Hey folks, pre here.

Every week I write and record a personal note for members of the cafe and cider community.

Last week's note, never more proud to be an American, seemed to resonate with many listeners.

Now that election day is finally upon us, I thought I'd take down the paywall and share

some of my reflections with all of you.

Dear listener, there is a tradition in the SDNY, and I imagine in other prosecutors offices

too, which is this.

Supervisors try to find an opportunity to give positive feedback to assistant US attorneys

trying a case, but before the verdict is known, you worked hard, tried an excellent case,

whatever happens, you should know I'm proud of you.

The point is to praise the effort, if deserved, rather than the outcome.

Justice is less about results than about a fair and fair minded process.

Uncertainty of outcomes sometimes overstate the quality of the effort and adverse outcomes

can wrongly obscure it.

In my book Doing Justice, I compare the uncertainty of jury verdicts to the uncertainty of election

outcomes based on a 2016 quote from Chess Grandmaster, and this week's stay tuned guest,

Gary Kasparov.

As Kasparov noted on the eve of the election that year, quote, that nervous feeling you

have about tomorrow Americans, that's democracy working.

Unpredictable elections, what a luxury, end quote.

The same is true as a jury verdict looms as I wrote, quote, that nervous feeling you

have when the jury comes out prosecutors, that is justice working.

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