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EXPERT OPINION DECEMBER 21, 2020 ¦ 39

to search for dirt from the 2016 election and No one likes to lose, either in war or in politics.
the Russia probe, so as to make it difficult The temptation may be strong to spike the guns,
for the incoming Attorney General to re- set booby traps, or encourage Werwolf actions by
move him irredentist supporters in and out of government.
• Take military and diplomatic actions, such It’s too much to expect that President Trump will
as the withdrawal of forces from Somalia, resist that temptation. Unlike Robert E. Lee, who
that will limit or significantly complicate the famously sent his men home after Appomattox,
options available to the suc- he continues to whip up his sup-
cessor administration porters so that, having raked in
• Fire or sideline career of- yet more of their contributions,
ficials with needed skills, Scorched earth is what a he can plausibly mount a 2024
often for retaliatory reasons, nation’s military forces presidential campaign begin-

and in the process further do in combat operations ning precisely when his current
demoralize civil servants against an invader’s term expires.
• Pardon undeserving federal
convicts, notably including forces. It is not what an With the COVID-19 death toll
those who served President mounting, the economy at risk
Trump’s political interests or elected government in a of tanking, and a host of other
committed war crimes democratic country does domestic and foreign messes
competing for the incoming ad-
when it is voted from ministration’s attention, the last
office.

There will be more scorched weeks of the Trump administra-
earth actions between now and tion (and the first weeks of the
January 20. Biden administration) will be
Some scorched earth political acts can be far more challenging than they needed to be. ¦
untangled fairly readily; others will needless-
ly consume time, effort and the expenditure of Eugene R. Fidell is a senior research scholar at Yale
political capital; yet others – the judicial ap- Law School and of counsel at Feldesman Tucker
pointments and the indefensible pardons – are Leifer Fidell LLP. He is on the steering committee
irremediable. of Lawyers Defending American Democracy.

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