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Oct 6, 2025  |  
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Susie Moore


NextImg:Deconstructing the Narrative of the Resistance Judiciary

If you're like me, anytime you hear or see a news story now that starts out with: "X number of such-and-such experts" or "former intelligence officials" or "retired military officers" or some such "sign letter saying Y," you've learned to discount it. We're supposed to be impressed by the appeal to authority and/or the number of those signing off on a proposition. 

We aren't. Not even when they're judges. 

Now, it pains me a bit to say that because I'm a firm believer in the judiciary and its having a critical role in our governance. And, as a recovering lawyer myself, one who practiced law in multiple courts before multiple judges over the course of almost three decades, respect for the bench is ingrained. I'm well acquainted with the fact that rulings often don't go the way we want them to, but primed to start from the premise that judges know what they're doing and get it right more often than not. They get that "wisdom of Solomon" deference, which, I realize, is often unwarranted. I'm simply acknowledging my default setting on this. 

So when I saw the story several days ago about "42 retired judges" having signed off on an "open letter" criticizing the Trump administration's indictment of former FBI Director James Comey, I semi-dismissed it. I knew not to put much stock in it — that it was likely a cohort of NeverTrump sorts being trotted out to sound impressive; that I'd probably disagree with their take; and that, in the whole scheme of things, it wasn't worth the ink or digital space used to create it. I wrote it off. 

But then, while listening to my favorite podcast ("America This Week") on Saturday, hosts Matt Taibbi and Walter Kirn fleshed it out a bit more, and I was stunned at the absolute absurdity of the portions of the letter they shared. 

So, I felt compelled to search it out myself and see if it was as dunderheaded as it sounded. Indeed, it was and is, so, as I did with the narrative of the left following Charlie Kirk's assassination, I now feel compelled to deconstruct this ridiculous letter authored/signed by what I am now referring to as the Resistance Judiciary™️.

SEE: Deconstructing the Narrative of the Left - Part 1: Fact vs. Opinion

Deconstructing the Narrative of the Left - Part 2: The Debate

First, a word about the signatories: Top of the list is Judge Michael Luttig, a former Circuit Judge for the U.S. Court of Appeals for the Fourth Circuit. His name may sound familiar, as he is a frequent talking head on legacy media outlets sounding the alarm about the Bad Orange Man and such. Okay, that tracks. 

I actually didn't recognize any of the other names on the list — none were from Missouri; surprisingly few were from what we'd consider red states, even. Plenty of California, Massachusetts, and New York, though. Bearing in mind that these are all retired judges and thus, wouldn't be of recent vintage, the most charitable reading of political affiliation as to the judges and/or the executives who appointed them is that this list consists of a 75 percent Democrat, 25 percent Republican lean. And by charitable, I mean assuming that someone appointed by Ronald Reagan or George H.W. Bush is aligned with Donald Trump and the Republican Party of 2025. In other words, realistically, there may be two or three judges on this list who still vote Republican. 

That right there undercuts the "authority" this missive carries. We don't know, of course, how many former judges were contacted who opted not to hop on this bandwagon — and whether they did so due to ideological motivation, or out of second-hand embarrassment for the ones who did. 

Does it seem like I'm being harsh? Well, let's move on to the body of the letter and dissect it (main bullet points are the letter's language; sub-points are my commentary): 

I don't know who drafted this letter. I don't know how closely those who signed it read it or how deeply they thought about it. I do know that other than giving a thrill up the leg of those who already agree with them, this is about the lamest virtue signal I've ever seen. And I am thoroughly embarrassed for the once vaunted judiciary. 

 Judges Statement on Comey  by  Susie Moore 

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