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Lex Fridman · 2021-03-22 · 1h 43m

Ronald Sullivan: The Ideal of Justice in the Face of Controversy and Evil | Lex Fridman Podcast #170

Harvard Law's Ronald Sullivan defends everyone's right to counsel, even Harvey Weinstein, and warns that universities are caving to the loudest voices.

Ronald Sullivan: The Ideal of Justice in the Face of Controversy and Evil | Lex Fridman Podcast #170
The guest

Ronald Sullivan — Harvard Law School professor and renowned defense attorney known for taking impossible, unpopular cases. He led parts of the defenses for Aaron Hernandez and Harvey Weinstein, and Harvard declined to renew his faculty dean post after student protests.

The gist

Ronald Sullivan recounts how Harvard refused to renew his faculty dean position after he joined Harvey Weinstein's defense team, calling it a craven capitulation to a small number of students. He defends the principle that even the most unpopular and 'evil' defendants deserve competent counsel because process protects everyone's liberty. The conversation ranges across racism in the criminal justice system, jury selection, the Derek Chauvin and O.J. Simpson trials, the Aaron Hernandez case and his suicide, and the role of storytelling in trial work. It closes on books that shaped him, mortality, faith, and the lifelong project of understanding what it means to be human.

Big reveals

  • Sullivan calls Harvard's refusal to renew him 'one of the most craven cowardly acts by any university in modern history.'
  • Harvard ran a student survey about him but never released the results; he bets his salary the data came back in his favor and didn't fit their narrative.
  • Asked if he'd defend Hitler, he says everyone deserves a defense, though as a private attorney he'd likely pass unless no one else would take it.
  • He argues racial bias has become a 'feature' not a bug of the system, efficiently moving people of color from society to the streets.
  • Sullivan engages Lex's claim that robots will one day need a civil rights movement, weighing consciousness versus its performance.
  • On O.J. Simpson, he says the ill-fitting glove likely acquitted him: 'you never ask a question to what you don't know the answer.'
  • He notes prosecutors floated a 'specious' gay-rage theory as a murder motive against Aaron Hernandez before backing off.
  • Sullivan was scheduled to visit Hernandez days after his suicide; Hernandez was eager to appeal and even hoped to return to the NFL.

Things worth remembering

  • He invokes the 'camel's nose under the tent': short-circuiting one unpopular client's rights threatens everyone's.
  • Sullivan says he has gotten over 6,000 wrongfully incarcerated people out of prison.
  • Ernesto Miranda, an unlikable three-time knife thief, gave us the Miranda warnings because lawyers took his case.
  • He says it's a 'horrible waste of four years' to leave an elite university the same person you were when you entered.
  • Increase Mather's maxim: better ten guilty go free than one innocent person convicted, expresses America's priority on liberty.
  • Drug use is similar across races, yet Black Americans, 12% of the population, face 40% of drug charges.
  • In the Chauvin trial they needed 14 jurors; Sullivan has seen jury selection take a full month.
  • The O.J. case taught that even a DNA trial is ultimately about storytelling and narrative.
  • Sullivan believes attorney-client privilege survives death and so never watched or participated in the Hernandez documentary.
  • Citing Rorty, he holds strong beliefs while admitting he can't give 'non-circular theoretical backup' for them.

Recommended in this episode

Books, products and media the guest or host genuinely endorsed here — with the buy link.

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RecommendedBook

Contingency, Irony, and Solidarity

Richard Rorty

“one is uh contingency irony and solidarity by richard wardy he's a he's passed away now but was a philosopher” — Ronald Sullivan 01:28:57
Find it on Amazon
RecommendedBook

The Souls of Black Folk

W.E.B. Du Bois

“souls of black folk by w.b du bois uh was absolutely pivotal pivotal in my intellectual development” — Ronald Sullivan 01:32:38
Find it on Amazon
RecommendedBook

Crime and Punishment

Fyodor Dostoevsky

“the other book i was going to say is dostoevsky's crime and punishment and uh i mean i've always wanted to go to saint pete's” — Ronald Sullivan 01:34:42
Find it on Amazon