,University of Dayton School of Law
Franita,Tolson,Professor of Law ,USC Gould School of Law
Ciara ,Torres-Spelliscy ,Professor of Law,Stetson University College of Law
Laurence,Tribe,Carl M. Loeb University Professor,Harvard Law School
Enid,Trucios-Haynes,Professor of Law ,University of Louisville
C. Cora,True-Frost,Associate Professor of Law,Syracuse University College of Law
Alexander,Tsesis,Professor or Law,”Loyola University School of Law, Chicago”
Nicole,Tuchinda,Visiting Assistant Professor and Director of the Juvenile and Special Education Law Clinic,University of the District of Columbia David A. Clarke School of Law
David,Uhlmann,”Jeffrey F. Liss Professor from Practice and Director, Environmental Law and Policy Program”,University of Michigan Law School
Rodney,Uphoff,Elwood L. Thomas Missouri Endowed Professor Emeritus of Law,University of Missouri School of Law
Rachel,Van Cleave,Professor of Law,Golden Gate University School of Law
Joyce ,Vance,Distinguished Professor of the Practice of Law,University of Alabama School of Law
Julia ,Vazquez ,Associate Clinical Professor of Law,Southwestern Law School
J.W.,Verret,Associate Professor of Law,George Mason University Antonin Scalia Law School
Joseph,Vining,Hutchins Professor of Law Emeritus,University of Michigan Law School
Joan,Vogel,Professor of Law,Vermont Law School
Rachel,Vorspan,Professor of Law,Fordham Law School
Dov,Waisman,Vice Dean & Professor of Law,Southwestern Law School
Rangeley,Wallace,Practitioner-in-Residence,”Washington College of Law, American University”
Adrian,Walters,Ralph L. Brill Professor of Law,IIT Chicago-Kent College of Law
Daniel,Warshawsky,Professor of Law,New York Law School
Jonathan,Weinberg,Associate Dean for Research & Faculty Development and Professor of Law,Wayne State University Law School
Mark S.,Weiner,Professor of Law,Rutgers Law School
Brandon,Weiss,Associate Professor of Law,University of Missouri Kansas City School of Law
Deborah ,Weissman ,Reef C. Ivey II Distinguished Professor of Law ,University of North Carolina
Donal,Wells,Emeritus Associate Professor ,Mercer University
Keith,Werhan,Ashton Phelps Chair in Constitutional Law,Tulane Law School
James Q.,Whitman,Ford Foundation Professor,Yale Law School
Jonathan,Wiener,William R. & Thomas L. Perkins Professor of Law,Duke Law School
Grace,Wigal,Teaching Professor Emeritus,West Virginia University College of Law
Bryan H.,Wildenthal,Professor of Law Emeritus,Thomas Jefferson School of Law
Amelia ,Wilson ,Associate Research Scholar,Columbia Law School
Michael,Wishnie,William O. Douglas Clinical Professor of Law,Yale Law School
John,Witt,Allen H. Duffy Class of 1960 Professor of Law,Yale Law School
Brian,Wolfman,”Director, Appellate Courts Immersion Clinic and Associate Professor of Law”,Georgetown University Law Center
Evan,Wolfson,Distinguished Visitor from Practice,Georgetown Law Center
Barbara,Woodhouse,L.Q.C. Lamar Professor of Law,Emory University Law School
Lauris,Wren,Clinical Professor of Law,Maurice A. Deane School of Law at Hofstra University
Dwayne,Wright,Visiting Assistant Professor ,George Washington University Law School
Gideon,Yaffe,Wesley Newcomb Hohfeld Professor of Jurisprudence,Yale Law School
Ray,Yasser,Professor of Law,University of Tulsa College of Law
Donna,Young,President William McKinley Distinguished Professor of Law and Public Policy,Albany Law School
Rebecca,Zietlow,Charles W. Fornoff Professor of Law & Values,University of Toledo College of Law
Paul,Zwier,Professor of Law,Emory University School of Law

 

*Affiliations noted for identification purposes only.

 

A Nation Coming Apart

coming apart

The Atlantic devotes its December issue to that topic.

In my opinion, the article on social media as a cause for our national crisis, and the one on the defects in our nominating system as a cause for our national crisis, are interesting and instructive. But I do not think either article properly identifies the cause of our national crisis.

No, in my opinion, for what it may be worth, the piece by Adam Serwer accurately describes the root cause of our plight: “The true cause of American political discord is the lingering resistance of those who have traditionally held power to sharing it with those who until recently have only experienced its serrated edge.”

This analysis may be contrasted with another piece in the magazine, focusing on the urban versus rural, rich areas versus poor areas, better educated versus poorly educated splits as the root causes of Trumpism.

So, are people Trump supporters because they are racist, or because they are live in rural areas, are relatively poor, and lack education?

The best answer I can find is that they are Trump supporters because they are racists, because the world is changing in ways they can’t control, and because unscrupulous people have scared them witless.

The lead article in the issue—Yoni Appelbaum, How America Ends: A tectonic demographic shift is under way. Can the country hold together?—provides an admirable treatment, based on a deep dive into American history and recent comparative political studies. Mr. Appelbaum read the books, so you don’t have to.

Talking Heads, Male and Female

This morning, the talking heads on the teevee were busy talking about Biden’s temper tantrum. The talking heads of the male persuasion thought he did just fine, because he “showed emotion” and “pushed back.” The female talking heads were entirely unimpressed by his manly strength and hot temper, given the fact that keeps on giving bullshit responses to a legitimate and highly relevant question: in essence, Didn’t your son make a mistake in Ukraine, and didn’t you make a mistake by not disavowing his actions?

I’m probably losing my Y-chromosomes, but the ladies were clearly right on this one.

Nancy Pelosi just got through showing us that when a hostile person asks you a bullshit question, go ahead and push back, and push back hard. But when someone asks you a reasonable question, give a reasonable response to the question they asked.

Even if you object to their tone. In fact, especially when you object to their tone.

The Great and the Good, Pushing the Envelope

Over and apart from my general objection to bullshit answers, there’s a more specific concern that rings my bells. A lot of Hillary’s undoing grew out of her attitude that she was one of The Great And The Good—and that it was really unsporting for anyone to draw attention whenever she, or someone in her family, was pushing the envelope, ethicswise. Her attitude of high moral superiority just sort of left a bad odor in the room.

Everyone screws up now and then. But it’s not good to deny the screwup and impugn the motives of the one who questions you about the screwup.

Not exactly the way to win friends and influence people.

**

Hello Canada, Denmark, France, Pakistan, Singapore, South Africa, South Korea, Tanzania, the United Kingdom, and the United States.

Yo, Garment Renders, You Might Want to Check This Out

garment render

Here’s the latest Morning Consult polling on Trump’s approval in 15 states, where the 2020 race may be close. The second column shows how the state voted in 2016. The third column shows Trump’s negative or positive approval currently.

  Trump 2016 Vote Net % Trump Current Approval

Net %

Arizona plus 3.57 minus 4
Colorado plus 4.91 minus 15
Florida plus 1.20 plus 1
Georgia plus 5.09 minus 3
Iowa plus 9.41 minus 13
Michigan plus 0.23 minus 14
Minnesota plus 1.51 minus 13
Nevada plus 2.42 minus 7
New Hampshire minus 0.37 minus 15
North Carolina plus 3.66 minus 2
Ohio plus 8.13 minus 5
Pennsylvania plus 0.72 minus 7
Texas plus 8.99 plus 3
Virginia minus 5.32 minus 7
Wisconsin plus 0.77 minus 14

In Sum

Trump carried 13 of these 15 swing states in 2020. Now, his approval is under water in 13 of the 15.

In Context

Some Trump “Approvers” Will Vote Against Trump, Depending on the Democratic Candidate

That’s what lots of polling has shown. (Presumably, when the pollster asks if they “approve of the job Trump is doing as President,” they think of some policy or outcome they like, such as their big tax cut.)

You Can Fool Some of the People All of the Time, and Now We Know Who They Are, and There Aren’t Enough of Them

The 2016 data show that just over half of Wisconsinites could be fooled at least some of the time. But the 2019 data show that only 36 percent of them can be fooled all of the time.

The Trump Sorting Hat

sorting hat

The Trump effect on the country is like the Hogwarts sorting hat. It drives away everyone who can’t be fooled all of the time.

What about Impeachment?

I entertain not the slightest doubt—zero, zilch, nada—that if the case for impeachment were weak on the facts OR if it were weak as a matter of constitutional principle, the effort to impeach would be a negative for Democrats. That it might, for example, push some of the 15 percent of Wisconsinites who have changed their minds since 2016 to rethink their views and change their allegiance back to Trump.

But the Democrats’ case is very strong on the facts, and it is very strong on constitutional principle.

The Republicans deny the facts and ignore the constitutional principle. But sayin’ ain’t showin’. It’s true that if you tell the same lies over and over, your lies may tend to get accepted as truth. But that rule of thumb doesn’t work so well if, every time you repeat your lie, a voice of equal strength sounds off to explain why it is a lie.

And that Hogwarts sorting hat just keeps on sortin’.

 

 

 

 

 

 

 

 

 

 

He Can Name Barron, But He Cannot Name Barron a Baron

Barron

Alexandra Petri, Pamela Karlan committed the one unspeakable crime:

At last they have gone and done it. They have crossed that last frontier of decency. They have insinuated the unbearable — nay, the unthinkable: that Barron Trump is not a baron.

“While the president can name his son Barron, he can’t make him a baron,” said Professor Pamela Karlan at the House Judiciary Committee’s impeachment hearing. I am chagrined to retype the words, so obviously loathsome are they. To state that a child is not a baronet — this is the worst kind of speech, and one of many reasons we ought to consider tightening up that First Amendment. …

No, this indignation is entirely justified. To allude to the fact that the president has minor children who are not royalty is the unkindest cut of all, and we must leave them out of it.

This outrage is certainly not trumped up — oh, no, now I have gone and invoked a child’s last name, too. Surely the tumbrel is coming for me.

All Seriousness Aside

All seriousness aside, sarcastic humor has its place. Like in this blog. Or, better yet, in an Alexandra Petri column.

But a witness is always advised to stay away from sarcastic humor while witnessing. It generally does not go over well.

Mayor Pete, Anyone?

Sleepy Joe

Washington Post, Biden calls Iowa voter aa ‘liar’ after he brings up his son and Ukraine:

Democratic presidential candidate and former vice president Joe Biden got into an extraordinary exchange Thursday afternoon with an Iowa farmer who first called him too old to run and then challenged him on Hunter Biden’s activities in Ukraine, triggering Biden to call the man “a damn liar.”

“You’re damn near as old as I am,” the man started. “You’re too old for the job. I’m 83, and I know damn well I don’t have the mental faculties I did 30 years ago.”

Then he turned toward what he said was a more pressing concern.

“We all know Trump has been messing around in the Ukraine over there, holding their foreign aid . . . saying they’re going to investigate you,” he said. “He’s got no backbone, we know that.”

“But you, on the other hand, sent your son over there to get a job and work for a gas company that he had no experience with gas or nothing, to get access to the president,” he continued. “You’re selling access to the president just like he was.”

“You’re a damn liar, man,” Biden said. “That’s not true. And no one has ever said that.”

“The hell it ain’t,” the man replied. “I see it on the TV.”

“You see it on the TV?” Biden said.

“All I do is watch TV,” the man continued.

“No, I know you do,” Biden responded, as he moved closer to the man, looked him in the eye and instructed one of his staffers not to take the microphone away from the man.

“And by the way, I’m not sedentary,” Biden, 77, continued. “Look, the reason I’m running is I’ve been around a long time, and I know more than most people know. And I can get things done, that’s why I’m running. And you want to check my shape, man, let’s do push-ups together here, man. Let’s run. Let’s do whatever you want to do. Let’s take an IQ test. Okay?”

“Number two,” Biden said. “No one has said my son has done anything wrong. And I did not on any occasion — and no one has ever said it.”

The Iowan interjected, saying, “I didn’t say you were doing anything wrong.”

“You said I set up my son to work on an oil company!” Biden said, growing more agitated and raising his voice. “Isn’t that what you said? Get your words straight, Jack!”

“That’s what I hear on MSNBC all day,” the man said.

“You don’t hear that on MSNBC,” Biden said.

“The hell I didn’t,” came the response.

“You did not hear that at all. What you heard — look, okay,” Biden said, trying to calm the exchange. “I’m not going to get in an argument with you, man.”

“I don’t want to either,” the man said.

“Well, yeah you do,” Biden responded.

“It looks like you don’t have any more backbone than Trump does,” the man said, as the crowd groaned.

“Any more questions?” Biden said, turning elsewhere in the audience.

As he sat down, the man said he wasn’t going to be voting for Biden.

Paging Goldilocks. Goldilocks, Please Pick Up any White Courtesy Phone.

goldilocks

This morning, we read that some of the Republican empty suits are trying to rally around Professor Turley’s argument that the impeachment is going way too fast. Meanwhile, someone else thinks it should be even faster.

Fast Tweet

This is the sort of thing that happens when you try to deal with a tough situation without the effective assistance of counsel.

Advocates Gonna Advocate

ballistics expert

Yesterday, Professor Turley’s role was as an expert witness advocate, not a scholar delivery an unbiased opinion grounded in factual and legal scholarship. Dana Milbank nails down the point:

[Turley] made almost exactly the opposite case against President Barack Obama in a 2013 hearing. “This will not be our last president,” he argued then, saying it would be “very dangerous” to the balance of powers not to hold Obama accountable for assuming powers “very similar” to the “the right of the king to essentially stand above the law.”

Now we have a president soliciting campaign help from a foreign country while withholding military aid, then ignoring duly issued subpoenas — and Turley says Congress would be the entity committing an “abuse of power” if it holds Trump to account. Trump shared that quote on Twitter.

Back in 1998, arguing for President Bill Clinton’s impeachment, Turley said there was “no objective basis” to claim that the Framers intended a “restrictive definition of ‘high crimes and misdemeanors.’ ” Now Turley argues that the Framers intended a restrictive definition, applying “bribery” only to “money” transactions.

How Did Turley Do as an Advocate?

Tone and Manner

He affected the tone and manner of a coolly aloof, highly confident person masquerading as an objective expert, all while mouthing arguments in support of his client.

Pretty much what you want in an expert witness.

I turn now from theater criticism to substance.

Turley’s Approach to His Job as Expert Witness Advocate

Let’s say you are an advocate—whether as lawyer or expert witness, it doesn’t matter, because you’re all on the same team—for a bad client with a rotten case. There are two things you don’t want to do, and one thing you do want to do.

You do not want to just throw spaghetti at the wall, in a transparently desperate effort to divert the judge’s and the jury’s attention from your client’s wickedness. It’s unethical, but it’s still a bad idea, even if you lack scruples, because it’s unlikely to work.

And, if you’re an expert witness, you do not want to abuse your credentials as an expert by offering an opinion that is just bullshit. If, for example, you are an expert on materials science, you do not want to offer bullshit testimony about tensile strength. (One: you’ll get found out. Two: because you’ll get found out, your client will probably lose. Three: it’s really bad for your future employment prospects as an expert witness.)

Here’s what you do want to do: you want to ask yourself, “Self, what plausible or semi-plausible arguments can I make that do not make me look like a charlatan and sound like a fool?” If that’s the way you approach the task, you will probably find some plausible or semi-plausible arguments that fill the bill.

I would say that Turley generally approached his with the right mindset.

The Standard of Impeachability and the Constitutional Definition of “Bribery”

He probably did about the best he could do to support a losing case.

Ditto for the views he shared on the timing of impeachment.

Likewise for his opinion on the “thinness” or “thickness” of the factual record.

He probably understood that his job was not to convince the unpersuaded. His job was to give the Trump Cultists some talking points that would appeal to them.

A Bridge Too Far for Professor Turley

For legal scholars and advocates, thinking about hypothetical cases is as natural as eating a ham sandwich for lunch. So the professor thought of a hypothetical case: a case where Congress—or at least one branch of Congress—violates the balance of power by refusing to recognize the judicial branch’s constitutional right to referee disputes between the legislature and the executive over what is or is not a proper assertion of executive privilege, and over what documents and testimony must or must not be provided in response to a congressional subpoena.

Turley’s expert opinion was that, in such a case, Congress would be abusing its power.

And so it would, in that hypothetical case.

It’s a perfectly fine hypothetical, and Turley’s analysis is perfectly fine.

The problem is that in the real world, it’s not Congress that is denying the constitutional principle of checks and balances. It’s Trump.

It was unprofessional for Turley, even as an advocate, to ignore or misstate legally relevant facts.

Auditioning for Defense Counsel in the Senate Trial?

I believe that is what Turley is up to.

Clearly, the job is currently vacant.

Turmp could do a lot worse. And probably will.