Today is the midterm elections and it sure feels like democracy is in danger. Voting rights are under attack, misinformation is the coin of the realm, and even the jokes are hitting a little too close to home. Even mild-mannered President Joe Biden is talking about how bad it is.
But one lawyer thinks Biden’s talk’s cheap.
New York lawyer John Flannery‘s rant is about the lack of concrete action taken by the administration. Flannery, a former federal prosecutor, in particular focuses on the lack of prosecution.
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Wow.
This particular lawyer, @JonFlan, nails this. If you think the DOJ is doing a wonderful job, don’t watch this. If you think it’s fucking insane that Trump has gone unprosecuted for two years after trying to overthrow the government, then you should 100% watch this. pic.twitter.com/gCXRNXIDrW
— Jason Overstreet (@JasonOverstreet) November 4, 2022
But not everyone is running to join Flannery in his rant. As legal scholar Laurence Tribe noted, as a lawyer, he’s a bit too conservative — little c — to join in full-throated support.
The emotional me finds this refreshing and basically right. The rational lawyer in me says we can’t prosecute Trump till we’ve dotted all the i’s and crossed all the t’s and are virtually sure of succeeding. So I’m not joining @JonFlann in this attack — but man do I feel his pain
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But he’s not wrong.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).