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Thank you for this exchange, @repescobar.
Prof. Ayer makes an important point, one that @YaleLawSch Professor Tom Tyler researches in his work in the rule of law, namely, that it is not enough that the law be applied impartially *in fact*, BUT 1/ https://twitter.com/repescobar/status/1275979525952647168
Prof. Ayer makes an important point, one that @YaleLawSch Professor Tom Tyler researches in his work in the rule of law, namely, that it is not enough that the law be applied impartially *in fact*, BUT 1/ https://twitter.com/repescobar/status/1275979525952647168
2. it must be *perceived* as being impartial by the people in order to be effective. This is why we have legal ethics which require things like recusal even when there is the mere APPEARANCE of a conflict of interest — because preserving public trust is essential 2/
3. This is why we have mechanisms like the Special Counsel regulations. They exist to preserve faith in the independent and impartial administration of justice, even if a conflict might only be perceived, but not exist in fact — maintaining legitimacy is paramount
4. When Barr lies about and seeks to dismantle the results of the Special Counsel’s investigation — led by, P.S. , a REPUBLICAN and FORMER DIRECTOR OF THE FBI — he is dismantling the underpinnings of the rule of law itself. Please read that again because that’s what’s happening
5. It is much harder to repair the damage to the American psyche of the *perceived* erosion of rule of law, than repairing the rule of law itself. Take cheating on a spouse as an example — the unfaithful spouse may change their ways, but the relationship is not repaired until...
6. the betrayed spouse (in this case, you) believes s/he has changed. What Barr is doing now won’t be “corrected” by a Biden win. It will take DECADES. He needs to go NOW, and the sooner he leaves the less time it will take to get over and rebuild the rule of law.
