An important basis for evaluating the judgment of public figures is how they have evaluated others. People are appropriately criticized for having supported presidents who have been condemned by the verdict of history. Others have been criticized for supporting presidential candidates who have turned out poorly.
Enter former attorney Michael Avenatti and Professor Laurence Tribe.
During the Trump administration, Michael Avenatti became famous for representing a porn star against President Donald Trump. In 2018, he announced that he would consider running against the incumbent president, bragging on CNN about his qualifications: “Because I have three things the president lacks: brains, heart and courage.”
CNN virtually created Avenatti, giving him enormous airtime because he was so opposed to President Trump. I remember a scheduled interview being cancelled by CNN one night, when a producer called me and said: “We have to cancel you.” And then, with enthusiasm akin to announcing the appearance of a president, a pope, or a king, he said: “We’ve got Avenatti.” And they got him night after night, making him a household name and figure.
Avenatti’s proposed candidacy was taken seriously by CNN commentators such as Brian Stelter and Jeffrey Toobin, as well as other anti-Trump zealots, for whom the only criterion for becoming president seemed to be a willingness to take on Trump. Avenatti had no credentials and CNN did no investigation of his background before anointing him.
My former Harvard Law School colleague, Laurence Tribe, contributed to the Avenatti bandwagon. On August 12, 2018, shortly after Avenatti’s announced his “qualifications” to run for president. Tribe tweeted: “Michael Avenatti’s contribution to the political dialogue deserves a hearing. He’s smart, clear & committed to facts and evidence. A powerful fighter, he seems to be a good listener, knows how to use the media, knows what he doesn’t know & seems practical as well as progressive.”
Following Avenatti’s subsequent guilty plea and conviction for numerous frauds, Tribe tried to erase his past support for him, tweeting: “This couldn’t have happened to a more deserving dude. The only time I ran into Michael Avenatti in person was in a cable studio green room. He wouldn’t give me the time of day, much less engage in civil discourse. An ego on Steroids.”
No mention of his previous enthusiastic praise for him. Only a complaint that Avenatti didn’t treat him respectfully in the green room.
That was the past. Tribe showed extraordinary poor judgment, and an unwillingness to admit he was wrong back then, but he has continued to show even worse judgement now.
In a recent CNN interview, Tribe assured his viewers that “without any doubt, beyond a reasonable doubt, beyond any doubt” Trump was guilty of numerous crimes, including the “attempted murder” of Vice President Mike Pence. He said: “You don’t have to go to law school” to know that these crimes have been committed.”
Well, actually you do. Any first-year law student writing such drivel on a criminal law exam would receive a D-, even with grade inflation. It is one of the dumbest things I have ever heard a law professor say.
Attempted murder is extremely difficult to prove. The law is clear that even if everything Tribe believes that Trump did, said or thought were true, it wouldn’t come close to constituting attempted murder. I know because I have written, taught and litigated more about the crime of attempted murder than any other lawyer.
Tribe is simply and categorically wrong. As usual, after being caught in his mendacity, he tried to back away. A CNN interviewer challenged him:
“Well, I mean, you know, it’s pretty incredible to hear you say that, right? I mean, attempted — attempted murder. Do you believe, Prof. Tribe, that Attorney General Merrick Garland will bring any charges against Trump?”
“I think he will,” Tribe replied. “I don’t think he will charge attempted murder, I was making that point to show, really, how extreme this was, that we can even talk about that shows how far from normal this all is,” he explained.
The point is that reasonable people cannot seriously “even talk about” Trump being guilty of attempted murder. It is not a close case. These are the absurd rantings of a zealot who has lost all perspective and judgment when it comes to Donald Trump.
There is much to criticize about Trump’s actions of January 6, 2021. But even suggesting that he is guilty of attempting to murder his vice president shows judgment akin to supporting Michael Avenatti for president.
This is important because Tribe has become the go-to academic spokesperson for the woke hard left on all legal matters Trump. If this is representative of their thinking, they — and we — are in real trouble.
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