{"id":109098,"date":"2025-02-24T15:03:49","date_gmt":"2025-02-24T23:03:49","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/02\/24\/on-honor-and-dishonor-in-2025\/"},"modified":"2025-02-24T15:03:49","modified_gmt":"2025-02-24T23:03:49","slug":"on-honor-and-dishonor-in-2025","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/02\/24\/on-honor-and-dishonor-in-2025\/","title":{"rendered":"On Honor And Dishonor In 2025"},"content":{"rendered":"
\"\"
<\/figcaption><\/figure>\n

On a Saturday night in October 1973, President Richard Nixon ordered Attorney General Elliott Richardson to fire Special Prosecutor Archibald Cox.\u00a0Richardson resigned his office rather than comply.<\/p>\n

Nixon then ordered Deputy Attorney General William Ruckelshaus to fire Cox.\u00a0Ruckelshaus resigned his office rather than comply.<\/p>\n

The Princeton University Class of 1979 was assembled as a group only twice \u2014 once during freshman week in 1975 and once four years later at graduation.\u00a0The freshman week assembly touched on several topics of common interest to the class; I remember only one.\u00a0Princeton students operate under an honor code during examinations.\u00a0The professor hands out exams and then leaves the room.\u00a0Students take the exam, without proctors present, and sign a statement at the end: \u201cI pledge my honor that, during this examination, I have neither given nor received assistance.\u201d\u00a0\u00a0<\/p>\n

At the freshman week assembly, the short talk on the honor code was given by former Deputy Attorney General William Ruckelshaus, Princeton Class of 1957.\u00a0Scholars say that there are three ways to persuade listeners:\u00a0Logos, or logical appeal; pathos, or emotional appeal; and ethos, or personal appeal (Ralph Waldo Emerson explained the final category:\u00a0 \u201cWhat you are speaks so loudly I cannot hear what you say\u201d).<\/p>\n

In 1975, Ruckelshaus, who had resigned his office as a matter of principle just two years earlier, walked onstage to talk about the honor code. Got it. I don\u2019t remember what he said.\u00a0And I sure didn\u2019t cheat on my exams during the next four years. What he was spoke so loudly I didn\u2019t care what he said.<\/p>\n

I\u2019m pretty confident that if you asked me to recite the names of all former deputy attorneys general of the United States whose names I remember, my recitation would stop at one:\u00a0Ruckelshaus.<\/p>\n

That\u2019s the emotional impact of a principled resignation.<\/p>\n

Think about the principled resignations that we\u2019ve seen over the past few weeks: Danielle Sassoon, the acting U.S. attorney for the Southern District of New York, resigned rather than dismiss the corruption charges pending against Mayor Eric Adams.\u00a0Hagan Scotten, a line prosecutor in the S.D.N.Y., did the same:\u00a0\u201cI expect you will eventually find someone who is enough of a fool or enough of a coward to file your motion.\u00a0But it was never going to be me<\/a>.\u201d<\/p>\n

Five high-ranking officials in the Department of Justice\u2019s Public Integrity Unit also\u00a0resigned rather than dismiss<\/a>\u00a0the case against Adams.\u00a0Denise Cheung, head of the Criminal Division of the U.S. Attorney\u2019s Office in the District of Columbia,\u00a0resigned rather than open<\/a>\u00a0an investigation into a Biden-era contract without sufficient evidence.\u00a0<\/p>\n

Those people are all sacrificing their jobs over a matter of principle.\u00a0That\u2019s a lot of guts \u2014 and a lot of principles.<\/p>\n

Which got me to thinking:\u00a0Why haven\u2019t we seen anyone in Congress willing even to cast a hard vote, let alone resign, as a matter of principle?<\/p>\n

This is not a liberal versus conservative thing. Sassoon is a long-time member of the conservative Federalist Society, and she clerked for Justice Antonin Scalia.\u00a0She\u2019s no left-leaning commie.\u00a0Scotten said in his resignation email that he agreed with many of the Trump administration\u2019s policies, and he had clerked for Chief Justice John Roberts.\u00a0These are not liberals; they\u2019re principled conservatives.<\/p>\n

Why don\u2019t we see the same thing in Congress?<\/p>\n

Sen. Joni Ernst, a veteran who was a survivor of sexual assault, originally opposed Pete Hegseth\u2019s nomination to be secretary of defense because, among other reasons, Hegseth had opposed having women serve in combat roles and had been accused of sexual assault.\u00a0But in the end, Ernst caved to pressure from the MAGA gang because she feared losing her next election.\u00a0Principles be damned.<\/p>\n

Sen. Thom Tillis was also \u201ca hard no\u201d on Hegseth because of the allegations of misconduct and Hegseth\u2019s lack of qualifications for the job.\u00a0But then the MAGA gang threatened to launch a primary campaign against Tillis and vote against him in any election.\u00a0Tillis could either cast a principled vote or save his job.\u00a0No principled casting of a vote \u2014 let alone resignation \u2014 here.\u00a0Rather, another profile in cowardice.<\/p>\n

Last year, Speaker of the House Mike Johnson pulled off a pretty remarkable feat, causing the House of Representatives to vote in favor of a Ukrainian aid package.\u00a0This year, Trump opposes giving aid to Ukraine.\u00a0Don\u2019t expect Johnson to give any towering display of principle here.\u00a0Just suck it up and do what\u2019s wrong; you have to save your job.<\/p>\n

Former senator and now Secretary of State Marco Rubio used to be a huge supporter of NATO,\u00a0co-sponsoring in 2019<\/a>\u00a0a bill to prevent the U.S. from withdrawing from NATO without Congressional approval.\u00a0Rubio supported Ukraine in its fight against Russia.\u00a0But now, Rubio is meekly turning about-face on his previous positions rather than say a word about what he presumably still believes \u2014 let alone resigning as a matter of principle.<\/p>\n

Why do we see such a difference in action between the noble prosecutors and the ignoble legislators?<\/p>\n

Is this because Donald Trump has conquered the Republican Party and now causes all remaining party members to kowtow to his will? Perhaps people who were willing to resist Trump \u2014 Jeff Flake, Adam Kinzinger, Liz Cheney, Mitt Romney, and the like \u2014 are all gone, and all that\u2019s left are bootlicking sycophants.<\/p>\n

Or maybe there\u2019s a difference between those who run for office and those who don\u2019t? Perhaps, if you never run for office, you\u2019re never forced to sacrifice your principles to achieve your career goals. You thus retain some inner core of what matters to you as a person. On the other hand, if you run for office, you\u2019re forced to abandon your true beliefs so often that, after a few years, there\u2019s nothing left of you: You freely change positions and cast unprincipled votes because that\u2019s necessary to retain your job, which is, after all, what matters most to you.<\/p>\n

Or is it something else?<\/p>\n

Cowardice is running rampant through the MAGA ranks. I wonder what caused the epidemic. Where\u2019s RFK Jr. when we could use a vaccine?<\/p>\n

\n

Mark\u00a0Herrmann\u00a0spent 17 years as a partner at a leading international law firm and later oversaw litigation, compliance and employment matters at a large international company. He is the author of\u00a0<\/em><\/strong>The Curmudgeon\u2019s Guide to Practicing Law<\/em><\/strong><\/a>\u00a0and\u00a0<\/em><\/strong>Drug and Device Product Liability Litigation Strategy<\/em><\/strong><\/a>\u00a0(affiliate links). You can reach him by email at\u00a0<\/em><\/strong>inhouse@abovethelaw.com<\/em><\/strong><\/a>.<\/em><\/strong><\/em><\/strong><\/em><\/strong><\/p>\n

The post On Honor And Dishonor In 2025<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
<\/figcaption><\/figure>\n

On a Saturday night in October 1973, President Richard Nixon ordered Attorney General Elliott Richardson to fire Special Prosecutor Archibald Cox.\u00a0Richardson resigned his office rather than comply.<\/p>\n

Nixon then ordered Deputy Attorney General William Ruckelshaus to fire Cox.\u00a0Ruckelshaus resigned his office rather than comply.<\/p>\n

The Princeton University Class of 1979 was assembled as a group only twice \u2014 once during freshman week in 1975 and once four years later at graduation.\u00a0The freshman week assembly touched on several topics of common interest to the class; I remember only one.\u00a0Princeton students operate under an honor code during examinations.\u00a0The professor hands out exams and then leaves the room.\u00a0Students take the exam, without proctors present, and sign a statement at the end: \u201cI pledge my honor that, during this examination, I have neither given nor received assistance.\u201d\u00a0\u00a0<\/p>\n

At the freshman week assembly, the short talk on the honor code was given by former Deputy Attorney General William Ruckelshaus, Princeton Class of 1957.\u00a0Scholars say that there are three ways to persuade listeners:\u00a0Logos, or logical appeal; pathos, or emotional appeal; and ethos, or personal appeal (Ralph Waldo Emerson explained the final category:\u00a0 \u201cWhat you are speaks so loudly I cannot hear what you say\u201d).<\/p>\n

In 1975, Ruckelshaus, who had resigned his office as a matter of principle just two years earlier, walked onstage to talk about the honor code. Got it. I don\u2019t remember what he said.\u00a0And I sure didn\u2019t cheat on my exams during the next four years. What he was spoke so loudly I didn\u2019t care what he said.<\/p>\n

I\u2019m pretty confident that if you asked me to recite the names of all former deputy attorneys general of the United States whose names I remember, my recitation would stop at one:\u00a0Ruckelshaus.<\/p>\n

That\u2019s the emotional impact of a principled resignation.<\/p>\n

Think about the principled resignations that we\u2019ve seen over the past few weeks: Danielle Sassoon, the acting U.S. attorney for the Southern District of New York, resigned rather than dismiss the corruption charges pending against Mayor Eric Adams.\u00a0Hagan Scotten, a line prosecutor in the S.D.N.Y., did the same:\u00a0\u201cI expect you will eventually find someone who is enough of a fool or enough of a coward to file your motion.\u00a0But it was never going to be me<\/a>.\u201d<\/p>\n

Five high-ranking officials in the Department of Justice\u2019s Public Integrity Unit also\u00a0resigned rather than dismiss<\/a>\u00a0the case against Adams.\u00a0Denise Cheung, head of the Criminal Division of the U.S. Attorney\u2019s Office in the District of Columbia,\u00a0resigned rather than open<\/a>\u00a0an investigation into a Biden-era contract without sufficient evidence.\u00a0<\/p>\n

Those people are all sacrificing their jobs over a matter of principle.\u00a0That\u2019s a lot of guts \u2014 and a lot of principles.<\/p>\n

Which got me to thinking:\u00a0Why haven\u2019t we seen anyone in Congress willing even to cast a hard vote, let alone resign, as a matter of principle?<\/p>\n

This is not a liberal versus conservative thing. Sassoon is a long-time member of the conservative Federalist Society, and she clerked for Justice Antonin Scalia.\u00a0She\u2019s no left-leaning commie.\u00a0Scotten said in his resignation email that he agreed with many of the Trump administration\u2019s policies, and he had clerked for Chief Justice John Roberts.\u00a0These are not liberals; they\u2019re principled conservatives.<\/p>\n

Why don\u2019t we see the same thing in Congress?<\/p>\n

Sen. Joni Ernst, a veteran who was a survivor of sexual assault, originally opposed Pete Hegseth\u2019s nomination to be secretary of defense because, among other reasons, Hegseth had opposed having women serve in combat roles and had been accused of sexual assault.\u00a0But in the end, Ernst caved to pressure from the MAGA gang because she feared losing her next election.\u00a0Principles be damned.<\/p>\n

Sen. Thom Tillis was also \u201ca hard no\u201d on Hegseth because of the allegations of misconduct and Hegseth\u2019s lack of qualifications for the job.\u00a0But then the MAGA gang threatened to launch a primary campaign against Tillis and vote against him in any election.\u00a0Tillis could either cast a principled vote or save his job.\u00a0No principled casting of a vote \u2014 let alone resignation \u2014 here.\u00a0Rather, another profile in cowardice.<\/p>\n

Last year, Speaker of the House Mike Johnson pulled off a pretty remarkable feat, causing the House of Representatives to vote in favor of a Ukrainian aid package.\u00a0This year, Trump opposes giving aid to Ukraine.\u00a0Don\u2019t expect Johnson to give any towering display of principle here.\u00a0Just suck it up and do what\u2019s wrong; you have to save your job.<\/p>\n

Former senator and now Secretary of State Marco Rubio used to be a huge supporter of NATO,\u00a0co-sponsoring in 2019<\/a>\u00a0a bill to prevent the U.S. from withdrawing from NATO without Congressional approval.\u00a0Rubio supported Ukraine in its fight against Russia.\u00a0But now, Rubio is meekly turning about-face on his previous positions rather than say a word about what he presumably still believes \u2014 let alone resigning as a matter of principle.<\/p>\n

Why do we see such a difference in action between the noble prosecutors and the ignoble legislators?<\/p>\n

Is this because Donald Trump has conquered the Republican Party and now causes all remaining party members to kowtow to his will? Perhaps people who were willing to resist Trump \u2014 Jeff Flake, Adam Kinzinger, Liz Cheney, Mitt Romney, and the like \u2014 are all gone, and all that\u2019s left are bootlicking sycophants.<\/p>\n

Or maybe there\u2019s a difference between those who run for office and those who don\u2019t? Perhaps, if you never run for office, you\u2019re never forced to sacrifice your principles to achieve your career goals. You thus retain some inner core of what matters to you as a person. On the other hand, if you run for office, you\u2019re forced to abandon your true beliefs so often that, after a few years, there\u2019s nothing left of you: You freely change positions and cast unprincipled votes because that\u2019s necessary to retain your job, which is, after all, what matters most to you.<\/p>\n

Or is it something else?<\/p>\n

Cowardice is running rampant through the MAGA ranks. I wonder what caused the epidemic. Where\u2019s RFK Jr. when we could use a vaccine?<\/p>\n

\n

Mark\u00a0Herrmann\u00a0spent 17 years as a partner at a leading international law firm and later oversaw litigation, compliance and employment matters at a large international company. He is the author of\u00a0<\/em><\/strong>The Curmudgeon\u2019s Guide to Practicing Law<\/em><\/strong><\/a>\u00a0and\u00a0<\/em><\/strong>Drug and Device Product Liability Litigation Strategy<\/em><\/strong><\/a>\u00a0(affiliate links). You can reach him by email at\u00a0<\/em><\/strong>[email\u00a0protected]<\/em><\/strong><\/a>.<\/em><\/strong><\/em><\/strong><\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

On a Saturday night in October 1973, President Richard Nixon ordered Attorney General Elliott Richardson to fire Special Prosecutor Archibald Cox.\u00a0Richardson resigned his office rather than comply. Nixon then ordered Deputy Attorney General William Ruckelshaus to fire Cox.\u00a0Ruckelshaus resigned his office rather than comply. The Princeton University Class of 1979 was assembled as a group […]<\/p>\n","protected":false},"author":3,"featured_media":109099,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-109098","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/02\/Screen-Shot-2017-11-09-at-2.04.39-PM-wvLLB3.webp?fit=500%2C318&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/109098","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=109098"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/109098\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/109099"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=109098"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=109098"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=109098"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}