Cass Sunstein, founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School joins David to talk about how the structure of modern government is under legal assault, the eight ways Rule of Law fails and what can be done to transform the Department of Justice into a more independent agency.
Sunstein, who also served as the Administrator of the White House Office of Information and Regulatory Affairs from 2009-2012, also discuss the attacks being laid against many federal agencies, like the EPA, Department of Labor and the Department of Transportation.
They also discuss the eight ways the ‘Rule of Law’ fails and how for the most part much of the court have been deciding on over the past few years have been very pro-rule of law. He also lays out some clear examples of where President Trump has violated the rule of law.
Finally, they close by talking about potential theories on how to make the Department of Justice more independent; from direct voting for an Attorney General to setting it up the same as the Federal Reserve Board.
Miranda Warnings is hosted by NYSBA’s 118th President David Miranda.