A Question for Trump Defenders

Steve Russell
7 min readOct 24, 2019
Graphic from Pixabay

Have you finally changed your mind about the exclusionary rule?

Please forgive my presumptuousness when I assume you look at legal issues from the conservative side of the Bar. I suppose I should explain that assumption, since it could really upset anyone wrongly caught up in it.

I recognize there has been a major brain drain from the GOP since Donald Trump’s coup, and most of the brain trust that distanced themselves from the Party of Trump self-identified as conservative.

Some opposed budget deficits. Some could not countenance Mr. Trump’s obsequiousness toward Vladimir Putin at Helsinki — that had to be humiliating for older Republicans who came up in a GOP that led the charge against the Soviet Union, formerly Russia’s alter ego.

Most of the well-known Republicans who have bailed still call themselves conservative, e.g. Joe Scarborough, Max Boot, Erick Erickson, David Frum, George Will. All of these people have high profile conservative credentials and there are many more like them.

I am thinking those who have stayed in the GOP fold must still be on the political right or they would not put up with what Trump has been doing to the federal courts. Trump’s requirement for conservative bona fides has overwhelmed education and experience for these lifetime appointments.

In summary, I am forced to admit it’s possible that there may be one or two lawyers still supporting Mr. Trump’s impeachment defenses who do not identify as conservatives. I do not know who they are, but I apologize in advance if they are offended.

The U.S. Supreme Court decided a criminal case that left conservatives outraged, arguing that the Court had gone beyond its authority and usurped the rightful powers of the states. The case became, for some, a litmus test for federal court appointments. Over the years, the SCOTUS chipped away at the case but the fundamental holding still stands.

Roe v. Wade in 1973? No, Mapp v. Ohio in 1961.

Cleveland police officers were looking for an individual who was a person of interest in the bombing of Don King’s house, the same Don King who would later become a famous boxing promoter but was at the time involved in more…



Steve Russell

Enrolled Cherokee, 9th grade dropout, retired judge, associate professor emeritus, and (so far) cancer survivor. Memoir: Lighting the Fire (Miniver Press 2020)