warrant a criminal referral. something that we have been covering here on the program. as of now the department of justice has apparently chosen not to pursue criminal charges against trump and his allies as my next guest points out. it is a chilling effect on the future of our democracy. "new york times" op-ed which he coauthor he says, to decline from the outset to investigate would be appeasement, pure and simple, and appeasing bullies and wrongdoers. without forceful action we will like any not resist what some retired generals see as a march to another insurrection in 2024. lawrence tribe joins me now. professor, first, i guess, let's start with the argument you're making in the piece along with your co-authors. what do you think the department of justice under attorney general merit merit, former