Here's the thing: when you don't have the facts, it's foolhardy to get over your skis being certain about any of this...but it's also entirely rational to fall back on your priors about the people, institutions, & incentives in play.
One of those priors is Trump being shady, but another is the known record of FBI misconduct in getting warrants against him under the last D POTUS, which can't be dismissed as "old news" in this context.
And as to incentives, the White House & DOJ right now are run by people with a panting & visible desperation to keep Trump in the news & use stray voltage tactics to rally his supporters around him to prevent them from moving on (say, to DeSantis.)
If you want to talk people out of those entirely rational frameworks, you need radical transparency with hard facts.
"Trust us, we're the FBI" isn't gonna work in a Trump investigation. If you claim not to understand why, you're six years behind the plot.
At the same time, FBI & DOJ know perfectly well by now how this plays with Biden's #Resistance base ahead of the midterm. They can't possibly claim that doing this now, then keeping silent on the justifications, isn't producing precisely that political reaction.
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This is how people talk themselves into violence. Imagine tweeting this the morning after a major world leader was assassinated, about a guy who had an armed assassin arrested outside his house last month.
I can think of all manner of bad things that various left-wing political figures *deserve* to have happen to them, but I remain firmly opposed to mobs threatening & harassing them in daily life, not least because the logic of that leads to ever darker places for all of us.
We lived with the Supreme Court pushing the culture to the left for decades. It pushes the culture to the right for two weeks, & progressives are screaming for Court-packing, radical restructuring, jurisdiction-stripping, etc. Incapable of accepting the legitimacy of ever losing.
The lesson, as always: progressives will never, ever, ever, ever, ever, ever, ever accept the legitimacy of any system or institution in which they don't win all the time.
Progressivism cannot tolerate democracy, pluralism, or classical liberalism of any kind. All outcomes must go one way, all dissent must be crushed, every setback must be met with attacks on the system & conspiracy theories.
Gorsuch: "More than once a North Carolina attorney general
has opposed laws enacted by the General Assembly and declined to defend them fully in federal litigation." State legislators can intervene.
Berger is good as a process matter - court cases should feature a full adversarial airing of the issues, not collusive game-throwing - but it taps into the broader issue (hot in Election Clauses cases) of how much the Court defers to how states describe the division of power.