Four Predictions For 2022 – Above the LawAbove the Law – Above the Law
Happy new year!
What better way to celebrate than with predictions for the coming year?
Ill start with a prediction you werent thinking about: Ron DeSantis will lose his race for governor of Florida in November.
I see two reasons why DeSantis will lose. First, an awful lot of people have died from COVID-19 in Florida, and thousands more will die in the coming months. Its going to turn out that repeatedly saying stupid things that result in the death of your constituents is not a good political strategy. The friends and families of all those dead people will remember that DeSantis is partly to blame, and theyll hold it against him at the polls.
Couple the COVID-19 problem with DeSantiss likely abortion problem. The Supreme Court will upset the Roe applecart during the first half of this year. DeSantis is pro-life, but Florida generally tilts the other way, and this will pose a problem for DeSantis. Combine a silly response to COVID-19 with a politically untenable response to abortion, and you have the surprise of the season: DeSantis will lose his governors race, and with it any chance to be the Republican nominee for president in 2024.
What other predictions do I have up my sleeve?
My second prediction is less surprising than the first: Liz Cheney will lose her seat in the House of Representatives in November.
I have a lot of respect for Liz Cheney, and probably many elected Republicans respect her, too; they just cant say so out loud. Cheney has made her small mark in the history books by daring to suggest that inciting a crowd to attack Congress is somehow wrong.
But earning your place in the history books and earning votes in todays Republican Party are two different things.
In heavily Republican Wyoming, the person who wins the Republican primary will of course win the general election for a seat in the House of Representatives. But Cheney will not win the primary, and shell be out of office come January.
No surprises there.
Prediction number three: Trumps legal woes will catch up with him in 2022.
A lot of people have been trying to get Trump under oath for a long time: The New York attorney general, many plaintiffs in civil cases, and the like.
Its possible to stall the legal system for a while, but its not possible to block it entirely unless youre the president, which Trump no longer is. Trumps federal lawsuit seeking to prohibit the New York attorney general from deposing Trump is doomed to fail, as anyone whos read the Anti-Injunction Act would know. Trump will be forced to appear for his deposition.
But Trump would be a fool to testify to anything substantive. Hell plead the Fifth Amendment, and then hell say that he never did anything criminal. Hell say he had to plead the Fifth to evade a Democratic witch-hunt.
But thats not all!
The plaintiffs in some of the civil cases will also finally get Trump under oath. Plaintiffs counsel in those cases will know the threat that expansive testimony poses to Trump, so those lawyers will of course encourage expansive testimony.
But thats not all!
The assorted prosecutors investigating Trump will also continue to pursue him during the year. My guess is that at least one of those prosecutors will indict him.
I cant foresee the precise result of all that testimony and all those cases, but it wont be good for Trump.
Finally, COVID.
I must say: I see two possibilities for the pandemic. One possibility is that several billion people are infected with the omicron variant in the coming months. That gives the virus billions of opportunities to mutate. Naturally, it does. Something far worse than omicron emerges from these rampant infections, and were back to April 2020 all over again.
The other possibility is that omicron is in fact less severe than the original virus. Omicron infects billions of people with a less dangerous illness, and those people all develop some level of resistance to future infections. (Health care systems around the world may well be challenged while that process runs its course, but Im looking longer term than that.)
In the United States, Democrats electoral success is tied to how well Biden handles the virus. He cant let the virus run wild and so imposes every vaccine requirement that the courts will permit. The vaccination programs, coupled with the natural spread of the disease, puts the country, and the world, in a much better place by the end of the year.
Although you cant always tell from my columns at Above the Law, Im an optimist.
Im going with the second version of my COVID-19 visions, and Im predicting that the country, and the world, will be nearing the end of the COVID-19 pandemic by December 31, 2022.
And if Im wrong?
Ill be so terribly depressed that my regret for one silly prediction will be lost in the sea of melancholy.
So instead lets end on a bright note: I hope your 2022 is a happy and healthy one! Or, as someone recently said, Stay positive. Test negative.
MarkHerrmannspent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeons Guide to Practicing LawandDrug and Device Product Liability Litigation Strategy(affiliate links). You can reach him by email atinhouse@abovethelaw.com.
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Four Predictions For 2022 - Above the LawAbove the Law - Above the Law
- Fauci's decision to invoke the Fifth Amendment tees up a legal debate and a contempt vote - Dayton Daily News - August 31st, 2026 [August 31st, 2026]
- Prichard police detectives bag of money, Fifth Amendment invocation form basis of new trial demand in homicide - fox10tv.com - August 22nd, 2026 [August 22nd, 2026]
- Fauci refuses Senate appearance after invoking Fifth Amendment more than 100 times in COVID probe - New York Post - August 22nd, 2026 [August 22nd, 2026]
- Letter to the Editor: Trump and the Fifth Amendment double standard - courierherald.com - August 22nd, 2026 [August 22nd, 2026]
- Fauci refuses Senate appearance after invoking Fifth Amendment more than 100 times in COVID probe - Fox News - August 16th, 2026 [August 16th, 2026]
- Trump sued on First and Fifth Amendment grounds over paid Truth Social access - Scripps News - August 16th, 2026 [August 16th, 2026]
- Fauci invokes Fifth Amendment over 100 times at Senate hearing - newuniversity.org - August 16th, 2026 [August 16th, 2026]
- Fauci walks away when pressed on Fifth Amendment, pandemic regrets - New York Post - August 4th, 2026 [August 4th, 2026]
- Pat McAfee pokes fun at Anthony Fauci pleading the Fifth Amendment live on ESPN - Fox News - August 4th, 2026 [August 4th, 2026]
- Here's how many times Trump invoked Fifth Amendment in civil fraud trial, according to a judge - Snopes - August 4th, 2026 [August 4th, 2026]
- Fauci invokes the Fifth Amendment at Senate hearing on COVID-19 pandemic origins - Scripps News - August 4th, 2026 [August 4th, 2026]
- What It Means to Plead the Fifth Amendment - Time Magazine - August 4th, 2026 [August 4th, 2026]
- Aaron Rodgers calls Fauci coward, criminal for invoking the Fifth Amendment - WJTV - August 4th, 2026 [August 4th, 2026]
- Fauci Invokes Fifth Amendment More Than 100 Times in Bitter Senate Hearing - The New York Times - August 4th, 2026 [August 4th, 2026]
- In the News: Mark Osler on Anthony Faucis Fifth Amendment Claim - Newsroom | University of St. Thomas - August 4th, 2026 [August 4th, 2026]
- Dr. Fauci invokes his Fifth Amendment right not to testify at Senate hearing - NBC News - August 4th, 2026 [August 4th, 2026]
- Fauci invokes Fifth Amendment and declines to testify in Republican-led COVID-19 Senate hearing - Oregon Public Broadcasting - OPB - August 4th, 2026 [August 4th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - Live 5 News - August 4th, 2026 [August 4th, 2026]
- CBS News | Legal Analysis on Whether Dr. Anthony Fauci Can Be Punished for Invoking Fifth Amendment - Loyola Marymount University - August 4th, 2026 [August 4th, 2026]
- The scope of Faucis Fifth Amendment invocation may have to be settled in court - MS NOW - August 4th, 2026 [August 4th, 2026]
- Hawley trolls Fauci's blanket Fifth Amendment claims exposing 'contempt for this body' - Fox News - August 4th, 2026 [August 4th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WDAM-TV - August 4th, 2026 [August 4th, 2026]
- Fauci invokes fifth amendment and declines to testify in Senate Covid hearing - The Guardian - August 4th, 2026 [August 4th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WTVM.com - August 4th, 2026 [August 4th, 2026]
- Dr. Anthony Fauci invokes Fifth Amendment in heated COVID-19 hearing - WTAE - August 4th, 2026 [August 4th, 2026]
- Faucis legal protection from pardon, Fifth Amendment is an open question - The Hill - July 30th, 2026 [July 30th, 2026]
- Anthony Fauci Invokes Fifth Amendment in Rand Paul Senate Hearing NPR - Geisel School of Medicine at Dartmouth - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WBKO - July 30th, 2026 [July 30th, 2026]
- Washington Post. . Anthony Fauci repeatedly invoked the Fifth Amendment during a Senate hearing Wednesday where Republicans pressed the retired... - July 30th, 2026 [July 30th, 2026]
- Dr. Fauci invokes the Fifth Amendment at Senate hearing on COVID pandemic - CBS News - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - fox8live.com - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WCTV - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - KEYC News Now - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WEEK | 25 News Now - July 30th, 2026 [July 30th, 2026]
- Fauci Threatened With Contempt Of Congress After Invoking Fifth Amendment - Forbes - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - Cleveland 19 News - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - ABC7 WWSB - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WSAW - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WCAX - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WSFA - July 30th, 2026 [July 30th, 2026]
- Anthony Fauci invokes Fifth Amendment at fiery Senate hearing on Covid-19 - Financial Times - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WTHI-TV - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - KOLN | Nebraska Local News, Weather, Sports | Lincoln, NE - July 30th, 2026 [July 30th, 2026]
- Fauci invokes the Fifth Amendment over 100 times - CNN - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WPTA | 21Alive | Fort Wayne, IN - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - WVLT - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - wflx.com - July 30th, 2026 [July 30th, 2026]
- Fauci invokes Fifth Amendment in Senate hearing about COVID-19 pandemic - KOLD - July 30th, 2026 [July 30th, 2026]
- Opinion | Why I will use my Fifth Amendment rights before Congress today - The Washington Post - June 12th, 2026 [June 12th, 2026]
- ActBlue C.E.O. Invokes Fifth Amendment Repeatedly in Testimony to Congress - The New York Times - June 12th, 2026 [June 12th, 2026]
- ActBlue CEO invokes Fifth Amendment repeatedly in testimony to Congress - The Seattle Times - June 12th, 2026 [June 12th, 2026]
- ActBlue CEO Will Invoke Fifth Amendment At Congressional Hearing - Campaigns & Elections - June 12th, 2026 [June 12th, 2026]
- ActBlue CEO invokes Fifth Amendment in House hearing over illegal foreign donations - Fox Business - June 12th, 2026 [June 12th, 2026]
- 'Okay, wow, didn't expect that one': Rep. Loudermilk stunned by ActBlue CEO's Fifth Amendment answer - The Economic Times - June 12th, 2026 [June 12th, 2026]
- Urban Outfitters Inc Enters Into Fifth Amendment To Credit Agreement On May 19, 2026 - TradingView - May 27th, 2026 [May 27th, 2026]
- Principals who invoked their Fifth Amendment rights during CRCT investigation identified - Albany Herald - May 22nd, 2026 [May 22nd, 2026]
- User Clip: Clip: Use of the Fifth Amendment - C-SPAN - May 22nd, 2026 [May 22nd, 2026]
- Is the Twenty-fifth Amendment Really an Option? - The New Yorker - May 7th, 2026 [May 7th, 2026]
- Does the Fifth Amendment Protect You From Turning Over Documents (with Tiffany H. Eggers) - Dykema - May 1st, 2026 [May 1st, 2026]
- We have the Twenty-Fifth Amendment. Now is the time to use it. - lawdork.com - April 12th, 2026 [April 12th, 2026]
- Herald Tribune Events - The Fifth Amendment - Sarasota Herald-Tribune - March 26th, 2026 [March 26th, 2026]
- A full and perfect equivalent : Just Compensation and the Fifth Amendment - Pacific Legal Foundation - February 22nd, 2026 [February 22nd, 2026]
- Jeffrey Epstein's accomplice, Ghislaine Maxwell, pleaded the Fifth Amendment during the House Oversight Committee's deposition. - Facebook - February 14th, 2026 [February 14th, 2026]
- Elie Honig Explains How Maxwell May Have Inadvertently Waived Her Fifth Amendment Protection - AOL.com - February 14th, 2026 [February 14th, 2026]
- Epstein invoked the Fifth Amendment for nearly every question during his depositions. If he had nothing to hide, why stay silent? He used the same... - February 11th, 2026 [February 11th, 2026]
- Jeffrey Epstein Associate: Why is Ghislaine Maxwell Invoking the Fifth Amendment in a Congressional Probe? - The Sunday Guardian - February 11th, 2026 [February 11th, 2026]
- Maxwell invokes the Fifth Amendment at closed virtual House Oversight deposition - Rural Radio Network - February 11th, 2026 [February 11th, 2026]
- Ghislaine Maxwell expected to invoke Fifth Amendment in congressional deposition - Washington Examiner - February 11th, 2026 [February 11th, 2026]
- Epstein accomplice Ghislaine Maxwell cowardly pleads the Fifth Amendment during deposition - Sky News Australia - February 11th, 2026 [February 11th, 2026]
- Fifth Amendment to Agreement for Browns Mills Shopping Center Redevelopment OKd, Enabling Parties to Pursue Closing of Tract - Pine Barrens Tribune - February 7th, 2026 [February 7th, 2026]
- More Historical Evidence Showing that the Public Use Clause of the Fifth Amendment Does Not Allow Takings that Transfer Property to Private Parties -... - January 30th, 2026 [January 30th, 2026]
- Government Notifies CGST (Fifth Amendment) Rules, 2025; Inserts Rule 31D on Retail Sale PriceBased Valuation and Adds New Clause (f) in Rule 86B,... - January 6th, 2026 [January 6th, 2026]
- The fifth amendment: A path back to the people? - The Jakarta Post - December 7th, 2025 [December 7th, 2025]
- Evertec Inc - On Nov 25, Enters Into Fifth Amendment To Credit Agreement - SEC Filing - TradingView - December 7th, 2025 [December 7th, 2025]
- Brooklyn mom of missing 11-year-old autistic boy invokes Fifth Amendment in Family Court - New York Daily News - December 7th, 2025 [December 7th, 2025]
- Stepmother Cites Fifth Amendment, Says FBI Probe Could Target Minor in Teen Cruise Ship Mystery Death - LAmag - November 24th, 2025 [November 24th, 2025]
- Officer invokes Fifth Amendment in trial of former SAPD officers - WOAI - October 19th, 2025 [October 19th, 2025]
- BREAKING: Appellate Court finds one of Patrick Tate Adamiaks convictions violated Double Jeopardy Clause of the Fifth Amendment - Second Amendment... - October 15th, 2025 [October 15th, 2025]
- Ligado and the Fifth Amendment Fight Over Spectrum Rights - The National Interest - October 11th, 2025 [October 11th, 2025]
- Key witness invoked the Fifth Amendment in Akron murder trial. Should he have testified? - Akron Beacon Journal - September 19th, 2025 [September 19th, 2025]