I talked to Virginia Heffernan on her podcast TrumpCast yesterday, posted today: “Worst AG, Barr None.”
Those who think Barr is an evil genius are half right. He’s not only the worst Attorney General in American history. He’s not even a good lawyer or a competent fixer. He just pretends to be one on TV. Virginia talked about his series of legal and historical errors, from the likelihood his efforts to help Flynn will backfire… to his SDNY firing fiasco… to his ahistoric myth of the Unitary Executive.
The papers I refer to are posted here:
The Indecisions of 1789: Strategic Ambiguity and the Imaginary Unitary Executive (Part I)
The Decisions of 1789 Were Non-Unitary: Removal by Judiciary and the Imaginary Unitary Executive (Part II)
We ran out of time, but I noted the inconsistency of the DACA dissenters on Slate’s TrumpCast (linked below). Thomas, joined by Alito and Gorsuch have subscribed to the unitary theory in cases like Free Enterprise, and appear poised to embrace the theory again in Seila Law/Trump subpoenas, but did not defer to President Obama’s discretion to create DACA. For what it’s worth, I think Thomas’s opinion is generally right on DACA and administrative law, but the conservative Justices’ inconsistent interpretation of presidential power depending on which party holds the White House is rather remarkable.