. . . sociologist Max Weber outlined 3 sources of authority.
The first traditional. This is the authority underlying monarchies.
Second is rule of law. This is the authority underlying democracy.
Third is what he called "charismatic leader."
Today we'd say "demagogue" or "strongman." This is the source of authority underlying fascist governments.
So if the source of authority is a body of law and not the whim of a king or the commands of a strongman, you have a democracy.
When rule of law breaks down . . .
. . . it means that the authority underlying government is no longer the law but something else.
The idea that all lawbreakers must get punished for there to be rule of law flies in the face of due process.
Again, let me explain . . .
You have the right to be free from unreasonable searches and seizures. That's in the Constitution. So if you are indicted and the only evidence against you was gotten through an illegal search . . . you walk free
Well, provided you have a good criminal defense lawyer 😆 . . .
Rule of law means a constitution, which means individual rights, which brings us to an idea that informs our criminal justice system: It's better to let a guilty person walk free than imprison an innocent one.
I'd like to make 2 points. (If you're still with me, you get a 🏆)
Rule of law will not be "restored" by punishing Trump. Because Trump was removed from the White House, we still have rule of law because we don't have a king or a strongman making the rules.
Also punishing Trump will not end the threat of fascism.
So I guess I have a third. . .
It's super easy to utter what I call "rage-inducing simplifications."
It can be done in a tweet.
The truth is more nuanced and takes more work to put forward.
That's why truth loses.
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Screenshot so I don't give airtime to people who trade on despair, even though it seems stingy of me to deny people such an easy route to popularity and attention.
Facts:
🔹Nobody knows what is happening inside the DOJ except people who work there.
1/
🔹People who speculate on what is happening based on evidence are, well, speculating.
🔹One problem is distinguishing fact from speculation.
🔹Here's the shocker: Just because someone is a well-known lawyer doesn't mean they are right when they speculate.
2/
🔹Another shocker: Not all lawyers are smart or good lawyers.
🔹It can be very difficult to distinguish legal facts from legal opinions. If you're a nonlawyer, this is harder than distinguishing facts or speculation.
Some things are legal facts. Others are legal opinions.
3/
Me: 768 indictments so far, including Steve Bannon and a recent indictment for seditious conspiracy. . .
in an investigation that is ongoing. . .
in less than a year, during a pandemic.
Person: NONE OF THOSE COUNT.
⤵️The Trump Org, Paul Manafort, Michael Flynn, Allen Weisselberg, George Papadopoulos, Rick Gates, George Nader, Michael Cohen, Lev Parnas. . .
Two impeachments.
The Mueller team indicted or got guilty pleas from 34 people and 3 companies.
But none of those count, right?
Wrong about what?
I've said what has happened already.
I make no future predictions.
I doubt Trump wrote it, but the argument is "why do they need to pass a law against what we tried to do if what we tried to do was illegal?"
This is the attitude he has always had toward the law, and it's the attitude his father had.
1/
I'm not saying this will work as a defense.
As I said earlier, in the criminal context, most defenses fail (ask any criminal defense lawyer).
I'm saying that it's not an admission of guilt. It's a convoluted argument that what he wanted Pence to do wasn't illegal.
2/
In fact, the law that Democrats and a few others are trying to pass is to clarify the Electoral Count Act so people don't get the idea the vice president can win the election.
As I said earlier, Trump usually loses in court.
This is for the Court of Right-Wing Opinion.
3/
. . . when you're spinning with outrage, you can't think or plan. Too much outrage leads people to think it's all hopeless, which leads to cynicism, which leads to nihilism.
In life-threatening emergencies, cool heads save lives . . .
This is how he will create the narrative that any prosecution is political. For Trump, the truth doesn’t matter. What matters is that enough people believe it.