Sunday, August 23, 2026

Man, I was a terrible negotiator as a lawyer. When a prosecutor, I never made a plea offer. I required the defense to make an offer to me. Of course they had to do their ethical duty and complete discovery. Of course I was under an ethical duty to participate in good faith plea negotiations. But my definition of good faith negotiations did not include bluffing. They made me an offer, I said yes or no and countered. If they said no, that was end of good faith negotiations and we would go to trial. I wasn't being a putz for being a putz' sake. Trial preparation is intense and extremely time and energy consuming. I wasted too much time in my earlier years preparing a case for trial only to have it plead out when the defense saw the whites of the jurors' eyes. 

I am constitutionally unsuited for and would not have done what both sides did in the U.S.-Canada trade negotiations. Spend a week in what I think are good faith, fruitful negotiations only to find out at the last minute that I was getting my chain jerked? No and hell no. I never was suited for diplomacy.