Senator Josh Hawley’s Outrage

Lessig

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Unless you are familiar with this corner of the law, it’s not obvious just how outrageous Senator Josh Hawley’s stunt in Congress was. Until Hawley announced he was going to object, the Majority Leader had kept a tight lid on the process. Once Hawley opened the door, 12 others followed in the Senate. No doubt, orchestrating that challenge was not the cause of the riot. But that challenge gave comfort to those who rioted, as did the clenched fist Hawley flashed to the (soon to be) rioters as he entered the Senate. As former-Senator John Danforth put it (a man who once viewed Hawley as a “once-in-a-generation” talent, but who now believes his support of Hawley was “the worst mistake I ever made in my life”):

“But for him it wouldn’t have happened. [He made the certification vote] a way to express the view that the election was stolen. He was responsible.”

Hawley’s judgment and behavior should be disqualifying. Given his background (Yale-educated lawyer, former law professor), there is no excuse — except personal ambition—for the gross abuse of process that his objection was. Yet ambition does not forgive. It merely explains. Nothing could forgive the wrong he did.

To see just why, I offer, with commentary, his speech on the floor of the Senate…

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