On vindicating the rule of law

Commitment to the rule of law is one of the core values of a liberal legal system. The adherents of such a system usually regard the concept of a "government of laws and not people" as the chief protector of the citizens' liberty. This Article argues that such is not the case. .... I refer to the myth of the rule of law because, to the extent that this phrase suggests a society in which all are governed by neutral rules that are objectively applied by judges, there is no such thing. As a myth, however, the concept of the rule of law is both powerful and dangerous. -- J. Hasnas, The Myth of the Rule of Law, 1995 Wis. L. Rev. 199 (1995)

Although reference to the judicial ermine [the intellectual purity myth] has fallen from common usage, the assumption it embodies-that when they don their robes, independent judges set aside their passions, prejudices, and interests and follow the law-remains integral to the legal establishment's traditional conception of the role that the judiciary plays in American government. That assumption has come under sustained attack by scholars and policymakers, leading to the question of whether there is enough truth to this "ermine myth" to make it one still worth defending, or whether the time has come to demythologize our understanding of what judges do and to acknowledge that, truth be told, the ermine is just a glorified weasel. Put another way, can the rule of law survive judicial politics? -- CG Geyh, Can the Rule of Law Survive Judicial Politics, Cornell Law Review, 97(2):191-254, 2012

I like weasels. Are judges weasels (ermine)? -- Germaine, 2022

Newsweek writes:

Former U.S. Army prosecutor Glenn Kirschner believes that failing to hold former President Donald Trump "accountable for his crimes" will "destroy" the legitimacy of U.S. institutions.

Trump is facing multiple high-profile investigations, and some legal experts have urged the Justice Department to indict the former president or appoint a special counsel to investigate him. Kirschner has previously contended that Trump will face accountability for his actions related to January 6, 2021—when hundreds of his supporters violently attacked the U.S. Capitol.

"DECLINING to hold Trump accountable for his crimes in light [of] the overwhelming evidence would be a political calculation. It would also would make a mockery of honest, law-abiding politicians & destroy the legitimacy of the institutions of American government. This is an easy call," Kirschner, who now works as a legal analyst for MSNBC and NBC News, wrote in a Saturday tweet.

The attorney posted the remarks while sharing a tweet from the nonprofit Citizens for Responsibility and Ethics in Washington (CREW). The nonpartisan watchdog group wrote: "Frankly, we're getting tired of the whole 'prosecuting Donald Trump for crimes he may have committed is politically motivated' argument some of y'all are making. Holding him accountable isn't political, it's justice."

DECLINING to hold Trump accountable for his crimes in light the overwhelming evidence would be a political calculation. It would also would make a mockery of honest, law-abiding politicians & destroy the legitimacy of the institutions of American government. This is an easy call. https://t.co/UDWNwKx2Ia

— Glenn Kirschner (@glennkirschner2) March 12, 2022

Mr. Kirschner argues that failing to try to vindicate the rule of law would be a political decision, not a legal one, and that would damage the legitimacy of democratic institutions. 

Question: Is Kirschner's argument and opinion reasonable? 

The stoat or short-tailed weasel (Mustela erminea), also known as the 

Eurasian ermine, Beringian ermine, or simply ermine, is a mustelid 

native to Eurasia and the northern portions of North America