And it must start at the top. That is what is at stake in the second impeachment trial of President Trump.

In the aftermath of a terrible social injury, the question becomes: how do we heal? How do we move forward?

Societies from Germany to South Africa have had to wrestle with that painful question. In engaging that process, there are three core inquiries that must be addressed fully and honestly.

1) What happened?

2) Who was affected?

3) What must be done to repair the harm and ensure this never happens again?

Truth and accountability provide a foundation that…

In his performance on the issues, his character, and his fidelity to the Constitution, he has failed by your own standards

It’s no secret that liberals can’t stand Donald Trump, and if you ask them why they will give you any number of reasons why: his negative effect on progressive issues, his intolerance, and other larger values. But it has always struck me that there is a remarkably strong conservative case against Trump as well. On issue after issue, Trump has failed on conservatives’ own performance metrics. In his personal values and perception of the Presidency, Donald Trump is no…

Let’s be absolutely clear what is at stake in this election.

Two words: Minority Rule.

The core justification of democracy is the majority rules. The people decide. But we are now reaching a structural crisis of legitimacy for our institutions: Every branch of government is increasingly at the whim of the minority, rather than the majority.

The Executive Branch:

  • A Republican President has won the popular vote once in the last 28 years. Despite this, we have had almost twelve years of Republican Presidents.
  • The Electoral College is creating a growing and dangerous gulf between the will of the majority…

The Darker It Gets the Harder We Fight: The Path Forward after the Death of Justice Ginsburg

Before law school, I had familiarity with Justice Ginsburg as a cultural icon. But the past three years have provided an opportunity to dig into her legal opinions and her jurisprudence. And if anything it makes you appreciate the gravity of her legacy even more. Ginsburg was a tenacious, brilliant, and tactical warrior for equal justice. Her historic legacy is one of expanded opportunity and fairness, especially for American women.

From the beginning, she overcame levels of adversity that are hard to even…

The Context: 3 Overlapping Crises

1) The Public Health Crisis

Any analysis of American politics right now needs to start with where we are — and it’s not pretty. COVID-19 has wreaked absolute havoc on American society. We have 5,285,546 cases of Coronavirus and 167,546 deaths, making our country a complete global outlier. To put those numbers in perspective, we are 5% of the world’s population but 25% of the deaths from COVID-19. In addition, Coronavirus is now the third leading cause of death in the United States. As VOX points out, “while America’s developed peers have suppressed the coronavirus…

We need this administration to succeed in combating the outbreak of Coronavirus. We need the Center for Disease Control (CDC) to succeed in providing the testing kits that are a prerequisite to successful treatment and containment. Governors have made admirable progress on addressing the spread of the virus. But the reality is the federal government has a unique and critical role to play in coordinating a national response and providing the necessary resources. And after eight years of a Republican Congress rooting for Barack Obama to fail, and refusing to put skin in the game during crises that required bi-partisan…

Our democracy is losing its ability to translate popular majorities into public policy. A Biden/Abrams ticket could harness an energized electorate to expand democracy, making major progressive change possible

Part I: Super Tuesday Recap

Before nerding out on democracy reform, a quick recap of Super Tuesday. I don’t want to go in-depth, but there are a few important takeaways.

First of all, there are several valuable highlights from Sanders’ performance. He is the favorite of many younger voters, and has made significant inroads with Latino and Asian Americans. He speaks with consistency and has a clear and understandable thesis of…

The Five Point Case Against Making Him the Challenger to Trump

No sober analysis of the 2020 race can take place without grappling with the stakes. So let’s recap — quickly — the state of post impeachment America.

My prediction was that if Trump was not held accountable through the remedy our constitution intends for abuses of power — impeachment — he would be emboldened to double down on weaponizing the state. The lesson Trump has learned, quite simply, is that he can use millions of dollars in military aid to extort allies into smearing his domestic political opponent without…

I. The Post Impeachment Landscape

Impeachment was designed so that a President who abused his power to rig an election could be removed….because, definitionally, you could not rely on the election being a fair contest. The impeachment inquiry revealed in staggering detail that Trump did exactly that, using frozen military aid to extort an ally at war to investigate the domestic political opponent he fears most: Joe Biden. And one witness who offered to testify if subpoenaed, former National Security Advisor John Bolton, was willing to confirm that Trump personally directed the entire scheme. The Republican Senate did not want…

Can the President use the powers of his office to target a political opponent for personal gain?

I. Introduction

“If he [the President] be not impeachable whilst in office, he will spare no efforts or means whatever to get himself re-elected.”

-William Davie, Delegate to the Constitutional Convention

As I described in part II, the framers of the Constitution included an impeachment provision for the removal of the President by Congress for several reasons. First, they had deep concerns about foreign influence in American politics reaching the President. Alexander Hamilton, for example, warned “an ambitious man might make his own aggrandizement, by…

Max Thoughts

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