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Ethics

University of Tennessee College of Law

2022

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Trump, Lawyer Regulation, And The Institutional Double Bind, Benjamin H. Barton Jan 2022

Trump, Lawyer Regulation, And The Institutional Double Bind, Benjamin H. Barton

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Scandals, news stories, and court setbacks that would have devastated other, more traditional Presidents have seemingly only made Donald Trump’s bond with his supporters stronger. This creates a challenge when institutions try to punish anyone in Trump’s orbit. Taking action against Trump only encourages his supporters, while inaction may lessen the left’s faith in institutions and leave opponents of President Trump wondering why nothing is being done to curtail what they see as flagrant criminal contempt. This is a problem the author calls the “institutional double bind.” This Essay discusses whether there is any solution for these institutions stuck in …