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Loose Lips

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I suspect that a lot of career prosecutors and cops can deeply empathize with General Stanley McChrystal right about now.

(For those who haven't followed the story, Eliot Cohen has this op-ed in the WSJ.)

In our democracy (the worst form of government except for all the others), the career folks who do the tough work of protecting us from enemies foreign and domestic work for bosses who are elected politicians and their appointees. Sometimes the boss is a bozo. Sometimes you say so in private. But you don't say so to the press and certainly not to Rolling Stone for God's sake!

Often in criminal cases in the Supreme Court, the press wants to talk to a lawyer actually involved in the case, not the PR spokesperson for the elected official. Many career government lawyers follow a simple rule of never talking to the press under any circumstances, and the McChrystal kerfuffle illustrates why. I probably get more than my share of press calls for this reason. I am often the only nongovernment lawyer on the prosecution side, even though only as amicus.  (Meanwhile, on the defense side, everyone is making a Schumeresque sprint for the camera.)

It's one of the perks of my job. I can even talk to Rolling Stone. (I haven't yet, but I've talked to Mother Jones.)

But General McChrystal shouldn't. Yet. Put in your papers, hang up the uniform, and run for office. Then you can give 'em hell, Stanley. I'll vote for you.

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