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Tanned and well rested, Richard Epstein and Adam White discuss the latest controversies surrounding the former president and the current justice department. And they consider Congress’s own investigation. It’s been a long hot summer.
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Lots to address here. Most shocking was Adam White’s complete misunderstanding of Mr. Epstein’s point about cross examination. Is he a practicing lawyer, or just an armchair think tank bureaucrat lawyer? The question is not about the counsel for the person questioned, it is about the questions that are asked. Mr. Epstein had the perfect counter example, with the Kavanaugh hearing. What if there had been no searching examination of Blasey-Ford? White revealed himself to be an opponent of the vigorous search for the truth. Kinzinger and Cheney showed no interest in vigorous cross examination, quite the opposite. Jordan would have aggressively pursued a lot of aspects that have gone unexamined. White really came off as a supremely self satisfied Washington swamp creature, a side I had not witnessed before.
Listening to him on numerous podcasts, Adam White seemed to be a reasonable legal mind. Did he say the truly idiotic things about the January 6 kangaroo court just to generate a disagreement?
Go back earlier in the first 10 minutes, when Mr. White, a law professor who forgot (or deliberately ignored) a fundamental principle of contract law and the legal definition of urgency, gave his position, contra Epstein’s point about the alleged need now to recover the documents.
Epstein pointed out that the discussions and debates over the documents had been going for 18 months, thus he effectively said by implication what is indisputably true under every competent construction of law: there is no urgency any longer, there is an effective constructive waiver in place with regard to timeliness.
White then made the statement that is utterly law-ignorant, but matches the instincts of unschooled suburban housekeepers and surf bums that the passage of 18 months now connotes urgency solely due to the passage of time.
Now, I don’t really think that White is that dumb or legally ignorant. It simply means that, yet again, his TDS overcomes his professional expertise.
Exactly like every other person who would have anything to do with the hack center-left publication known as “The Bulwark”. And I say this as a “Why won’t Trump go away and leave us alone” who wishes that this narcissistic intellectually lazy juvenile would get temporary amnesia and be confined to an institution for the next two years so that he would be out of our hair for 2024.