NYT: With Harvard Threat, Trump Tries to Bend the I.R.S. to His Will

The New York Times reports:

Since the post-Nixon era, the Internal Revenue Service has had a degree of independence from the White House. President Trump is seeking to change that.

If the IRS does not serve the will of the president, then whose will does it serve? To whom is the IRS accountable? If the IRS revokes your tax exempt status, to whom can you appeal? Are you seriously telling me that the IRS hasn’t been weaponized since Nixon?

On yesterday’s show at the 42 minute mark, Commentary magazine Editor John Podhoretz relates how Barack Obama’s IRS tried to revoke the magazine’s tax exempt status because Joe Lieberman at a Commentary magazine event endorsed John McCain for president.

John: “Because Commentary is a is a nonprofit institution and in 2010 or 2011 like other conservative institutions we got a letter from the IRS claiming that we had
violated our tax exemption and that we needed to prove that we had not done so or it would be removed. I called our lawyer called a lawyer looking into what to do about this. The reason that we were so accused is that Joe Lieberman had come to give a speech at a Commentary event in 2008 and in the course of this speech, the text of which we published on our website, he endorsed John McCain for president. Commentary is a 501c3 nonprofit and cannot endorse candidates. Commentary did not endorse John McCain. I called the lawyer and said ‘Well obviously this is a first amendment like they can’t take away our tax exempt status because of publish one thing.” And our lawyer said “No actually they they can they have almost unlimited discretion to revoke tax exempt status.” The head of the IRS has unlimited discretion. In no way shape or form do you have a right to a tax exemption. They can pull your tax exemption and you have no recourse. There is no finding of law that says that you are granted a tax exemption. It is a gift of the federal government.”

More.

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Trump vs Big Law

A conservative lawyer emails me:

Regarding big law, I think the impact of what Trump is doing is greatly exaggerated. Law firms now commit that they won’t refuse to represent someone because they hold different political views. This is how law firms have traditionally operated. Also clients do not want to use a law firm that disagrees with them so I don’t know how big a problem it is.

Obviously Trump himself had problems getting what he perceived as the best law firms to represent him and this pledge may take care of that problem. But law firms are not supposed to be the judge determining whether the client needs their help.

The pro bono stuff is also stupid. I don’t know how it works in other cities but in L.A. most pro bono clients are referred throught LA Legal Aid, Bet Tzedek and Public Counsel. The staff lawyers at those places are overwhelmingly liberal, progressive or even radical.

They don’t help landlords who cant collect rent because of a covid moratorium. They don’t represent low wage workers whose pay is undercut by illegal immigration etc. What may change is that other organizations that typically don’t funnel cases to big law, may now be augmented by organizations helping veterans or fighting anti semitism but I don’t think they will no longer take Pro bono referrals from their traditional sources.

The typical lawyer who actually works on the pro bono work is relatively inexperienced but whose hourly rate is very high, usually $1000 or more. So it’s not like the partners will be doing the pro bono work or even supervising it.

So my perception is that it is not a big deal. Obviously individual lawyers can still express their opinions or post things on social media or attend protests if they want so the comments that this is an attack on free speech is in my opinion not correct.

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Decoding The Right’s Trump Derangement Syndrome (4-17-25)

01:00 I read in the FT that Trump is halfway to instituting a police state
02:00 FT: Trump is halfway to making America a police state, https://www.ft.com/content/4c4b0f14-3e85-4436-94de-204d3f518f3c
03:00 Will Trump revoke Harvard’s tax exempt status?
https://ncofnas.com/p/with-amy-wax-for-and-against-tds
08:00 George Friedman on How Geopolitics Drives Trump’s Tariffs, https://www.youtube.com/watch?v=o0YJSEMy0sc
16:00 Nathan Cofnas: With Amy Wax: For and against TDS, https://ncofnas.com/p/with-amy-wax-for-and-against-tds
25:00 No Trade Is Free: Changing Course, Taking on China, and Helping America’s Workers, https://www.amazon.com/No-Trade-Free-Changing-Americas/dp/0063282135
45:00 What is the left and right? https://yourmoralleader.blogspot.com/2025/04/what-is-left-and-right.html
57:00 Michael joins to discuss right-wing TDS, https://x.com/Michaelmvlog
1:25:00 Josh Blackman: Remember When The Obama Administration Pressured Baker Hostetler To Drop Its Representation In House of Representatives v. Burwell?, https://reason.com/volokh/2025/03/13/remember-when-the-obama-administration-pressured-baker-hostetler-to-drop-its-representation-in-house-of-representatives-v-burwell/
1:30:00 How Democrats use NGOs to accomplish the agenda they can’t capture via politics, https://nypost.com/2025/04/14/opinion/how-democrats-used-ngos-to-end-run-voters-and-democracy/
1:36:00 Big Law Seems To Be Winning The Narrative War Against MAGA, https://yourmoralleader.blogspot.com/2025/04/big-law-seems-to-be-winning-narrative.html
1:44:00 New Parents – SNL, https://www.youtube.com/watch?v=-ryBqgkOw4U
1:45:00 Medication Ad – SNL, https://www.youtube.com/watch?v=cQ3jwffRn10
1:48:30 President Biden’s Cognitive Issues in 2024: A CHARLIE ROSE Global Conversation with Chris Whipple, https://www.youtube.com/watch?v=hQzy14CImqw
1:51:20 DTG: Back in the K-Hole, https://decoding-the-gurus.captivate.fm/episode/special-decoding-back-in-the-k-hole
2:01:30 Naomi Klein: It was Neoliberal Capitalism all along!, https://decoding-the-gurus.captivate.fm/episode/naomi-klein-it-was-neoliberal-capitalism-all-along
2:12:40 Give Trump credit for changing his mind, https://www.youtube.com/watch?v=5wi-OS9rpYc

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Amy Wax Calls Out Nathan Cofnas, Richard Hanania For Their TDS (Trump Derangement Syndrome)

Watch here.

I support Trump overall (I think his 2020 election denial was a horrible thing that incentivized the January 6 riot and that killed all of my enthusiasm for Trump until his indictments in 2023 when Trump regained my enthusiasm) but I recognize there are many valid criticisms of what he says, what he does, and how he says and does things.

My biggest concern about Trump II was lack of competence.

April 14, 2025, Michelle Goldberg writes for The New York Times:

[S]everal people who once appeared to find transgressive right-wing ideas scintillating are having second thoughts as they watch Donald Trump’s administration put those ideas into practice. The writer Richard Hanania once said that he hated bespoke pronouns “more than genocide,” and his 2023 book, “The Origins of Woke: Civil Rights Law, Corporate America, and the Triumph of Identity Politics,” provided a blueprint for the White House’s war on D.E.I. But less than three months into Trump’s new term, he regrets his vote, telling me, “The resistance libs were mostly right about him.”

Nathan Cofnas, a right-wing philosophy professor and self-described “race realist” fixated on group differences in I.Q., wrote on X, “All over the world, almost everyone with more than half a brain is looking at the disaster of Trump (along with Putin, Yoon Suk Yeol, et al.) and drawing the very reasonable conclusion that right-wing, anti-woke parties are incapable of effective governance.” (Yoon Suk Yeol is South Korea’s recently impeached president.)

Scott Siskind, who blogs under the pseudonym Scott Alexander, has been an influential figure in Silicon Valley’s revolt against social justice ideology, though he’s never been a Trump supporter. Last week, he asked whether “edgy heterodox centrists” like himself paved the way for Trump by opening the door to once-verboten arguments. In an imaginary Socratic dialogue, he wrote, “We wanted a swift, lean government that stopped strangling innovation and infrastructure. Instead we got chain-saw-style firings, total devastation of state capacity in exactly the way most likely to strangle innovation more than ever, and the worst and dumbest people in the world gloating about how they solved the ‘grift’ of sending lifesaving medications to dying babies.”

My friend Nathan Cofnas (Substack) had such an impressive track record of careful scholarship, but with regard to Trump over the past month, he’s gotten sloppy in his social media posts. He writes April 11: “Many people (including me) had high hopes about Trump, and it’s tough to face the fact that, after 10 years, the dream is over.”

This might be my biggest difference with Nathan over Trump: I never had a dream about Trump. I expected him to do some of the things that he talked about (such as restricting immigration, changing trade policies to benefit American workers, and to push back against the left’s excesses such as DEI). I judged him against the alternatives. He was less effective than I expected in his first term, and more effective in his second term. The only major American politician I’d rather have as president than Trump is JD Vance. Because the world is complicated, Trump or anyone else I favor may be a disaster.

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How much are American law firms off-shoring jobs?

Grok says:

Scale and Trends: Offshoring in the legal sector involves tasks like legal research, document review, contract management, and paralegal work, often sent to countries like India due to lower labor costs (savings of 10-40%). A 2023 article notes that while offshoring is increasing, it’s not as widespread as in industries like IT, with law firms focusing on repetitive, high-volume tasks. The legal process outsourcing (LPO) industry was estimated to generate $640 million in 2010, with projections to reach $4 billion by 2015, though recent data is scarce.

Job Impact: There’s no precise count of offshored legal jobs, but the broader U.S. legal sector employs about 1.18 million people (as of September 2024), with lawyers making up the majority. Estimates suggest that less than 10% of U.S. jobs across industries are vulnerable to offshoring, and legal jobs are less affected than manufacturing or IT due to the need for U.S.-specific legal knowledge and ethical concerns. Still, some sources project that 10-20% of service support jobs (e.g., paralegals, administrative roles) could move overseas in the next decade.

Firm Behavior: Larger law firms and corporations are the primary adopters, using offshoring to reduce costs and offer competitive pricing. Smaller firms (98% of U.S. law firms have fewer than 20 attorneys) are less likely to offshore due to concerns over quality, security, and client confidentiality. For example, some firms avoid offshoring patent work due to U.S. export restrictions and risks of intellectual property theft.

Ethical and Regulatory Context: The American Bar Association and several state bar associations (e.g., New York, California, Florida, Ohio) have approved offshoring since 2006-2009, provided firms ensure ethical compliance, supervision, and client confidentiality. This has facilitated growth but also highlights ongoing concerns about quality control and unauthorized practice of law.

Counterpoints: Some argue offshoring’s impact is overstated. A 2019 New York Times piece noted that fears of a white-collar job “apocalypse” from offshoring didn’t materialize, with many jobs staying domestic or shifting within the U.S. Additionally, automation and AI (potentially automating 44% of legal tasks) may pose a bigger threat to legal jobs than offshoring.

How much will AI lead to job reductions in American law?

Grok says:

Goldman Sachs (2023): Predicted that 44% of legal tasks could be automated using AI, implying significant potential for job displacement, particularly in roles involving repetitive tasks like document review, legal research, and contract analysis. If applied to the U.S. legal sector, which employs approximately 1.18 million people (as of September 2024), this could theoretically affect over 500,000 jobs, though not all would be eliminated outright.

Deloitte (2020): Estimated that 39% of legal jobs could be automated, suggesting a similar scale of impact, with a focus on routine and administrative tasks. This could translate to roughly 460,000 jobs potentially affected, though many may be transformed rather than eliminated.

Forrester (2024): Forecasted that nearly 80% of jobs in the legal sector will be “significantly reshaped” by AI, affecting roles like paralegals, associates, and administrative staff. While not all reshaping equates to job loss, this suggests a broad transformation, with some roles at higher risk.

Socius (2024): Noted that 14% of workers across industries have already experienced job displacement due to automation or AI, with legal roles among those affected. In May 2023, 3,900 U.S. job losses (5% of total job losses that month) were directly attributed to AI, though specific figures for the legal sector were not isolated.

Qualitative Perspectives:
Harvard Law School (2025): Interviews with AmLaw100 firms indicated no immediate plans to reduce attorney headcounts due to AI. Instead, firms anticipate maintaining or increasing staffing levels, with new roles like data scientists and AI engineers emerging. However, this optimism may not extend to support staff or smaller firms.

Thomson Reuters (2024-2025): Reported that AI could save lawyers 4 hours per week, equating to 200 hours annually, potentially generating $100,000 in new billable time per lawyer. This suggests productivity gains may offset job losses for attorneys, but support roles like paralegals face higher risks.

OECD Report (2024): Highlighted that tasks like legal research, contract analysis, and due diligence are particularly vulnerable to automation. While AI is expected to augment rather than fully replace lawyers, routine legal support roles may see significant reductions.

Roles Most at Risk
AI is likely to disproportionately affect roles involving repetitive, data-intensive tasks:
Paralegals and Legal Assistants: Tasks like document review, e-discovery, and basic research are highly automatable. The Bureau of Labor Statistics (BLS) projects slower growth for paralegal jobs (1% annually through 2032) compared to lawyers (8%), partly due to automation.

Administrative Staff: AI-driven tools for scheduling, billing, and case management reduce the need for clerical roles.

Junior Associates: Entry-level tasks like drafting initial briefs or conducting basic research are increasingly handled by AI, potentially reducing demand for first-year associates. However, firms note that AI outputs still require human oversight, preserving some roles.

Factors Mitigating Job Losses
Several factors suggest that AI may transform rather than eliminate most legal jobs:
Human-Centric Tasks: Roles requiring judgment, empathy, creativity, and client interaction (e.g., negotiation, mediation, strategic advising) are less susceptible to automation. Lawyers focusing on these areas may see increased demand.

New Roles and Upskilling: AI adoption is creating demand for tech-savvy roles like AI tool managers, data analysts, and legal technologists. Firms are investing in training to integrate AI, potentially offsetting losses.

Client Demand: The legal sector has seen steady growth due to increasing regulatory complexity and litigation. AI may enable firms to handle larger caseloads, maintaining or increasing staffing needs.

Ethical and Regulatory Constraints: Bar associations and ethical guidelines require human oversight of AI outputs, limiting full automation. For example, the California State Bar warns against over-reliance on AI, ensuring lawyers remain integral.

Comparison to Offshoring
In your previous question, you asked about offshoring in American law firms, which is estimated to affect a small but growing number of jobs (likely thousands, concentrated in support roles). AI poses a potentially larger threat:
Scale: AI could impact 39-44% of legal tasks, compared to offshoring’s estimated 10-20% of service support jobs over the next decade.

Cost and Speed: AI offers faster, cheaper automation (e.g., document review in minutes) compared to offshoring, which involves human labor and oversight costs.

Scope: AI affects a broader range of tasks, including those not typically offshored (e.g., drafting briefs), but offshoring is limited by concerns like confidentiality and quality control.

Uncertainties and Limitations
Adoption Rates: Only 50% of law firms have dedicated AI teams, and many remain cautious due to ethical, security, and cost concerns. Smaller firms (98% of U.S. law firms) may lag in adoption, slowing job displacement.

Economic Dynamics: Firms may reinvest AI-driven savings into growth, creating new legal or tech-related roles. The BLS projects 8% growth in lawyer jobs through 2032, suggesting resilience.

Historical Precedent: Past predictions of AI-driven job losses in law (e.g., 2010s) overestimated impacts, as employment grew faster than the broader workforce.

Conclusion
AI is likely to reduce certain legal jobs, particularly paralegal, administrative, and junior associate roles, with estimates suggesting 39-44% of tasks are automatable, potentially affecting hundreds of thousands of jobs over the next decade. However, the legal sector’s reliance on human judgment, regulatory constraints, and growing demand may limit outright job losses, with many roles transforming or shifting to new areas like AI management. Compared to offshoring, AI’s impact is broader and faster, though both target similar support functions.

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