Articles Posted in Government

Cornell professor Joseph Margulies discusses the issue of bias in the U.S. Intelligence Community (IC) and the need for research into public trust in the IC, particularly in the current “post-truth” era. Professor Margulies argues that while existing research suggests broad public support for the IC, more comprehensive and nuanced research is needed to understand how the current partisan and “post-truth” environment may be eroding trust in the intelligence function, and that the Department of Defense should commission such research to inform its understanding of and response to this issue.

Amherst professor Austin Sarat observes that in the United States, democracy faces assaults from MAGA extremists led by Donald Trump and, to a lesser extent, the illiberalism of the extreme left, with a notable shift in attitudes among young people who are less attached to democracy compared to older generations. Professor Sarat argues that the deepening political divide, along with the disillusionment of young people with democracy’s perceived failures in addressing issues like social justice and racial equality, poses a significant threat to the future of democratic governance in the country.

Amherst professor Austin Sarat describes how Fox News personality Greg Gutfeld has escalated right-wing attacks on American democracy by suggesting that elections are futile and calling for civil war as the only solution to the country's problems. Professor Sarat warns that Gutfeld’s rhetoric, unrepudiated by Fox News, poses an urgent threat to democracy and calls on the media and political leadership to educate the public on the dangers of such a mindset.

Cornell Law professor Michael C. Dorf discusses the indictment against New Jersey Democratic Senator Robert Menendez, who is accused of accepting bribes to influence foreign relations and other matters. Professor Dorf acknowledges the legal presumption of innocence in a criminal trial setting but argues that due to the ethical responsibility Senators have towards their constituents and the country, they are not entitled to the same presumption in their role, and the weight of the allegations and evidence against Menendez should prompt his resignation or expulsion from the Senate.

Former federal prosecutor Dennis Aftergut comments on five stories you might have missed that inspire continued faith in the functioning of our democracy. Mr. Aftergut suggest that when anti-democratic developments occur, citizens in a free society should never underestimate our ability to get things back on track by flexing our collective, pro-democracy muscle.

Cornell professor Joseph Margulies comments on the recent expulsion of two Democratic representatives from the Tennessee legislature after the representatives (along with one other) participated in a peaceful but disruptive protest on the House floor. Professor Margulies points out that Tennessee has a history of silencing Democratic voices through state-law preemption of local laws on matters including minimum wage, antidiscrimination law, restrictions on plastic containers, access to broadband internet, gun control, and more.

Harvard Law professor emeritus Laurence H. Tribe and former federal prosecutor Dennis Aftergut comment on an order last week by Judge Beryl Howell of the U.S. District Court for the District of Columbia ordering former Trump lawyer Evan Corcoran to answer questions he had declined to answer in January before Special Counsel Jack Smith’s grand jury. Professor Tribe and Mr. Aftergut point out that lawyers are uniquely positioned to either defend democracy against tyranny or facilitate its downfall; Judge Howell’s order reaffirmed the DC district court’s commitment to the rule of law as our shield against tyranny.

Cornell Law professor Michael C. Dorf considers whether the Biden administration’s announcement that it would end the COVID states of emergency in May affect pending Supreme Court cases involving immigration policy and student debt forgiveness. Professor Dorf explains why the news is unlikely to affect the outcome of the immigration case and, conversely, why it might affect the student debt forgiveness case.

Cornell Law professor Joseph Margulies describes the tribal blame machine, which both sides use to demonize the “other” side and drive us apart. Professor Margulies argues that a mature democracy must reject the tribal blame machine and instead embrace a fair, sober, even-handed appraisal of the facts, free from hyperbole and pot-banging.

UF Levin College of Law professor and economist Neil H. Buchanan comments on the recent announcement that under one scenario, the depletion date of the Social Security trust funds is now one year later than previously predicted—now 2035. Professor Buchanan explains the significance of this announcement—that Franklin Delano Roosevelt’s visionary program will continue (for now) to protect all generations of Americans despite efforts of Republican autocrats to destroy it.

Illinois Law dean Vikram David Amar argues that the U.S. Supreme Court should put the so-called Independent State Legislature (ISL) theory to rest sooner rather than later. Specifically, Dean Amar suggests that Justice Stephen Breyer—who is set to retire but who joined Justices John Paul Stevens, Ruth Bader Ginsburg and David Souter in expressly rejecting ISL in 2000—should be among the voices to condemn the unsupportable theory.

In this second of a two-part series of columns, UF Levin College of Law professor and economist Neil H. Buchanan explains why “The Handmaid’s Tale” is a pre-documentary—not in that it predicts what literally will happen in the United States, but in that it accurately describes America’s shift toward becoming a dystopia. Professor Buchanan points out that the mechanisms are already in place for an autocratic government to dispossess citizens of their property, and the rest can be changed at will.

Former federal prosecutor Dennis Aftergut comments on a report by the U.S. Department of Homeland Security’s Inspector General that in mid-2020, Trump administration officials in that department delayed and altered an intelligence study reporting on Russian interference in America’s 2020 presidential election. Mr. Aftergut describes three reasons the DHS inspector general’s report is important and calls on all Americans to ensure the next Congress has a majority of representatives committed to preserving our constitutional republic.

Former federal prosecutor Dennis Aftergut describes the special role that lawyers play in preserving democracy—a role even more important today than it was at the county’s founding. Mr. Aftergut calls lawyers to action particularly in light of the news of a forthcoming memoir by Geoffrey Berman, the former US Attorney for the Southern District of New York who resigned rather than carry out former President Trump’s efforts to bring weak cases against political opponents.

Former federal prosecutor Dennis Aftergut comments on Wednesday’s GOP conference meeting in which House Minority Leader Kevin McCarthy attempted to distance himself from recorded comments he made immediately after the January 6 insurrection. Mr. Aftergut argues that the only way to keep our republic from falling apart is for journalists, public officials, and citizens to keep fighting for public truth.

Cornell Law professor Michael C. Dorf comments on the recent decision by U.S. District Judge Kathryn Kimball Mizelle invalidating the federal mask mandate for travelers. Professor Dorf points out the flaws in Judge Mizelle’s reasoning and argues that her ruling reflects a right-wing ideology that is hostile to government agencies addressing even the most pressing social problems.

Cornell Law professor Michael C. Dorf comments on two cases the U.S. Supreme Court recently decided that involve the “state secrets privilege.” Professor Dorf argues that the cases demonstrate that the executive branch (regardless of whether the president is a Republican or a Democrat) will go as far as the courts allow with the public secrets privilege, so it falls to Congress to rein it in.

Former federal prosecutor Dennis Aftergut opines that former Attorney General William Barr’s forthcoming memoir glosses over Barr’s substantial role in Donald Trump’s effort to undermine democracy. Mr. Aftergut argues that Barr damaged the Justice Department’s reputation for integrity, and no memoir can make up for that.

Amherst professor Austin Sarat and former federal prosecutor Dennis Aftergut point out that in the U.S. Supreme Court’s recent decision in National Federation of Independent Businesses v. Department of Labor, the conservative majority continues the right-wing assault on knowledge and expertise. Professor Sarat and Mr. Aftergut argue that the conservative attack on regulatory agencies and the expertise they represent is a classic indicator of creeping totalitarianism—the blurring of the distinction between fact and fiction.

Amherst professor Austin Sarat explains why it is so important that the hearings by the House Select Committee on the events of January 6, 2021, be and appear to be fair. Professor Sarat argues that an atmosphere of fairness and seriousness, similar to that of the Watergate hearings in 1973, is necessary not only to persuade independents about what happened behind the scenes on January 6, but also to turn the committee’s findings into a voting issue.