Above the Law - Thinking Like a Lawyer A Riot By Any Other Name...
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Nov 5, 2025 The discussion revolves around DOJ lawyers facing suspension for labeling January 6 a riot in a memo, igniting a debate on the role of pardons. There's speculation on whether AI will finally disrupt the traditional billable hour, pushing firms to explore alternative fee structures. The implications of new DOE rulemaking threaten public service loan forgiveness, raising concerns about the future of public interest work. The hosts examine how this may deter recruits and affect smaller organizations dedicated to advocacy.
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Pardoned Rioter's Sentence Was Reduced
- A D.C. defendant who had a Trump pardon was recommended for 27 months because his January 6 role showed recidivism risk. After the White House scrubbed 'riot' language, the judge gave time served instead.
Executive Edits To DOJ Sentencing Memos
- The White House intervened to remove DOJ language calling January 6 a riot, then suspended the lawyers who wrote it. This micromanagement rewrites historical record and pressures prosecutorial independence.
Pardons Clean Punishment Not History
- Pardons traditionally remove punishment but not historical fact, creating tension about whether pardons erase prior acts. This tension grows when pardons are issued preemptively or for political allies.