Speakers at Presidential Summit Discuss Erosion of Democratic Norms
1.15.2026
The overwhelming consensus at the presidential summit, the premier event of the New York State Bar Association’s Annual Meeting, was that democratic norms are being eroded and the rule of law is under threat.
The topic was constitutional failure, what it means for the legal profession, and what citizens can do.
The featured panelists were:
- Sonia Mittal, former Assistant United States Attorney and January 6 prosecutor, Associate Research Scholar in Law and Co-Director of the Peter Gruber Rule of Law Clinic at Yale Law School.
- Jack Rakove, Pulitzer Prize-winning historian, William Robertson Coe Professor of History and American Studies and professor of political science, emeritus, at Stanford University.
Lawrence O’Donnell, MSNOW television anchor, producer and commentator, moderated the panel.
“We try to highlight that every lawyer in the United States is affected by the rule of law challenges happening today,” said Mittal. “It doesn’t matter what your practice is.”
The panelists pointed to recent actions taken by the Trump administration as signs of constitutional failure, including the prosecution of perceived enemies, shielding of political supporters, violations of the Hatch Act, and U.S. Supreme Court decisions that say that the president is immune from criminal prosecution.
“We have to ask the question, what are the court’s motives?” said Rakove. “There are two different answers. One could be jurisprudential, and one could be political.”
Mittal said another sign of no longer living in a full democracy is when citizens think twice about making certain statements for fear of prosecution.
“I can say for myself that I have spent a lot of time thinking about that,” Mittal said. “About how I should say what I should say on LinkedIn, and what I should be doing. This is myself and I’ve made the choices that I have and I stand by them. However, it’s something I’ve given a great deal of thought to.”
The panelists said that while it can be uncomfortable and unsettling to turn on the news and see cabinet members and public figures being subpoenaed for petty reasons, it was still important to pay attention to the rise of authoritarianism.
“Your response is either to look away and make it a little easier on yourself, or to sit with the discomfort,” said Mittal. “My recommendation is to sit with the discomfort… To understand that what you see in the news is a real part of your practice and a real part of your life.”
She added that it was important to become “comfortable with the discomfort” and then leverage one’s talents to promote and protect the rule of law, be it producing art, donating to non-profit organizations, exercising First Amendment rights, or doing pro bono work.
Mittal said that she was encouraged by the people who have banded together to take collective actions to protect the rule of law.
“What are you seeing already is an increased willingness for individuals to speak their dissent through various channels,” Mittal said. “Whether it be to resign, to speak to their governing boards in law firms, to speak to their administrators in law schools about whether certain law firms should be retaining the students that they are.”
Mittal said that seeing one person stand up and speak out can encourage others to do the same. She also said it was important to learn from lawyers in other countries who have acted together on non-partisan issues related to the rule of law.
