Why it's important to protecting the rule of law and democratic institutions that the country go forward with Trump's prosecutions, and why it's important that it not.

Just walking past opposing arguments is dishonest and foolhardy.

When Paul and I met in law school, I was a Goldwater conservative; he was a Marxist. I found out early on, though, that he was uniquely honest. We were having one our typically energetic hallway debates, and I was getting frustrated because he was winning (as usual). So I launched a characteristic conservative complaint — that the press had spent years being biased. Instead of the usual deflection, Paul said right off something like, “Oh, for sure, the press has been screwing conservatives since forever.” Right then, I knew I had found someone I could trust and listen to. For the last 50 years, I have.

Unblushing honesty is in even shorter supply now than it was then. In particular, the Always Trumpers and the Never Trumpers talk past one another, seldom or never engaging and just yelling instead. Rather than join the chorus, I’ve been giving talks at law schools around the country, hosted by Federalist Society chapters, that try to understand what each side thinks and why (hence the title of this post).

The talk lasts about 25 minutes. I would not normally presume on that amount of time from readers, but the topic seems particularly timely and important now that jury selection in Trump’s first (and most far-fetched) trial has begun.

The talk was given at Berkeley Law School late last year (and thus may be very slightly dated). The moderator was my friend, Berkeley Law Professor John Yoo. I start at about 2:42. of the tape, and am followed by commentary from two Berkeley faculty members.

For those who can stand 25 minutes of a law professor and former White House aide’s holding forth, here is is: