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" "It is no wonder that America is at war over her democracy. Every day for years now we have borne witness to vicious partisan attacks on the bulwarks of that democracy — our institutions of government and governance and the institutions and instrumentalities of our democracy — by our own political leaders and fellow citizens. Every day for years now we have witnessed vicious partisan attacks on our Institutions of Law themselves, our Nation's Judiciary, and our Constitution and the Laws of the United States — the guardians of that democracy and of our freedom. For years, we have been told by the very people we trust, and entrust, to preserve and to protect our American institutions of democracy and law that these institutions are no longer to be trusted, no longer to be believed in, no longer deserving of cherish and protection. If that is true, then it is because those with whom we entrusted these institutions have themselves betrayed our sacred trust. And, indeed, it does seem at the moment that we no longer agree on our democracy. Nor do we any longer seem to agree on the ideals, values, and principles upon which America was founded and that were so faithfully nurtured and protected by the generations and generations of Americans that came before us. Yet we agree on no other foundational ideals, values, and principles, either. All of a sudden it seems that we are in violent disagreement over what has made America great in the past and over what will make her great in the future. In poetic tragedy, political campaign slogan has become divisive political truth. And there is no reason to believe that agreement about America by we Americans is anywhere on the horizon, if for no other reason than that none of us is interested in agreement. In the moral catatonic stupor America finds itself in today, it is only disagreement that we seek, and the more virulent that disagreement, the better. This is not who we Americans are or who we want to be. Nor is this America or what we want America to be.
John Michael Luttig (born 13 June 1954) is an American corporate lawyer and a former United States Circuit Judge of the United States Court of Appeals for the Fourth Circuit.
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Very few ever have the honor of counseling the President of the United States of America. That highest of honors carries with it the highest of obligations. Counsel provided to the President of the United States must be the product of not only exquisite, penetrating legal analysis but also profound, insightful legal judgment. These two combined are so far from mere technical legal competence as almost to be its polar opposite. The President and the country deserve nothing less from those who counsel the President, so consequential are the stakes for the Nation when the President acts upon the advice of his or her Counsel. Whatever else, the President of the United States did not receive such counsel during his sustained effort to overturn the 2020 presidential election. It is as much the former president's fault as anyone's that he did not.
If one of our national political parties — one of the two political guardians of our democracy — cannot agree even as to whether the violent riot and occupation of the United States Capitol, inspired by the President of the United States and carried out by his followers to prevent Congress from counting the votes for the presidency of those same United States, was reprehensible insurrection or needed, legitimate political discourse, we all can agree on nothing. Nor should we.
America is at a perilous crossroads. Who is it that we have become and what is it that America has become? Is this who we want to be and what we want America to be? And if not, just who is it that we Americans want to be? And just what is it that we want our America to be? Many will again turn their eyes away, miscalculating that this is the last time they must see, and thus remember. The partisan mercenaries, who have no interest in either understanding or peace, will be the first who turn away and, in their determined ignorance, ignore. The mercenaries know better than we that what we forcibly put out of our minds or what we forget, we are destined to repeat.