Okay, I wrote the blog post I said I'd write: A more thoughtful explanation of why I refused to answer a few questions this week.

It's here: https://terikanefield.com/beware-the-lawyers/

This blog post could have been called “Why you don’t need a lawyer to answer your questions about legal issues in the news.”

Mostly it’s about former TV pundit Peter Arenella’s piece that I posted earlier.

If you get the error message, this is why:
https://news.itsfoss.com/mastodon-link-problem/

Just wait a minute and try again.

Beware the Lawyers - Teri Kanefield

This blog post could have been called “Why you don’t need a lawyer to answer your questions about legal issues in the news.” Mostly it’s about former TV pundit Peter Arenella’s scathing assessment of legal punditry published in 1998 in the University of Chicago Legal Forum. His piece, written 26 years ago, has renewed relevance […]

Teri Kanefield
@Teri_Kanefield Hi Teri. The link to its-foss doesn't work. There needs to be a space between the link and "just".
@Teri_Kanefield Broken explanation link, your "just" got attached to the link by accident. Here's the correct link: https://news.itsfoss.com/mastodon-link-problem/
Please Don’t Share Our Links on Mastodon: Here’s Why!

We need to talk about this problem. Should Mastodon step up?

It's FOSS News

@Teri_Kanefield
Read it. Understood it.

P.S. I do adore your mind and analysis.

@Teri_Kanefield not directly related to your topic, but I have been sort of following the Manhattan case. and I still feel like they have a looooooong way to go to prove a felony. And if they are planning on wrapping up in a week or so, I don't see how they will make it.

Of course I am not on the jury (and not a lawyer!) so I could be way off base!

@kkeller A few weeks ago I read and analyzed the opening statements (the transcripts are posted on the court website) and I came to the same conclusion. At least in the opening statements, there was no clear statement of a theory of the case.
@Teri_Kanefield Good blog again Teri. Not sure I set out to ask you a loaded question: I respect your opinion and could see within minutes of the Cannon development that it was generating the kind of outrage you warn us about. Figured if I was curious about your take, so were a lot of others who follow you on Mastodon, Threads (& elsewhere?)

@JonChevreau Of course, but do you see the problem?

The moment I wade in, I have to bring the receipts to show why I am going against the accepted narrative, and that is not only time consuming, the task is endless.

@JonChevreau I toned it down and took out the "loaded question" comment.
@Teri_Kanefield Thanks but I was only clarifying the timing and motivation of my question for you; I wasn’t taken aback by your “loaded” description. It seemed at the time that social media were “losing their heads” (as you said in your blog) about Judge Cannon and that your calming counsel could cool it down a tad. We know you’re busy with books and everything else and maybe weren’t online at the exact moment the story was breaking. Thanks again for the well-reasoned blog post.

@JonChevreau

I didn't know the extent of the meltdown, but I suspected something was happening.

@Teri_Kanefield excellent piece, Teri. Thank you for your consistent reasonableness, and generosity - taking the time to educate us, w a good dose of humor. You really are a perfect blend of teacher/professor, lawyer, author & of course historian. Thx!

@Teri_Kanefield I have noticed this effect too, when I post links to my own sites -- and of course, as you say, it will be much worse for accounts with a large following.

Yeah, something needs to be done about that. (I'd ear-burn Gargron, but I assume he ignores those anymore.)

@Teri_Kanefield: I suspect that part of the problem for some folks is coming up with the right questions to get the clarification they seek even if they aren't being sauteed in rage-inducing headlines and simplifications. Dr. Google is a powerful tool, but asking the wrong questions can unintentionally send folks into a deeper quagmire.

One way they can better parse the information they take in is by reading and understanding your latest book - A Firehose of Falsehood. While the book itself is at turns entertaining, informative, and scary, it provides solid advice on recognizing disinformation and protecting one's self from it. Recognizing it for what it is is the first step.

And then of course there's the fun of reading the legal documents themselves as we've learned to do from your "fun with reading legal documents" and "fun with criminal prosecution" courses. Still waiting for the exams on those. 🤓

@Teri_Kanefield what a wonderful piece. Thank you.
I think many people don't want to think about how hard it is to prove a conspiracy, and a lot of what is being tried ... are conspiracies.
In the end, they have to convince a jury, not a bunch of people who have already made up their minds.
As frustrating as that may be (Trump may win .. we don't know), that doesn't mean conspiracies shouldn't be tried. They ARE crimes.
Just like the documents case. It's a serious issue.
Patience.

@Teri_Kanefield This is such a heartbreaking paragraph:

"I did the work because I naively believed that if indictments were filed, there would come a collective moment of reckoning. The legal pundits who had been misleading the public about the investigation would realize they were wrong. The public would realize they were wrong. People would magically become interested in facts instead of scorecard analysis. (I went to law school because I was a naive idealist so that hasn’t changed.)"

@cherold @Teri_Kanefield

"heartbreaking," and yet such a human one.

We are, each of us, in this situation, where the outcomes matter so much to us—and for maybe just this once, the outcome is too-close to existential. Any life involves a good amount of moderating one's "naive" idealism. We keep it as close as we can, even as we work to reconcile it with the larger challenges of reality.

Another possible way of saying this: "Despite everything bad, it's still Fine to Be Here."

(($; -)}™😎

@Teri_Kanefield

The extent to which lawyers and politicians are held in low regard reflects our American sense of "entitlement." We feel entitled to have Right* prevail, to have lawyers only represent the innocent (or us), and to have politicians always deliver on promises as if they were Kings.

I'm a fan of both maligned groups: it takes a certain temperament to pursue either challenging career. Hat's off. To teachers and librarians, too.😎

Regards,
(($; -)}™
Gozo

*Not "the Right"!🤨

@Teri_Kanefield
Thank you for another thoughtful post! But as someone who avoids partisan legal punditry, I still think you overestimate the legibility of the actual legal facts to non-lawyers. For example, you mention googling parallel cases, but most of us don't know of any parallel cases or even what issues would make a case parallel (though I did learn that Oliver North went to trial after 11 months, and Steven Rosen didn't, even after years). So I got there, but I value your explanations!

@Teri_Kanefield But certainly spare yourself the trouble of counteracting the outrage du jour! That's an unwinnable battle.

I'm just one of the few, I guess, who does want the facts and wants to understand the procedure (but doesn't want to imitate you by quitting my teaching job and going to law school, wow!).

Thank you again!

@Teri_Kanefield I appreciate, enjoy, and learn from your posts. Thank you for writing and sharing them.

A question I had while reading the comparison to sports commentators is what criteria/metrics should "pundits" be using to help inform the public (even though it won't result in clicks)? Is it consistency with other cases, is it how the specific harm was addressed and future harm prevented, or some other "metric"?

Maybe other future topic inspirations: What should the public pay attention to where they play an oversight role (e.g. voting on judges)? What are the parts that the public has more direct control over, and thus warrants some worry energy spent, vs all the other parts that the public has less control over and should instead direct their attention to a different part of the process for shaping or understanding how things work.

@Teri_Kanefield My gripe about Cannon is that her justification used to postpone the trial start date ("it's complex") could have been anticipated and applied sooner by her. For instance when setting or maintaining the initial trial date she set.
@Teri_Kanefield As always, I enjoyed and appreciated your post. I've been following much these matters by listening to and reading Lawfare, who seem like a reasonable source. To my inexpert eyes they seem pretty solid. I was wondering if you've seen their work, and if so, if you could share what you think of it.