Rants, mumbling, repressed memories, recipes, and haiku from a professor at the University of St. Thomas Law School.
Tuesday, March 31, 2026
That's what I said!
I talk to the press fairly often, usually about criminal law and clemency (which are pretty depressing things to talk about lately). It is sometimes disheartening to see how things turn out in print or on the news-- a lot of times, it seems like they didn't exactly pick the best thing I remember saying!
But in this piece in the New York Times last week, Matthew Purdy and Luke Broadwater really did get the best part (I actually was interviewed by a third writer, Kenneth Vogel), which I really appreciate. The article focused on the way in which the Trump administration has taken a hard line on prosecuting fraud in Minnesota, but at the same time has granted clemency to major fraudsters from places like Florida. Here is how it ended:
Mark Osler, a professor at the University of St. Thomas School of Law in Minneapolis who studies clemency, said while “the fraud is real” in Minnesota, he questioned the prosecutorial zeal in rooting it out, given recent events.
In January, the federal prosecutor overseeing the sprawling fraud investigation in Minneapolis resigned along with other prosecutors after Justice Department officials displayed reluctance to investigate the killing of Renee Good by an immigration agent, but pressed for an inquiry into her widow.
Overall, he said, there is “certainly a deep contradiction” in the administration’s approach to fighting fraud.
“The message they want to send about fraud is that blue states have been suckers about fraud and the other message is that the government has been too tough on people who commit fraud in other contexts,” Mr. Osler said.
He said that historically, “presidents favor for clemency people they feel sympathy for.” Given Mr. Trump’s personal experience with civil fraud allegations, “it shouldn’t surprise us that he has the most empathy for the people who have faced the charges he faced.”
Two oddly congruent developments are happening in 2026: the “No Kings” rallies, and celebrations of the 250th anniversary of the Declaration of Independence. What is remarkable is how the two are in harmony: The complaints so eloquently made by the Founding Fathers in the Declaration closely track the fears expressed by those involved in the “No Kings” movement.
The Declaration of Independence was commissioned and drafted in the spring and summer of 1776 by a “Committee of Five” appointed by the Continental Congress. Thomas Jefferson was the initial drafter, and other members of that committee included Benjamin Franklin, John Adams, Roger Sherman of Connecticut and Robert Livingston of New York. The short document they produced was rooted in the grievances of the colonists and reflected their deep values. They did not craft them casually; they knew that what they were saying constituted treason punishable by death. Considered in the current context, the words they wrote carry resonance. Consider the following complaints voiced by our Founders against the King:
“For cutting off our Trade with all parts of the world”
Like King George III, the Trump administration has choked trade with the rest of the world. Trump’s primary tool has been a confounding and often-changing regime of tariffs that have left entire sectors of our economy in tumult. He has hit some limits after an adverse Supreme Court ruling, of course, but seems determined to continue to use this tool to benefit his own purposes and punish those countries that displease him. The power to regulate commerce with foreign nations is expressly given to Congress in the Constitution, but that power — like the power to declare war — currently lies unclaimed.
“He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither….”
The spare words of the Declaration of Independence make one thing very clear: We are meant to be a nation of immigrants. The Trump administration’s attacks on immigration and immigrants has threatened even those already naturalized as citizens, and their efforts to restrict new migration and remove people already here is already changing communities for the worse. While premised on anecdotes about crime, it ignores the data that shows criminality among immigrants to be lower than that among people born in the United States.
"He has refused his Assent to Laws, the most wholesome and necessary for the public good."
For Americans who value the rule of law, these are hard times. It is clear that the administration considers criminal laws to be “for thee, not for me,” as they shield evidence in criminal cases against ICE agents, intimidate the judiciary and disregard court orders in record numbers. The resistance to accountability breeds contempt for the government, and predictably claims of corruption (warranted or not) are becoming legion.
“He has excited domestic insurrections amongst us...”
The events of Jan. 6, 2021— the sight of insurrectionists scrambling through the broken windows of the Capitol as a scaffold and noose were erected outside — will live long in our history, and in a dark place. “Excited” is a good verb to apply to Trump’s role, too, as his words that day before the assault on the Capitol urged a burgeoning crowd to action in a speech that was filled with violent imagery and in which he literally urged people to march to the Capitol. While Trump defenders argue that his directive to “fight like hell, and if you don’t fight like hell, you’re not going to have a country anymore” was not an explicit call to violence, it certainly did “excite” the Proud Boys, the Oath Keepers, and many others in attendance.
“He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance.”
Here in Minnesota, this complaint has special resonance, where a suddenly super-sized and over-funded force of ICE agents made the winter miserable. “Sent hither swarms of officers to harass our people” is about the best description I have seen of Operation Metro Surge. Famously, though, that goal was not achieved, and the people of Minneapolis won out in the end.
People certainly have the right to criticize the “No Kings” protesters, and to defend the president and his policies. But there is no denying the spirit of those protestors — or their long and shimmering web of connection to those who crafted the words within the Declaration of Independence that we still find inspiring.
It's officially spring! Not that you would know it here, necessarily, but we know it is coming. Spring brings new hopes, new beginnings, warmth we have been longing for. So let's haiku about that this week! Here, I will go first:
That verdant garden
A place to read, eat, to breathe
Winter's ice retreats.
Now it is your turn! Just use the 5/7/5 syllable formula and have some fun....
A remarkable thing is going to happen on Saturday: Millions of Americans are going to gather all across the country for No Kings rallies. Here in Minneapolis, we are going to gather at the state Capitol, joined by Bruce Springsteen, Joan Baez, and thousands of our neighbors.
There is a way in which this is a tradition going on 250 years now here in the USA. Consider these admonitions and complaints about the government from the Declaration of Independence, referring to the then-King, and remember our current grievances:
--" He has endeavoured to prevent the population of these States; for that
purpose obstructing the Laws for Naturalization of Foreigners; refusing
to pass others to encourage their migrations hither, and raising the
conditions of new Appropriations of Lands."
-- "He has refused his Assent to Laws, the most wholesome and necessary for the public good."
-- He has refused to pass other Laws for the accommodation of large
districts of people, unless those people would relinquish the right of
Representation in the Legislature, a right inestimable to them and
formidable to tyrants only.
-- He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
-- He has erected a multitude of New Offices, and sent hither swarms of
Officers to harrass our people, and eat out their substance.
-- He has affected to render the Military independent of and superior to the Civil power.
-- For protecting them, by a mock Trial, from punishment for any Murders
which they should commit on the Inhabitants of these States:
-- For cutting off our Trade with all parts of the world:
-- For transporting us beyond Seas to be tried for pretended offenses:
-- He has abdicated Government here, by declaring us out of his Protection and waging War against us.
-- He has excited domestic insurrections amongst us...
In a low for the year, there were only two haiku this week-- so I guess I was wrong about the universal appeal of a good nap! The two I got were great, though. There was this one from the Medievalist, which really captured the reality:
Eyelids are heavy, Things are going dark quickly, Head droops and I snore.
And this from anonymous:
When I reached eighty An afternoon nap feels nice I wake up refreshed.
Jesus clearly teaches us not to judge others. "Judge not, lest you be judged," is pretty straightforward.
In my adult life, though, I've had two jobs over the past thirty years: Prosecutor and professor. Both of those jobs have as an essential part of their functions the judgment of others. As a prosecutor, I was tasked with choosing who to accuse of a crime, and proving that they did it. Pretty judgy! And as a professor, a big part of my job is assessing the performance of my students and judging them.
I've always been aware of the tension between my faith and these roles. As a prosecutor, I often had the vision in front of me of Jesus saving the adultress in John 8; in that vision, I was a person holding a rock.
I do try to perform these roles with fairness and humanity, but that does not absolve me. I don't have a clear answer for why this is ok, and I have never been totally comfortable with it.
"Someone is going to have to do these tasks," I tell myself sometimes, "so it better be someone who can imbue it all with kindness, like me." Which is too generous to myself.
There probably are few jobs that don't carry similar contradictions-- but this one is mine, and sometimes it feels quite heavy.
I never stopped being a toddler in one important way: I have always enjoyed a good nap. So let's haiku about that this week! It can be about you, your dog, that relative who falls asleep in front of the TV, whatever. Here, I will go first:
The best napping couch
Gets some direct Sunday sun
Blessed day of rest.
Now it is your turn! Just use the 5/7/5 syllable pattern and have some fun!
For a century, people have been predicting that war would soon be fought by flying killer robots. It seems-- with the advent of AI guidance and the proliferation of combat drones-- that we are nearly there.
Once soldiers are effectively removed from the risk of combat, I fear that civilians will suffer much more; we are seeing that already. In the current conflict (well, war) with Iran, military deaths are low and civilian deaths are high as the war has been fought by flying unmanned killing machines targeting (on both sides) civilian or civilian-adjacent buildings and objects.
We are now into a phase of the Iran War where increasingly oil facilities are going to be targeted by both sides, threatening an ecological disaster and well as an economic one. Things are likely to get worse before they get better.
The NCAA basketball tournaments are coming just as we are most in need of some distraction!
One of the oddities of these tournaments, at least on the men's side, is the unusual number of times that an underdog 12 seed beats a 5 seed in the first round. In 33 of the last 39 men's tournaments, at least one 12 seed has beaten a 5 seed.
They are the kind of underdogs that give us hope!
Here are the 5 v. 12 matchups coming up this week in the men's tournament:
5 Texas Tech vs. 12 Akron
5 Wisconsin vs. 12 High Point
5 Vanderbilt vs. 12 McNeese State
5 St. Johns vs. 12 Univ. of Northern Iowa
I'm hoping Akron can take down Texas Tech, but we will all watch and see....
Yes, this is from the Onion, but the underlying premise is something that fascinates me: That Donald Trump does not seem to have people his own age (or within 40 years of his age) that he seems genuinely close to. It appears that his wife is mostly somewhere else, his kids are off on their own, Elon Musk took off, and he doesn't appear to have a close buddy around. Susie Wiles certainly has a lot of contact with him, of course, but it is rare to see them together.
In his first term, he had Steve Bannon close and Melania seemed more engaged-- and he also had his daughter and son-in-law right there, and it is no secret that Ivanka is a favorite of his. At the start of this term, Elon Musk seemed to be close to him. But now?
Maybe I'm very wrong (I don't have a great point of observation), but his life seems lonely. And that might not be good for him, or for any of us.
There were some thoughts out there on this week's topic. IPLawGuy offered a poem, but it's rooted in exaggeration (he isn't so slow and I'm not so patient!):
Mark shows great patience My ski skills pale; I am slow Add comic relief.
And I liked this anonymous entry, which seemed to be commentary on our ski trip:
They conquer the snow Retreat to Shenanigans Then conquer some beers.
And this one:
I wait for the bloom Of a righteous Spring in Land Will it not come NOW?!
And I'm not sure who this is, but it sounds like a great Spring Break!:
Sitting on canal In Amsterdam, sun on face, Drink red beer—My friend.
My normal church service today was canceled due to an epic blizzard here in Minnesota. And for a blizzard to be epic in Minnesota, it has to really be something!
Other than a wind coming up now and then, there really isn't much weather discussed in the Gospels. (It does come up in other parts of the Bible, such as in Acts). The lack of a reported impact of weather on events is odd, because people in that time were profoundly affected by weather-- there was no heating or air conditioning, and most people worked in agriculture. So one would expect a heat wave or rainstorm to come up now and then and alter events.
Of course, it could be that as important as those things are to people, they may not have been important to the story being told in the Gospels.
I've never been to the Holy Land; it is something I should do (though maybe not right now). I would imagine it is hot and dry, so maybe variations in the weather just aren't as significant.
Still, I have always somehow inserted weather into the Gospel stories on my own. When the 70 are sent out to evangelize, I have always imagined them trudging through the rain, for example. Why do I do that? Perhaps, I suppose, it is a way of making it relatable to my own experience... and it doesn't take away from the story, after all.
Last night I went to see Patti Smith here at St. Catherine's in St. Paul-- one of a number of performers who have chosen to come here after the ICE invasion this winter. She was fascinating, as usual, and gave us a version of this song, which she wrote with her late husband Fred "Sonic" Smith back when they lived in suburban Detroit. In fact, if you go to about 3:10 of the video she visit the American Coney Island downtown and then shows off some of the Diego Rivera murals at the DIA-- treasures, all.
IPLawGuy and I had a great time skiing in Colorado- our 20th year of enjoying Spring Break on the snow. (As an IP Lawyer, he doesn't officially get Spring Break, but he makes it work, which I appreciate). So let's haiku about Spring Break past or present, real or imagined, official or just kinda seized. Here, I will go first:
Ah, the snow and sun!
Some moments to float and fly
Then look at the map.
Now it is your turn! Just use the 5/7/5 syllable pattern, and have some fun.
IPLawGuy and I have been off in Colorado for our annual ski trip, which was a great adventure (and no one got hurt!). We had blue skies and just enough snow to make it worthwhile.
But, unless I hunted down a news site, there was no way to know we are a nation at war, relentlessly bombing military and civilian targets and killing hundreds of people while the world economy is destabilized by a new oil crisis. No one (except us) seemed to be talking about it, and if you saw a television it was always playing sports.
Of course, there is a reality beneath all of this avoidance: the war doesn't affect most of us at all, except through higher gas prices. Most people don't have a kid in the military, or family in that region where the war (prinicipally in Iran and Lebanon) is destroying homes and schools, or any direct financial or emotional stake in the conflict.
And that seems to be a recipe for tragedy, that one nation can so casually wreak havoc in a whole region with little cost to itself (at least in this moment). It makes war seem easy, which must be alluring to those who have the ability to start them.
Bill Kurtis, the announcer and scorekeeper for "Wait, Wait, Don't Tell Me!" is retiring, according to a report in the NY Times. He is 85, and succeeded Carl Kassell 12 years ago. His last show will be on May 23. Everyone loves Kurtis's voice, whether on the radio or in many other roles he has held, including as a CBS news anchor and as the narrator for the epic film "Anchorman."
When the news is terrible, it's good to laugh at it, and that is what Kurtis gave us over several administrations. And we need it now more than ever!
A Republican member of Congress, Rep. Andy Ogle, posted on social media that "Muslims don't belong in American society."
Sigh. I don't even know what to say anymore.
This nation was founded on the premise of freedom of religion, as enshrined in the First Amendment. That really matters-- and it means that Muslims do belong in American society, end of story.
How do people like this get elected? I mean that as a sincere question, because I am stumped, and too many of the answers that one might consider just paint too dark a picture of the state of our nation.
Sunday Reflection: Not on the mountain, or in Jerusalem...
In John 4, Jesus has the longest conversation in the Gospels: his discussion with the Samaritan woman at the well. There is a lot going on there, but I want to talk about this part of the discussion:
The woman said to him, “Sir, I see that you are a prophet. 20Our ancestors worshiped on this mountain, but you say that the place where people must worship is in Jerusalem.” 21Jesus said to her, “Woman, believe me, the hour is coming when you will worship the Father neither on this mountain nor in Jerusalem.
This exchange sometimes gets forgotten in larger discussions of this passage, but it has always meant a lot to me. When I was young, people told me that we encounter God in church, but that never seemed right to me. Rather, it seemed that what happened in church was that we encountered each other while seeking God, which is profoundly different. My Holy Spirit moments, those glimpses of the divine, are (at least for me) rarely during a church service.
I believe that we are meant to worship communally, and I have always been a church-goer. But I have never given the speakers at church--Priests and Ministers-- a status of anything beyond fellow traveler. Certainly, there is a lot to learn from fellow travelers! But... God is in church and out of church and in the most unlikely places.
What Jesus said marked a breaking point from traditional Judaism, too, where many of the Mosaic laws involved actions at the Temple, and for whom there was the very real belief of God's actual and constant presence there. How transgressive, then, was what Jesus said!
And transgressive Jesus, who opens up the world to us, is the at the heart of my faith.
For many of us, at some point in our lives there was a magazine we waited for with eager anticipation-- then read from cover to cover once it had arrived. Let's haiku about those this week! Here, I will go first:
Brilliant, smart and bold
Oh how I miss the writing:
The Wittenberg Door.
Now it is your turn! Just use the 5/7/5 syllable pattern and have some fun....
After days of bombing raids and some scattershot responses by Iran, it appears that the war in the Middle East is going to go on for a while. So... how does it end? Here are some possibilities:
-- It could just peter out. After a while, the US and Israel could declare that they achieved their objectives (an easy thing to do since they haven't done a very good job of describing those objectives) and stop bombing Iran. That would leave some version of the current regime in place, most likely.
-- It could also be that Iran gets carved up. Already, it appears that Kurdish forces armed by the CIA will try to claim land in the Northwest of the country. Other minority groups or regions may claim territory as well. In this scenario, the current regime would remain, but with a smaller footprint.
-- There could be a military effort that actually does cause regime change. This would most likely involve ground troops, and could be a protracted war, even after a new government is installed by the invaders. This brings real dangers of destabilization.
-- Perhaps most scary is that something bad and unexpected happens at a big scale: Say, Russia gets involved on the side of Iran, or Iran uses some of its nuclear material to make and use a "dirty bomb."
Of course, if there is one thing history has proven, it is that we are terrible at predicting what will happen in that part of the world....
I love voting. It feels like a spiritual experience, to stand in line with my neighbors to pick our leaders. That is the moment that I feel most American.
People in our country make great sacrifices to vote: they stand out in the rain, they tough it out when the lines are long, they sort through pages of choices. And, of course, it matters.
The primaries yesterday were fascinating-- more on that tomorrow-- but for today let's just appreciate the great privilege we have when we go to the polls. In the end, once again, it is how we will save ourselves.
From 1978 to 1992, the Soviet Union waged war in Afghanistan, trying to create a stable and friendly nation on its border. They failed, and what emerged was the Taliban.
In 2003, the US invaded Iraq. We were there until 2011. What emerged was ISIS, which controlled much of the nation by 2015.
I haven't heard about a plan for who will govern Iraq if the current government is removed, and the dangers are real-- we may create a lingering instability that leads to forces even more dangerous to our interests.
I'm not saying that will happen-- but I do worry that we have not heard about a plan for something better.
So many good poems this week on the topic of rare pleasures-- those treats we allow ourselves only once in a while! My mom had a great one (and I am not the son referred to):
Son made sourdough bread. Siren song of delicious crustiness calls me.
And Sleepy Walleye came to visit:
Bacon, egg and cheese On a buttery croissant Cholesterol treat.
Craig A has a Boston-style vision:
A cup of Dunkin’ Coffee with a warm Blueberry Muffin - gotta love!
And Desiree is thinking road trip:
Marshmallow outside, pink, chocolate joy. Snowballs! For road trips only.
Christine got the memo:
Wow, only a third That box is calling my name Nom, nom... Krispy Kreme.
And Anonymous chimed in:
From Antarctic Ice Her sweet song summons,”Devour!” Chocolate coma.
And then Christine again (and just as good):
A rare indulgence coffeecake catches my eye Ate the entire cake
Raspberry filling and gooey icing drizzled Atop, heavenly.
The terminology of being "born again" is found in John 3:
3Jesus answered him, “Very truly, I tell you, no one can see the kingdom of God without being born from above.” 4Nicodemus said to him, “How can anyone be born after having grown old? Can one enter a second time into the mother’s womb and be born?” 5Jesus answered, “Very truly, I tell you, no one can enter the kingdom of God without being born of water and Spirit. 6What is born of the flesh is flesh, and what is born of the Spirit is spirit. 7Do not be astonished that I said to you, ‘You must be born from above.’ 8The wind blows where it chooses, and you hear the sound of it, but you do not know where it comes from or where it goes. So it is with everyone who is born of the Spirit.” 9
It's intriguing to me how Jesus describes this experience: That it being inhabited by the Holy Spirit. And also what it allows: to see the kingdom of God.
In other words, we can choose to feel the wind of the Holy Spirit, to acknowledge that we are humble before God, and that lets us truly see the world. To put it another way, we don't see fully what is around us until we stop pretending that we know and understand everything. Age has let me see the wisdom of this; I've learned that if I want to understand something, I have to begin with mystery, not certainty.