A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
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Recent Bluessky Posts- I was going to say that, but it seems there's a sex scene? July 28, 2026 Michael Froomkin
- They really *are* getting younger: 18-year-old Nathan Thomas is now "pursuing a juris doctor degree at the University of Miami School of Law" He's also teaching engineering in his spare time. www.tuko.co.ke/people/63433... @miamilawschool.bsky.social July 28, 2026 Michael Froomkin
- I don't have a strong sense of lawyer-trustees but lawyers as a class have been mostly quite strong standing up to Trump, whether in government, non-Supreme courts, or in lawsuits against the government. I don't at all get the same sense about business, with so many angling for spots at the trough. July 28, 2026 Michael Froomkin
- Jotwell IP: Christopher J. Buccafusco, Generative Fair Use for All, JOTWELL (July 28, 2026) (reviewing Katrina Geddes, Engineering Semiotic Democracy, __ FIU L. Rev. __ (forthcoming 2026), available at SSRN (June 14, 2024)), ip.jotwell.com/generative-f.... July 28, 2026 Jotwell
- Progressive social media really should be going harder on highlighting Hope Florida scandal- * Helps to take out vulnerable GOP Senator up for reelection * Exposes hypocrisy of GOP "blue state fraud" meme * Hurts Ron DeSantis image * Emphasizes systematic GOP political attacks on Medicaid July 28, 2026 Nathan Newman- Working to 8647, the Pedophile Rapist
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Category Archives: Politics
Seems Its Not Too Early For The Opening Shots Of The 2022 Election
Posted in 2022 Election, Trump
2 Comments
Is There a Powerful COVID Infection Rate Predictor?
Interesting Twitter thread about the following question: If you plot the US state-by-state COVID infection rates since Sept 1, 2020–i.e. the recent and now receding surge–which is a better predictor:
- The percent of the population infected before Sept 1, or
- The margin of Biden’s victory in the state?
You might expect that states which had lots of COVID before Sept. 1 would have more of it after Sept. 1 for the same reasons they were getting it earlier. Or, I suppose, you might expect the reverse: states learn from their mistakes, and if infection rates were higher earlier then more people have immunity, so there’s a negative relationship between earlier infection rates and later infection rates.
According to Youyang Gu, both of those expectations are broadly wrong:
Instead, the single variable with the most predictive power is how strongly states voted for Biden.

As commenters in the thread note, at an R-squared of about 0.5, this is not a fully explanatory variable–there’s a lot going on, no doubt. Youyang Gu’s suggestive claim is only that as single-variable explanations go, this is the most powerful.
Posted in 2020 Election, COVID-19
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The Missing Link
Watching the 1/6 invasion of the Capitol on TV in real time, it was easy to think that most of the people were a strange sort of riot tourists. Yes, a vanguard looked tooled up, but the mass we saw on TV looked more along for the ride than anything else.
Since then, we’ve learned that key things were not on camera. There was some substantial advance planning among at least a portion of the insurrectionists. They may have had help from inside the building, both police and even members of Congress. They had phone calls or texts to people in the White House. There was a lot of big financial support from groups committed to overturning the election.
We also learned that Trump’s efforts to get certain states to overturn their results were much more extensive than first appeared from the inconclusive meeting with Michigan electoral officials. There were, at least, extensive efforts in Arizona and in Georgia, a key piece of which we have on tape.
And of course there were three score and more lawsuits around the country.
What was missing from the picture was the military angle. To run a real coup requires troops. We knew that Trump cleaned out top officials from the Pentagon and replaced them with acting officials who had the mien of stooges. That seemed to have cleared the decks for some sort of military action. The prospect of something certainly scared Dick Cheney enough that he convened a large group of former Defense Secretaries to write a warning to the military to stay out of the election. Yet, no sign of actual military activity manifested. Did the Cheney letter head something off?
Now, however, a different story seems to be coming into focus. The military angle wasn’t action as such: rather it was enforced inaction. Not only were the Capitol Police kept from preparing, or lulled into inaction, but so too was the National Guard. And this goes much further than not activating them: Acting Defense Secretary Miller tied the DC National Guard’s hands in what seems an extraordinary fashion, forbidding all the following from being deployed, used, or done by the Guard on Jan 5-6 without his personal approval:
- Weapons, ammunition, protection gear such as helmets and body armor
- Interacting physically with demonstrators except in self-defense
- Employing any riot control agents
- Sharing equipment with law enforcement
- Using any “intelligence, Surveillance, and Reconnaissance” assets to monitor the demonstrators.
- Helicopters or other air assets
- Conducting searches or seizures arrests or anything else directed by law enforcement
- Seeking support from law enforcement
In short, the Guard was rendered completely ineffective.
In other words, there was a plan: the plan was to remove all impediments both civilian and military that might get in the mob’s way, and then, to coin a phrase, unleash the Kraken.
And, it came quite close to working, in the sense that had there been a bloodbath then Congress might have found itself unable to act on the 6th. Personally, I don’t think that would have sufficed to keep Congress from doing its job the next day if it needed to and I don’t think that a majority (if living) would have given in, but maybe the plan was to have a long-run standoff like at Waco.
Since Trump and Pence’s terms would have ended on the 20th anyway, this would not have kept them in office. But if the insurrectionists had killed the Speaker and managed to keep Congress from meeting elsewhere and selecting a new Speaker, then presumably Chuck Grassley, the President Pro Tempore of the Senate would have become President. And we know what a profile in courage he is….
Posted in 1/6
9 Comments
Headline of the Day?
GOP: No ‘Unity’ So Long As Democrats Insist On Existing!
Kind of sums it up, really. (Article, alas, doesn’t say much you probably don’t already know.)
Posted in Post-Madness
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More Like This Please
A member of the ‘Sedition Caucus’ gets the ad he deserves:
Posted in 1/6
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