As it happened, I caught Neal Katyal on MSNBC the other night where he tried out his “three audiences” theme to the most obedient audience possible. It didn’t work then, and it doesn’t work in his effort to manufacture an excuse for Attorney General Merrick Garland’s failure to do what he, channeling Larry Tribe, contends is unquestionable. Why has the Department of Justice not prosecuted Donald Trump?
Critics of the hearings who say they are too detailed and dry miss the multiple intended audiences. When I argue before the United States Supreme Court, there are several audiences. One is the nine justices. Another audience is the public — both in the courtroom and listeners online. And there’s a third audience: history.
