Watching the Trump campaign’s attacks on the election results, I now see what might have happened if, rather than nip and tuck the Trump agenda, responsible Justice Department attorneys had collectively — ethically, lawfully — refused to participate in President Trump’s systematic attacks on our democracy from the beginning. The attacks would have failed…
Before the 2020 election, I was haunted by what I didn’t do. By all the ways I failed to push back enough. Now, after the 2020 election, I’m haunted by what I did. The trade-off wasn’t worth it.
In giving voice to those trying to destroy the rule of law and dignifying their efforts with our talents and even our basic competence, we enabled that destruction. Were we doing enough good elsewhere to counterbalance the harm we facilitated, the way a public health official might accommodate the president on the margins to push forward on vaccine development? No.
No matter our intentions, we were complicit. We collectively perpetuated an anti-democratic leader by conforming to his assault on reality. We may have been victims of the system, but we were also its instruments. No matter how much any one of us pushed back from within, we did so as members of a professional class of government lawyers who enabled an assault on our democracy — an assault that nearly ended it.