February 7, 2018

IRA STOLL: A Tale of Two Memos: Mulvaney, Nunes Missives Both Press Rule of Law. “In the end the Nunes Memo and the Mulvaney Memo both get at a similar theme — that government officials, whether FBI agents or consumer financial protection bureaucrats, need to follow the law, and that the law should be known in advance and applied impartially. More than 300 years after Locke’s Second Treatise, you’d think this would not be such an intensely controversial point. Perhaps Professor Epstein was right when he called it wishful thinking. Good for Mr. Mulvaney, though, for giving it a try.”