Tradition is not the worship of ashes, but the preservation of fire.—Gustav Mahler

Sunday, May 19, 2019

Thaddeus Stevens Remembered



Rep. Fernando Wood (Dem-NY): I’ve asked you a question, Mr. Stevens, and you must answer me. Do you or do you not hold that the precept that “All men are created equal” is meant literally? Is that not the true purpose of the [13th] [A]mendment? To promote your ultimate and ardent dream to elevate ...
Rep. Thaddeus Stevens (Repub.-PA): The true purpose of the amendment, Mr. Wood, you perfectly named, brainless obstructive object ...
Rep. Wood: Now you have always insisted, Mr. Stevens, that Negroes are the same as white men are.
Rep. Stevens: The true purpose of the amendment ... I don’t hold with equality in all things, only with equality before the law. Nothing more.
Rep. Wood: That’s ... That’s not so. You believe that Negroes are entirely equal to white men. You’ve said it a thousand times!
Rep. George Pendleton (Dem-Ohio): For shame! For shame! Stop prevaricating and answer Representative Wood!
Rep. Stevens: I don’t hold with equality in all things, only with equality before the law.
Rep. Pendleton: After the decades of fervent advocacy ...
Rep. Ashley (Repub.-Ohio): He’s answered your questions! This amendment’s not to do with race equality.
Rep. Stevens: I don’t hold with equality in all things, only with equality before the law, and nothing more!
Mrs. Lincoln: Who’d ever have guessed that old nightmare capable of such control? He might make a politician someday.
Mrs. Keckley: I need to go.
Rep. Pendleton: Your frantic attempt to delude us now is unworthy of a Representative. It is, in fact, unworthy of a white man!
Rep. Stevens: How can I hold that all men are created equal when here before me stands, stinking, the moral carcass of the gentleman from Ohio, proof that some men are inferior, endowed by their Maker with dim wits, impermeable to reason, with cold, pallid slime in their veins instead of hot, red blood! You are more reptile than man, George! So low and flat that the foot of man is incapable of crushing you.
Rep. Pendleton: How dare you?
Rep. Stevens: Yet even you, Pendleton, who should have been gibbeted for treason long before today. Even worthless, unworthy you ought to be treated equally before the law! And so again, sir, again and again and again I say, I do not hold with equality in all things, only with equality before the law. 

Seth Barrett Tillman, Thaddeus Stevens Remembered, New Reform Club (May 19, 2019, 7:45 AM), <https://reformclub.blogspot.com/2019/05/thaddeus-stevens-remembered.html>.  


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Polls Wrong: Any Pattern Here?






Seth Barrett Tillman, Polls Wrong: Any Pattern Here?, New Reform Club (May 19, 2019, 4:34 AM), <https://reformclub.blogspot.com/2019/05/polls-wrong-any-pattern-here.html>, <https://twitter.com/SethBTillman/status/1130026222115704832>. 

Tuesday, May 14, 2019

Tillman on Toleration and Prejudice in Academia


I quote Professor [Geoffrey] Stone in full.
The Christian establishment responded with a vengeance [to the spread of Deism]. As early as 1759, Ezra Stiles warned that “Deism has got such a Head” that it is necessary to “conquer and demolish it.” Thirty years later, Timothy Dwight, the president of Yale, published a biting antideist work, The Triumph of Infidelity, and Edward Gibbon’s Decline and Fall of the Roman Empire was literally put to the torch at Harvard because of “its uncomplimentary interpretation of early Christianity.” In 1784, Ethan Allen, the leader of the Green Mountain Boys and the hero of the Battle of Ticonderoga, published a book-length argument for deism. This work, Reason the Only Oracle of Man, was furiously condemned by the clergy. Timothy Dwight accused Allen of championing “Satan’s cause,” Ezra Stiles charged that Allen was “profane and impious,” and the Reverend Nathan Perkins called him “one of the wickedest men that ever walked this guilty globe.”
Stone’s consistent use of terms like “with a vengeance,” “warn[],” “biting,” “accused,” and “charged” is puzzling. Is it really true the clergy not only “condemned” Allen’s Reason the Only Oracle of Man, but that they did so “furiously”? How does one fairly distinguish a furious condemnation from a plain condemnation from a mere emphatic disagreement or an honest debate over strongly held beliefs and principles? The choice of such terms is, in most (albeit, not in all) cases, indicative of a lack balance, of a lack of perspective. Much of what Stone describes above was nothing more than writings and speeches in private letters, sermons, and books. In law review articles, traditionally, such speech is usually characterized in less judgmental and more neutral terms, i.e., as core First Amendment protected activity (although there was, of course, no First Amendment at this time).
Indeed, if such speech is fairly characterized as “respond[ing] with a vengeance,” merely because it opposes other speech and comes next-in- time, then this Article and every other academic disagreement will fall under the orbit of that expression. At that point the phrase itself ceases to be meaningful. Admittedly, not all of the statements quoted by Stone were vanilla, even-handed, and unthreatening: Stiles’ “conquer and demolish” statement does seem a touch strong. But Stiles looks much better in fuller context.
It is true with this Liberty [of accepting deistical books into religiously-affiliated university libraries] Error may be introduced; but turn the Tables [and see that] the propagation of Truth may be extinguished [if you do otherwise]. Deism has got such Head in this Age of Licentious Liberty, that it would be in vain to try to stop it by hiding the Deistical Writings: and the only Way left to conquer & demolish it, is to come forth into the open Field & Dispute this matter on even Footing—the Evidences of Revelation in my opinion are nearly as demonstrative as Newton’s Principia, & these are the Weapons to be used . . . . Truth & this alone being our Aim in fact, open, frank & generous we shall avoid the very appearance of Evil.
How is this an example of the “establishment respond[ing] with a vengeance” to the spread of Deism? If anything Stiles overflows with a very boring, almost trite excess of Brandeisian toleration, although he clearly is attached to his own parochial theological views. To me at least, Stone’s “conquer and demolish” snippet misses much more than it explains.
As to Stone’s fantastic claim that circa 1789 Gibbon’s Decline and Fall was “literally put to the torch at Harvard,” I see no evidence that any such event ever happened. To make his case, Stone wholly relies on Professor Kerry Walters’ 1992 publication: Rational Infidels: The American Deists. Walters does not actually say “torched,” he says “burned.” Walters, in turn, relies on William Henry Channing’s The Life of William Ellery Channing, D.D. and G. Adolf Koch’s Republican Religion. But neither work supports Walters’ position. Channing merely records that “[t]he patrons and governors of the college made efforts to counteract the effect of the[] [principles of the French Revolution] by exhortation, and preaching, and prayer, as well as by the publication of and distribution of good books and pamphlets.” I see no indication of any book-burning. By contrast, Koch writes that in 1791 “Gibbon’s famous work was publicly banned . . . by the President of Harvard College from that institution.” Again, no book-burning, no torching, no auto-da-fé.
Nevertheless book-banning at a university is pretty terrible behaviour (or, at least, it is when adjudged under contemporary standards). But it seems there was no book banning either! Koch’s only source is John Quincy Adams’ Life in a New England Town: 1787, 1788. Adams does not indicate that Gibbon was banned; rather, Adams indicates that in setting the curriculum the President preferred Millot’s Elements of History to Gibbon’s Decline and Fall. To sum up, in 1791 Harvard made a mundane curriculum decision; it was recorded in a 1903 publication; in 1933 it became a book-banning; in 1992 it became a book-burning, and in 2008 Professor Stone tells us Gibbon was “literally put to the torch” at Harvard. Literally.
The constellation of facts, misunderstandings, misstatements, exaggeration, and error hardly seems believable. Still, there is no reason to judge Stone harshly: such mistakes do happen.** His mistake, such as it was, was to rely on a single source, Walters, who, apparently misquoted Koch, who expanded on Adams’ initial statement.
***
. . . Here we come to an awkward and difficult point. Leave aside Professors Stone, and Walters, and Koch—what about you, the reasonable and well-informed reader. When you read Stone’s claim in regard to a book burning at Harvard, circa 1789, did you believe it? Try to remember your reaction, if any. Did it seem shockingly wrong, or did you just read past his claim as a matter of no real consequence, or did it seem reasonably tenable to you? And if you thought the latter, what other historical fictions (or unsupported factual claims) might you believe in error (or absent sufficient evidence), and what does that say about the prejudices you may harbor in relation to people different from yourself? Did you blush when you read Stone’s claim, or are you blushing now? 


The above is from my 10-year-old publication: Seth Barrett Tillman, Blushing Our Way Past Historical Fact And Fiction: A Response to Professor Geoffrey R. Stone’s Melville B. Nimmer Memorial Lecture and Essay, 114 Penn St. L. Rev. 391, 402–09 (2009) (footnotes omitted) (asterisked footnote added), <https://ssrn.com/abstract=1333576>.

**My comment here was prescient.


Seth Barrett Tillman, Tillman on Toleration and Prejudice in Academia, New Reform Club (May 14, 2019, 10:53 AM), <https://reformclub.blogspot.com/2019/05/tillman-on-toleration-and-prejudice-in.html>.

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Monday, May 13, 2019

What The Irish Times Will Print About White Americans

May 13, 2019
  
Letters Editor
The Irish Times

Re: Una Mullally, Eroding reproductive rights part of white America’s cruelty playbookThe Irish Times (May 13, 2019), <https://www.irishtimes.com/opinion/una-mullally-eroding-reproductive-rights-part-of-white-america-s-cruelty-playbook-1.3889641>

Ms Mullally wrote that “Everything comes back to race in America, that is true. But everything also comes back to white American cruelty.” If this statement, along with several others like it in the same editorial, are not straight-up anti-white bigotry, what is? Would Ms Mullally or other writers at The Irish Times be willing to pick any another racial or ethnic group, i.e., a group other than “whites,” and proceed to say “everything” wrong with some other society “comes back to” that group’s behaviour, much less its “cruelty”? I doubt it. And if this sort of writing is acceptable at The Irish Times as a standard which applies exclusively to “white” people, then certain conclusions will naturally follow. Indeed, they must follow. 

Seth 

Seth Barrett Tillman, What The Irish Times Will Print About White Americans, New Reform Club (May 13, 2019, 5:14 PM), <https://reformclub.blogspot.com/2019/05/what-irish-times-will-print-about-white.html>.


Seth Barrett Tillman, Letter to the Editor, ‘White America’s cruelty playbook,’ The Irish Times, May 15, 2019, at 13, <https://www.irishtimes.com/opinion/letters/white-america-s-cruelty-playbook-1.3892144>. 

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Conlawprof, the Sandbox, and Orangeman Bad





Today on Conlawprof, Professor AAA wrote:
This should have been a winning argument if text mattered or if Thomas wasnt an unconscionable hypocrite.
Professor BBB responded with:
I did notice that Professor AAA called Justice Thomas an “unconscionable hypocrite.” Please stop with the name-calling.
Professor AAA replied:
I will call public figures what I want, when I want. . . .
[P]oliticians are called out all the time, [as well as] governors, Senators, Presidents. On this list, the Clintons have been called much worse than unconscionable hypocrites. There is no earthly reason the same standard shouldn’t be applied to those politicians we call judges.
Professor CCC chimed in with Orangeman Bad:
Silly nicknames are silly and unworthy of anyone, including public figures talking about other pub[l]ic figures, but reasonably well considered characterizations are within the realm of polite discussion about robed public figures.
My contribution was as follows:
Professor AAA wrote: “This should have been a winning argument if text mattered or if Thomas wasn’t an unconscionable hypocrite.” (emphasis added) Somehow, I am not all that confident that that was what AAA meant to write. I could be wrong, but I think AAA meant to write (or, perhaps, should have written): “This should have been a winning argument if text mattered or if Thomas weren’t an unconscionable hypocrite.” Let me put it another way: if AAA actually meant what he wrote, then what he wrote is not all that much of an insult, and Professor BBB has little cause to complain about name-calling. Of course, it is possible that I am wrong about this, but I think Justice Thomas (for one) would know the difference between the indicative and subjunctive moods.
Seth

Seth Barrett Tillman, Conlawprof, the Sandbox, and Orangeman Bad, New Reform Club (May 13, 2019, 3:40 PM), <https://reformclub.blogspot.com/2019/05/conlawprof-sandbox-and-orangeman-bad.html>. 

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Orwell’s Newspeak and The Observer (a/k/a the Sunday edition of The Guardian)




Simon Tisdall, Mike Pompeo: a bully boy calls at No 10, The Observer (a/k/a the Sunday edition of The Guardian) (May 4, 2019, 15:07 BST) (emphases added), <https://www.theguardian.com/us-news/2019/may/04/mike-pompeo-bully-boy-calls-at-no-10>:

The [American] decision to invite Hungary’s much-ostracised nationalist leader Viktor Orban to meet Trump at the White House on the eve of this month’s critical EU parliamentary elections smacks of typical Pompeo-style contempt for European democracy.

Orban was elected by the voters of Hungary. So it is difficult to see why meeting with him should be construed as an offense against democracy. One might as well posit the opposite: that failing to meet with an elected leader is a sign of contempt for normal democratic institutions. Of course, Tisdall, the editorialist, does not speak to anything like common or ordinary democracy; rather, he speaks in terms of something elsesomething more enlightened, more complex, and more nuanced: European democracy. The EU is a parliamentary “democracy” that lives and breathes absent anything like meaningful responsible government. What Tisdall means is that Orban—although popular with actual voters in his own country—among people who have an incentive to know precisely what Orban is up toremains an object of suspicion among the bureaucrats in Brussels and among members of the European Parliament from countries other than Hungary. What Tisdall does not understand is that it is he who is illustrating a contempt for ordinary democracy and ordinary voters. 

Orwell’s newspeak and 1984 were supposed to be an account of a fictional dystopic future, not a how-to manual.

Seth

Seth Barrett Tillman, Orwell’s Newspeak and The Observer (a/k/a the Sunday edition of The Guardian), New Reform Club (May 13, 2019, 9:41 AM), 
<https://reformclub.blogspot.com/2019/05/orwells-newspeak-and-observer-aka.html>. 

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Sunday, May 05, 2019

Another Day On Conlawprof




Professor AAA: To say, therefore, that no one was misled by Barr[’s] [letter] is simply wrong, even if one over generously conceded that there was no intention to do so.

Tillman: Barr’s letter was a summary of principal conclusions. All knew that the full report (less redactions) would come out in a few weeks’ time. The idea that people were too stupid to suspend judgment until the later of the two events or that people who had not suspended their judgment were constitutionally incapable of changing their minds in light of the full report demeans the common sense of everyman. No one was misled. My guess is that no one on this list will admit to being so misled—it is just other people they think were misled. And if a listserv member tells us they were misled but changed their mind in light of the redacted report, why do they think others have not done the same?

The idea that Americans were misled by an Executive Branch letter from a presidential appointee ....

Seth 

Seth Barrett Tillman, Another Day On Conlawprof, New Reform Club (May 5, 2019, 12:16 PM), <https://reformclub.blogspot.com/2019/05/another-day-on-conlawprof.html>.

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Monday, April 29, 2019

Statistics on New Reform Club's Audience

EntryPageviews
United States
716303
Germany
59661
Russia
50174
France
32824
Ukraine
26768
Ireland
17298
Canada
16107
United Kingdom
13781
China
7276
Australia
5823


Seth Barrett Tillman, Statistics on New Reform Clubs Audience, New Reform Club (Apr. 29, 2019, 12:01 AM), <https://reformclub.blogspot.com/2019/04/statistics-on-new-reform-clubs-audience.html>. 

Sunday, April 28, 2019

Why Obama and Clinton Described the Sri Lankan Victims as “Easter Worshippers” and not as “Christians”: A Friendly Amendment for Dennis Prager




Dennis Prager wrote: “The reason neither [President Obama nor Secretary Clinton] mentioned Christians or churches is that the left has essentially forbidden mention of all the anti-Christian murders perpetrated by Muslims in Europe, the Middle East, and Africa, and of all the Muslim desecration of churches in Europe, Africa, and anywhere else.” Dennis Prager, Why Obama and Clinton Tweeted About ‘Easter Worshippers,’ Not Christians, The Daily Signal (Apr. 23, 2019), <https://www.dailysignal.com/2019/04/23/why-obama-and-clinton-tweeted-about-easter-worshippers-not-christians>. The problem here is that Prager is merely describing the phenomenon; he is not explaining the worldview that gives rise to Obama’s and Clinton’s politically correct newspeak.

Why do senior politicians across the Western world systematically engage in this and other similar sorts of newspeak? Here, I suggest, Obama and Clinton (and their peers) believe millions of otherwise ordinary American citizens are deplorables. They believe that if they were to discuss the reality of world events with their fellow citizens, and do so without dissembling, then any number of our fellow citizens would organize communal violence, mayhem, and murder—on a mass scale.

That’s what they think of us—of you—and of me. If we are not with them, then we are against them we are the 47% we are the deplorables. They think we have no self-control. They think we are ready to explode on a moment’s verbal provocation. They think we are ready and eager to engage in communal violence. And they believe it is their sacred duty to manage all our incipient violence. Indeed, they think we ought to thank our lucky stars that they will consent: to be our rulers and to guide our fate.

They believe that by engaging in newspeak they are saving lives, and then they are puzzled why Trump won. 

Seth Barrett Tillman, Why Obama and Clinton Described the Sri Lankan Victims as “Easter Worshippers” and not as “Christians”: A Friendly Amendment for Dennis PragerNew Reform Club    (Apr. 28, 2019, 11:32 AM), <https://reformclub.blogspot.com/2019/04/why-obama-and-clinton-described-sri.html>. 

Welcomes Instapundit and ChicagoBoyz readers! 

Saturday, April 27, 2019

A Mere Eighth of an Inch

Dear Hearts and Gentle People, 

So close we have come, and yet -- so far away! We had healed all the ancient wounds. We had arrived at ourselves. But detente is over. We are restored to our trenches. We are faced, as King Louis taking on the infidels, echoing his friend St. Thomas, with the mortal decision: to prevail "on the reasons of the philosophers themselves" as a real philosopher can argue, or else to "thrust a sword through his body as far as it will go." But while our pointedness and tendentiousness are set to the maximum power, whooping and gesticulating, who of us advocates any great principle, any transcendent philosophy, the sacred sound of the universe? No, we hold forth merely each of us our own coarse interests. But who else, prithee, is going to do so? There were those who shrieked and caterwauled in the great cause of liberty. But liberty is mere self-preservation with superior branding. To fight for liberty is to fight for protection of the intelligent few against the teeming mob of idiots. But we had now arrived! With some light redrawing of the ancient arbitrary lines we now have majorities -- great majorities, large majorities, army-sized majorities, enthusiastic and excitable and fightsome majorities -- who are enlightened. What need have the enlightened of liberty, or of philosophy? Who needs St. Thomas when we have Sir Dawkins? The age of liberty is past; the age of intelligent and enlightened and right rule is arrived. Liberty never needed more than a bit of doggerel barked at the low majorities. It cannot reach the trained ear of the elevated. And now we are the majority! 

Nevertheless, let us not take too much flattering unction to our souls. It is not because of any merit of our own, but simply by the providence -- not of God, certainly; the sacred sound of the universe, perhaps, or of Dawkins -- that we are not such boobs and suckers as other men are. How thick, after all, is the partition which separates us from the capitalists, the nationalists, the Trumpistas, the Constitutionalists, the Christians, the gun nuts, the MAGA-hat-wearers, the liberal-tear-drinkers and hot-dog eaters? Not more than an eighth of an inch. A slight shove in early youth and we would have burst through it, and so come out as deplorables and bitter-clingers. Think how narrow the escape! And then give thanks for it in all humility of spirit. 

Furthermore, let us not underestimate these lowly brothers, for they, too, serve their benign uses in the world, and have human needs and feelings. Even a right-winger, for all his stupidity, contains the same dignity as an MS-13 gang member. (The proper authorities on this have been consulted.) He may labor diligently at some necessary, though perhaps ignoble, trade, art or profession—for example, valet to Taco Bell food robots, or dispenser of free syringes in San Francisco, or Uber-driver for Facebook engineers. His wife may love him, and even venerate him. His children may look up to him as to a pillar of wisdom. He may be esteemed in his submerged circle for qualities which do credit to his heart however they may expose and denounce his head. He may go, in the end, not to Heaven, surely, but wherever the likes of Adam Smith are now to shine and oil their celestial robots for all eternity. Such a man is not to be sniffed at. He may be foolish, but he is surely not quite degraded.

I know, in fact, a number of such knuckle-draggers. They approach a capacity for human reason very closely; they are at least anthropoid; mammals without a doubt, they bring forth their young alive, and their ideas in passable English. I hope I am not one to sneer at these worthy creatures. A few seidels of authentic Pilsner would convert the best of them into excellent second-rate men.

I did not start out, however, to defend the deplorables, but to protest gently against a too contemptuous view of the boneheads of the world. Secure behind the ramparts of our superior sagacity, let us look down upon them with kindly feeling and genuine bonhomie. They do their darndest with their meager machinery and a New Atheists could do no more. It is surely nothing against them that their skulls are somewhat tight, and so give little play to the peristaltic action of their pituitary bodies. You and I, for all our amazing acumen, would be in the same boat if some footpad were to sneak up behind us when we were in our cups, and dent our trapeziuses with a blunt weapon. In brief, our infallibility resides chiefly in a purely physical accident, or, at any rate, in a physical immunity, and so we should be no more uppish about it than we are about our bulk or our loveliness. The Lord giveth and the Lord taketh away. Well, not the Lord, surely. Dawkins, I mean. 

What do we want?
Detente!
When do we want it?
After we win the next election!

[Adapted from H.L. Mencken's Jan. 4, 1915 column.]

Thursday, April 25, 2019

North Wales Poll for May 23, 2019 EU Parliament Elections


North Wales Poll for May 23, 2019 EU Parliament Elections:

BREXIT Party (Farage’s new party): 45%
Liberal Democrats: 17%
Change UK: 8%
Plaid Cymru: 7%
Labour: 7%
UKIP (Farage’s former party): 5%
Tory: 1%
Other party: 5%
Not voting: 2%
Undecided: 2%

UKIP + BREXIT Party = 50%.
Labour + Tory = 8%


Seth

Seth Barrett Tillman, North Wales Poll for May 23, 2019 EU Parliament Elections, New Reform Club (Apr. 25, 2019, 12:47 PM), <https://reformclub.blogspot.com/2019/04/north-wales-poll-for-may-23-2019-eu.html>

Wednesday, April 24, 2019

A Response to Checks & Balances' Press Release on the Mueller Report



Checks & Balances issued a press release: New Statement from Checks and Balances on the Mueller Report (Apr. 23 2019), <https://checks-and-balances.org/new-statement-from-checks-and-balances-on-the-mueller-report/>. The Press Release stated: “The Special Counsel’s investigation was conducted lawfully, and under longstanding Attorney General guidelines.” I think a more prudent approach might have been for the Press Release’s signatories to await a review of the process that launched the Special Counsel’s investigation before describing its conduct as “lawful.” My understanding is that such a review is expected in the near future from the Inspector General’s office, and it appears that Attorney General Barr will authorize a review of the Department of Justice’s conduct.

The Press Release also states: “The facts contained in the report reveal that the President engaged in persistent conduct intended to derail, undermine and obstruct ongoing federal investigations.” It is unclear what specific allegations within the report the Press Release is relying on. Whether those allegations are, in reality, facts or not has not been established by anything like an unbiased or independent decision-maker—like an Article III judge—after both parties have had notice and an opportunity to be heard. By contrast, the Special Counsel’s report is merely a prosecutors office’s memorandum which attempts to marshal one side of the evidence, where the object of the investigation has had no opportunity to respond (e.g., to submit physical evidence, to file affidavits, to cross-examine witnesses and other persons interviewed by the Special Counsel, or to present his own witnesses). As far as I know, the Special Counsels report is not even sworn to, as one would swear (or affirm) to any ordinary affidavit or declaration offered into evidence. Yet the Press Release relies on this report in arriving at far-reaching conclusions about the President’s conduct. Checks & Balances’ care free attitude in regard to fair play (a/k/a due process) is somewhat odd for an organization named “Checks & Balances.”

Finally, the Press Release speaks to “the President’s violations of his oath, including but not limited to [1] his denigration of the free press, [2] verbal attacks on members of the judiciary, [3] encouragement of law enforcement officers to violate the law, and [4] incessant lying to the American people.” Examples of [1], [2], and [4] are not specified. Absent some specific examples, I will posit that the Press Release’s signatories (which includes several legal academics) are merely characterizing lawfully protected free speech as constitutional violations by the President. Likewise, no example in regard to [3] is specified—if it refers to the President’s exercise of his pardon power, then the critique amounts to just a mundane political disagreement in regard to who should be the object of the President’s bountya matter entirely committed to the Presidents discretion. All the allegations, mentioned above, from the Press Release amount to [1] constitutionally protected free speech; [2] internal Executive Branch deliberations (and legal advice) about policy during policy formation; and, [3] normal politicsbeing recharacterized as a constitutional wrong, tort, or crime. Indeed, the Press Release concludes by supporting an investigation of the President based upon his having had engaged in First Amendment protected free speech and his exercise of the pardon power (which remains lawful even when exercised to achieve contested or political purposes). If this is not the criminalization of democratic politics, it is too close for comfort. 

But I guess some people long to bring back the Sedition Act of 1798.

Seth

Seth Barrett Tillman, A Response to Checks & Balances Press Release on the Mueller ReportNew Reform Club (Apr. 24, 2019, 8:42 AM), <https://reformclub.blogspot.com/2019/04/a-response-to-checks-balances-press.html>. 

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