John Pfaff

@johnpfaff.bsky.social

Professor at Fordham Law. Prisons and criminal justice quant. I'm not contrarian, the data are. Author of Locked In. New stuff at johnfpfaff.com.

A good trick for keep an Aperol spritz (or anything similar) cold but undiluted in the summer? Make ice cubes out of prosecco as well. (Especially when you have a bottle you don't want to finish--freeze what's left, and the ice cubes are on hand indefinitely.)

Again, a bracing reminder that "tough on crime" conservatives are never actually concerned about being tough on CRIME. They want to be tough on PEOPLE who they want to CONTROL: non-white people, say, or in this case women. It has always been about social control, not public safety.

Aaron Rupar@atrupar.com · 2d ago

NN: The abuse allegations against Rep. Max Miller -- Moreno says he should resign, but President Trump disagrees. Do you think Miller should step down? REP. JIMMY PATRONIS: No. I agree with the president. This is a family fight. Unfortunately, divorces are messy. There are two sides to every story.

We need to create a buddy system. Every DC pol, every staffer, every pollster, and every Terminally On-Line Political Poaster (professional and amateur alike) needs to get paired w a Political Normie who does not live in DC, NYC, or LA. The political equivalent of touching grass.

Alan Elrod@aselrod.bsky.social · 2d ago

I just don’t think Liz Cheney doing a couple campaign events cost Harris the election. People who are too on here already knew if they were or weren’t going to vote for her. Normies who aren’t either too online or political junkies did not decide based on this. This is vibes and cope.

This is a "deal" that has zero binding weight, though, right? And unlike, say, the Cosby deal fiasco, Trump isn't giving anything up in exchange for this, or exposing himself to risk. So a Dem POTUS can just say "ha ha ha ha ha no. Audit him into oblivion."

Kyle Griffin@kylegriffin1.bsky.social · 2d ago

FLAG: Trump gets to keep tax immunity for himself, his sons, and the Trump Organization under the new 'deal' struck by Todd Blanche. The new order also reaffirms that Trump won't have to pay any taxes he might have owed the IRS.

This must be wild disinformation, bc my sense from too many posts on here is that the Dems have a two-chamber supermajority trifecta. (Don’t get me wrong, I think it‘s time for an angrier, more aggressive younger gen to lead the Dems. But also, ppl need to stop Green Lanterning the minority party.)

GOLIKEHELLMACHINE@golikehellmachine.com · 3d ago

i am begging you — including some of you who follow me that i'm seeing in the OP QTs — to actually read what senate democrats are getting out of this and to stop and think for, like, at least 90 seconds, about what *else* you think a minority party *in both chambers* can squeeze out of the majority

Please PLEASE tell me someone is going to use this as a shock to test the need for the bar as a screening mech. I know Covid is generally a bad discontinuity, bc everything changed at once, but it could work to see long-term outcomes for lawyers starting in 2019 vs 2020 (vs even 2021).

They should not have to live like this. And Washington has recognized for years that it doesn’t need to make them do so. In July 2020, for instance, when the COVID-19 pandemic made it too dangerous to administer the bar exam, the state supreme court issued a one-time grant of “diploma privilege.” This allowed graduates of accredited law schools who were applying for bar admission at that time to become licensed attorneys without taking the exam.
Barred and Boujee aka Madiba Dennie@audrelawdamercy.blacksky.app · 6d ago

I wrote about the hotass mess that hundreds of recent law grads in Washington are going through for no good reason! ballsandstrikes.org/legal-cultur...

Sadly, I think this is a win-win in the eyes of the Trump admin and MAGA. “We must ask whether the Trump administration is so determined to win a culture war against American higher education that it is willing to risk the decline of American influence.”

Jeremy Stahl@jeremystahl.bsky.social · 6d ago

The Trump administration sued Yale for its admissions policies (alleging too much diversity). Yale is negotiating with DOJ, whereas Harvard fought Trump. The former dean of Yale Law School thinks he knows the real reason why. slate.com/news-and-pol...

Also, just guessing here, but bet in many of these cases the ppl who need aid are in GOP parts of blue states. So he’s killing his OWN CONSTITUENTS (albeit ones who may not “matter,” electorally, bc of the execrable Electoral College). That 2000 Election map broke a lot of brains.

Seth Masket@smotus.bsky.social · 6d ago

I've been seeing a lot of people responding to this with "there ought to be a law," but importantly, we haven't needed a law for this sort of thing because no prior president wanted to be known as a leader who would literally kill people in their hour of need for not voting for him

This was the book that liberated me. Until I read it, I had this strange view that if I started a book, I had to finish it. Like it was a sort of moral obligation. At p. 25, I gave myself to p. 100 to find it even remotely readable. At p. 100 I threw it to the curb. And the world didn't end.

Dara Lind@daralind.bsky.social · last wk.

Okay. If I’m 15 percent of the way through A Confederacy of Dunces, and more than 15 percent of the way to permanently damaging my eyes from rolling them so frequently, should I give up? Or does it get more pleasant or insightful?

Honestly, I assumed he had retained David E. Kelley—creator/producer of, among other shows, The Practice, Boston Legal, and Allie McBeal—since that David Kelley in fact also has a JD, and his Hollywood status prob carries more weight with the Trump admin than crap like “investigating terrorism.”

Josh Gerstein@joshgerstein.bsky.social · last wk.

Among the shocking things in these Comey filings is that fed agents and prosecutors didn't seem to know who Comey attorney David Kelley was & often misspelled his name. He was the top terrorism prosecutor in SDNY and oversaw DOJ's investigation into 9/11 www.politico.com/news/2026/07...

I feel like every test style privileges some forms of learning or thinking or accommodation or something over others. So it's impossible to ask what is "most fair" without some sort of concrete definition of "fairness" to start with. And that definition will be inescapably value-laden.

Orin Kerr@orinkerr.bsky.social · last wk.

I’d be very interested to hear from current or recent law students on whether they agree with this argument that fairness concerns justify switching to closed-book exams.

My crying/deranged laughing exam story. Not law school, but first quarter of my first year of grad school. Econometrics class w a relatively new prof. We had her previous two years of exams, tough but fair, felt prepped sitting down for the test. Test gets handed out upside down.

T. Greg Doucette@gregdoucette.bsky.social · last wk.

Slightly off-topic: this whole discussion reminds me of my "Fundamentals of Taxation" class in law school The only law school class that made me cry (literally) 1/

With impeachment and removal structurally impossible, I again feel that the immediate follow-up to SCOTUS expansion is a redefining of the lower courts, with the worst of the worst (like Bove and O’Connor) assigned to the new District and Circuit Court for the … Moon, maybe?

emptywheel@emptywheel.bsky.social · last wk.

The chances are quite good that the "number three" at DOJ who ordered Jim Comey to be illegally surveilled was Third Circuit judge Emil Bove. (He was nominated days later.) storage.courtlistener.com/recap/gov.us...

6. The following morning, the Secret Service submitted an emergency request to
Verizon in which an agent represented that such surveillance “relate[d] to an emergency involving
danger of death or serious physical injury to a person, necessitating disclosure without delay of
information relating to that emergency.” Ex. E. [013475-77] The Secret Service agent who
completed the form signed an attestation stating: “I certify that the foregoing is true and correct
and understand that Verizon may rely upon this form to make an emergency disclosure to my law
enforcement agency … pursuant to 18 U.S.C. 2702(b)(8) or 2702(c)(4).” Id. The declarant
advised the ATSAIC that he “was asked by the SAIC to ping the cellphone of James Comey via
exigency.” Ex. D. [013417] He further added that he did so “with hesitation.” Id. The same
document indicates that an Assistant Special Agent in Charge (“ASAIC”) reported that “the # 3
guy at DOJ ‘wanted to ping the cellphone via an exigency request.’”3
 Id.
7. Secret Service case records provided in discovery show that Mr. Comey’s cell
phone was electronically tracked that day as he and his wife drove north on Interstate 95 (“I-95”)
from North Carolina toward his Virginia home. The Comeys were also physically surveilled
during the trip, but trailing agents lost contact when the Comeys exited I-95 at one point to drive
toward the cemetery where the Comeys’ son is buried. The electronic surveillance captured the
trip to the cemetery. (The Government later seized—pursuant to the challenged March 2026

“Lanes? We don’t need no stinkin’ lanes.” I love how no one associated with this admin feels any need to actually be an expert on what they talk abt … and repeatedly get away with it! The logical conclusion of our pundit-driven Discourse. Everyone’s take on everything is legit!

Aaron Rupar@atrupar.com · last wk.

Peter Navarro is on TV talking about hydroxychloroquine, which is enough to cause a PTSD flareup. I'm not sure it's smart for Trump's cronies to publicly relitigate their handling of covid.

If they actually build anything, rather than just burn cash through an inefficient no-bid procurement process, a Dem POTUS should make razing them an early-term project, both as a symbolic gesture but also to ensure there is no excess capacity for any future nativist GOPer to use.

Austin Kocher, PhD@austinkocher.com · last wk.

ICE is seeking builders for up to 14 new or expanded detention sites, from the Virgin Islands to Guantanamo Bay, under a plan capped at $10 billion. It is shifting from renting detention to building it. Full edition: austinkocher.substack.com/p/this-week-...