How can a story spin making dozens of policy experts and other officials being made available for interviews into a criticism? By casting the presidency as a television drama.
“As main protagonists go, Biden’s role has been comparatively limited ...” 🙄 politico.com/news/2021/01/3…
There may be legitimate reasons why it is important for the American people to hear from the president rather than other executive officials. And the sit down interview may provide something that other formats don’t.
If that’s so, then @politico should make that case on the merits rather than merely insinuating there’s a problem.

And definitely don’t fail to do so while literally talking about the president as a “protagonist”
If the last 4 years taught us nothing else, I hope they taught us not to measure public officials by whether they supply us with gripping narratives and exciting TV.

Personally, I think there’s a negative correlation between exciting TV and good governance.

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More from @CBHessick

24 Jan
I completely understand why people are angry about this.

But the truth is that the criminal justice system routinely fails to prosecute people who are obviously guilty of crimes.

It’s at the very core of modern criminal justice enforcement.
It’s a serious problem that most Americans don’t know this. But we routinely fail to prosecute people who have obviously committed crimes. We just don’t have the capacity to pursue all of those cases.
Part of the problem is that we’ve made too many things illegal.

Another problem is that we’ve refused sufficiently fund the prosecutors, defense attorneys, and judges we’d need for full enforcement.

But we also don’t have the cultural commitment to full enforcement.
Read 6 tweets
22 Jan
I'm not interested in laying blame on anyone for the filibuster or it's selective demise.

But I am *very* interested in Bryan's first point about the filibuster and constitutional design. A few quick thoughts . . .
First, I'm generally a fan of not having legislatures pass too many laws. Especially in my filed--criminal law--an active legislature often means more punishment and less liberty.

But in modern times less active legislature doesn't necessarily mean fewer laws or more liberty.
Because it is so hard for legislatures to act, we see Congress and the states delegating a lot to agencies and executive officials. It's very easy for those institutions to act. And the harder it is for legislatures to act, the more it incentivizes and normalizes delegations.
Read 13 tweets
18 Jan
I appreciate that most people want to talk about this as Turley being hypocritical.

But we should also see this as a serious breach of academic ethics and professionalism.
Turley’s prominence in public discourse relies, in part, on his position as a professor—that status carries with it a claim to expertise on legal matters.

Apparently his expertise led him to conclude the exact opposite of what he is claiming now on an issue of great importance.
When I say “great importance,” I’m not exaggerating. Some Senators have already signaled that their vote in the impeachment trial will turn on this issue. And we know because he was asked to testify at previous impeachments, that GOP leadership sees Turley as an authority.
Read 8 tweets
14 Jan
For all of the smart people (including some lawyers who follow me!) who keep saying that they have unanswered questions about problems with the election, please read this. washingtonpost.com/politics/us-at…
Whatever questions or concerns you have are simply not based in fact.
I understand that Fox News and various conservative websites keep insisting that there are real questions that remain unanswered.

But they are misleading you.

They're aren't real questions. Just misleading statements and flat out lies meant to create doubt in your mind.
Even the acting US Attorney in Atlanta was surprised that there was nothing to the allegations of voter fraud in that state.

I'm sure he watches the same news programs and reads the same websites you do.

But know he knows that all of those stories are false.
Read 14 tweets
11 Jan
So strange that Law & Crime article questioning whether the Capitol rioters could be prosecuted for felony murder and it *never discusses* the most obvious predicate felony—burglary

lawandcrime.com/legal-analysis… via @lawcrimenews
As I will be teaching my first year criminal law students later this semester, felony murder is often a question of charging strategy for prosecutors. The defendant has often multiple felonies, some of which trigger felony murder and some of which don’t.
This article makes the classic mistake of analyzing only one possible underlying felony—sedition—and not the other, more mundane felonies, including burglary.
It’s the sort of error that loses students a lot of points on their final exam!
Read 13 tweets
9 Jan
I was very glad to see so many GOP officials condemn the violence and damage caused when Pres Trump's supporters stormed the Capitol.

But I am troubled to see how many continue to either equivocate about--or even explicitly support--false claims of election fraud.
If Republicans want to push for legislation that would make it more difficult to vote, they are free to do so in Congress and statehouses.

But they need to clearly and forcefully denounce false claims that Joe Biden won the presidency because of fraud.
The only reason that Pres Trump was able to rally his supporters and tell them to march to the Capitol on Wednesday was because the GOP failed to denounce his false claims about a stolen election.

Many members of Congress supported his claims even after the Capitol was stormed.
Read 6 tweets

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