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
- Actions of federal government are upending the due process of the Fifth Amendment [letter] - LancasterOnline - August 24th, 2025 [August 24th, 2025]
- WATCH: Second Biden official invokes the Fifth Amendment during House deposition - InsideNoVa.com - August 1st, 2025 [August 1st, 2025]
- Biden officials are hiding behind Fifth Amendment to avoid incrimination, congressman says - MSN - July 24th, 2025 [July 24th, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - Rural Radio Network - July 24th, 2025 [July 24th, 2025]
- Third Biden aide invokes Fifth Amendment in House probe of former president's cognitive decline - alphanews.org - July 22nd, 2025 [July 22nd, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - KOKH - July 22nd, 2025 [July 22nd, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WPEC - July 22nd, 2025 [July 22nd, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - Good Morning America - July 22nd, 2025 [July 22nd, 2025]
- House Republicans face mounting resistance as third ex-Biden WH aide pleads Fifth Amendment - AOL.com - July 22nd, 2025 [July 22nd, 2025]
- House Republicans face mounting resistance as third ex-Biden WH aide pleads Fifth Amendment - Fox News - July 20th, 2025 [July 20th, 2025]
- Biden aides look to Fifth Amendment as autopen probe widens - The Washington Post - July 20th, 2025 [July 20th, 2025]
- WATCH: Second Biden official invokes the Fifth Amendment during House deposition - The Center Square - July 20th, 2025 [July 20th, 2025]
- Trumps FBI Director Grilled on What He Thinks Fifth Amendment Says - MSN - July 20th, 2025 [July 20th, 2025]
- Annie Tomasini Invoked Her Fifth Amendment Right in Response to Questions - themercury.com - July 20th, 2025 [July 20th, 2025]
- Annie Tomasini Invoked Her Fifth Amendment Right in Response to Questions - Purdue Exponent - July 20th, 2025 [July 20th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WPDE - July 20th, 2025 [July 20th, 2025]
- Biden doctor Kevin OConnor invokes Fifth Amendment when asked if he lied about ex-prezs health - MSN - July 20th, 2025 [July 20th, 2025]
- Third Biden witness invokes Fifth Amendment during House deposition - Iosco County News Herald - July 20th, 2025 [July 20th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - WV News - July 20th, 2025 [July 20th, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - MSN - July 20th, 2025 [July 20th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - Purdue Exponent - July 18th, 2025 [July 18th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - KFOX - July 18th, 2025 [July 18th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WOAI - July 18th, 2025 [July 18th, 2025]
- Fmr. Jill Biden aide pleads the fifth amendment - LiveNOW from FOX - July 18th, 2025 [July 18th, 2025]
- Second Biden official invokes the Fifth Amendment during House deposition - Read Lion - July 18th, 2025 [July 18th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - Citizen Tribune - July 18th, 2025 [July 18th, 2025]
- Trumps history with the Fifth Amendment still isnt doing his allies any favors - MSNBC News - July 16th, 2025 [July 16th, 2025]
- Requiring man to unlock phone with fingerprint violated Fifth Amendment, court says - Oswego County News Now - July 16th, 2025 [July 16th, 2025]
- Former White House Physician Pleads the Fifth Amendment at House Hearing - The Presidential Prayer Team - July 12th, 2025 [July 12th, 2025]
- Maddow Blog | Trumps history with the Fifth Amendment still isnt doing his allies any favors - Yahoo News - July 12th, 2025 [July 12th, 2025]
- Broadcaster and commentator Josh Bernstein criticises a former White House doctor who treated former US President Joe Biden, after the doctor invoked... - July 12th, 2025 [July 12th, 2025]
- Alert: Biden's former doctor refuses to answer questions in House testimony, citing patient privilege and the Fifth Amendment - Connecticut Post - July 10th, 2025 [July 10th, 2025]
- Biden's former doctor refuses to answer questions in House testimony, citing patient privilege and the Fifth Amendment - Yahoo - July 10th, 2025 [July 10th, 2025]
- Trumps FBI Director Grilled on What He Thinks Fifth Amendment Says - The New Republic - May 11th, 2025 [May 11th, 2025]
- 'Turtleboy' blogger invokes Fifth Amendment in connection with Karen Read case - WCVB - April 18th, 2025 [April 18th, 2025]
- Woman accused of performing illegal abortions invokes Fifth Amendment right, posts bond - KHOU.com - March 28th, 2025 [March 28th, 2025]
- Are Your BYOD Policies Fifth Amendment-Ready? The Growing Tension Between Biometrics & Individual Rights - Corporate Compliance Insights - March 13th, 2025 [March 13th, 2025]
- Patel Invoked the Fifth Amendment in a Case Tied to Trump - The New York Times - February 5th, 2025 [February 5th, 2025]
- Trump says he took the Fifth Amendment in NY investigation - Central Oregon Daily - February 5th, 2025 [February 5th, 2025]
- Travis Kelce avoids answering the most compromising question about Taylor Swift and pleads the fifth amendment - Marca English - February 5th, 2025 [February 5th, 2025]
- Do presidential pardons remove the Fifth Amendment rights of recipients? - National Constitution Center - January 26th, 2025 [January 26th, 2025]
- Biden preemptively pardons Fauci, creating Fifth Amendment trouble for him - MSN - January 22nd, 2025 [January 22nd, 2025]
- Biden preemptively pardons Fauci, creating Fifth Amendment trouble for him - Washington Examiner - January 22nd, 2025 [January 22nd, 2025]
- Ex-IU doctor Brad Bomba Sr. invoked Fifth Amendment 45 times in deposition over alleged abuse - Yahoo! Voices - December 18th, 2024 [December 18th, 2024]
- President Muizzu ratifies the fifth amendment to the Criminal Procedure Act - The Edition - December 18th, 2024 [December 18th, 2024]
- Doctor accused of abusing Indiana University athletes repeatedly invokes Fifth Amendment in deposition - NBC News - December 16th, 2024 [December 16th, 2024]
- Ex-IU doctor Brad Bomba Sr. invoked Fifth Amendment 45 times in deposition over alleged abuse - The Herald-Times - December 16th, 2024 [December 16th, 2024]
- The Constitution: The Twenty-Fifth Amendment - Houston Public Media - November 28th, 2024 [November 28th, 2024]
- Karen Read accused of weaponizing Fifth Amendment by seeking to delay civil trial - CBS Boston - October 31st, 2024 [October 31st, 2024]
- Mother and grandmother of Willacy County murder victim invoke Fifth Amendment during trial - KRGV - August 20th, 2024 [August 20th, 2024]
- This Is What the Twenty-fifth Amendment Was Designed For - The New Yorker - July 4th, 2024 [July 4th, 2024]
- Young Thug trial: State witness held in contempt, taken into custody - The Atlanta Journal Constitution - June 12th, 2024 [June 12th, 2024]
- That's Not How Pleading The Fifth Works - Above the Law - June 12th, 2024 [June 12th, 2024]
- Why was Lil Woody arrested? Rapper invokes Fifth Amendment against self-incrimination to avoid testifying in Young ... - Sportskeeda - June 12th, 2024 [June 12th, 2024]
- New Ad Taunts Trump: 'Take the Stand, Donald, or Admit You're a Coward' - The New York Times - May 18th, 2024 [May 18th, 2024]
- How Democrats In Arizona Are Damaging The Fifth Amendment - The Daily Wire - May 1st, 2024 [May 1st, 2024]
- Social Media Platforms Have Property Rights Too - Reason - April 16th, 2024 [April 16th, 2024]
- Utah high court rules suspects don't have to provide police with phone passcodes - The Record from Recorded Future News - December 21st, 2023 [December 21st, 2023]
- Utah Supreme Court says accused don't have to share cellphone passwords with police - Salt Lake Tribune - December 21st, 2023 [December 21st, 2023]
- High court must uphold constitutional taking clause to protect ... - The Midwest Center for Investigative Reporting - November 9th, 2023 [November 9th, 2023]
- Jump Crypto chief pled Fifth over alleged backroom Do Kwon deal - Protos - November 9th, 2023 [November 9th, 2023]
- Donald Trump civil trial in Manhattan: Maybe he's not trying to win ... - Slate - November 9th, 2023 [November 9th, 2023]
- Commission weighs whether to discipline Illinois judge who ... - St. Louis Post-Dispatch - November 9th, 2023 [November 9th, 2023]
- Smith Sentenced To Probation In Break-In At Sheriff's Residence - wkdzradio.com - November 9th, 2023 [November 9th, 2023]
- SCOTUS accepts 43 cases this term; 20 scheduled for argument so ... - Ballotpedia News - November 9th, 2023 [November 9th, 2023]
- Movie Review - Anatomy of a Fall | The-m-report | wboc.com - WBOC TV 16 - November 9th, 2023 [November 9th, 2023]
- Another Result Before It Happens: The Trump Civil Case In New York - Above the Law - November 9th, 2023 [November 9th, 2023]
- The inherent American rights involved during and after an arrest - FOX 29 - June 15th, 2023 [June 15th, 2023]
- She was killed walking home. Two men are now on trial for her ... - CBS 6 News Richmond WTVR - June 15th, 2023 [June 15th, 2023]
- Are Abortion Bans Takings? - Reason - June 15th, 2023 [June 15th, 2023]
- Ex-San Francisco Official Offers Alibi for One of Series of Bear-Spray ... - The San Francisco Standard - June 15th, 2023 [June 15th, 2023]
- Road project threatens preserved farmland | News | dailycourier.com - Front Page - June 15th, 2023 [June 15th, 2023]
- Teacher, accused of seven felonies, pleads his case to Grand Island ... - Grand Island Independent - June 15th, 2023 [June 15th, 2023]
- "That is a crime of cinema": After Saving Vin Diesel's Career With an ... - FandomWire - June 15th, 2023 [June 15th, 2023]
- There Is No 'Moving On' From Corruption, by Laura Hollis - Creators Syndicate - June 15th, 2023 [June 15th, 2023]
- Left-wing Democrats Running Roughshod Over Constitutional ... - The New York Sun - June 15th, 2023 [June 15th, 2023]
- Tether SEC Action? USDT Selling Floods Liquidity Pools in Wake of ... - CCN.com - June 15th, 2023 [June 15th, 2023]
- Essential Education: Professor, attorney discuss importance of ... - LA Downtown News Online - June 4th, 2023 [June 4th, 2023]
- Inside The Murder Of Kristin Smart And How Her Killer Was Caught - All That's Interesting - June 4th, 2023 [June 4th, 2023]
- Louisiana's Sabine River Authority Not Entitled To Sovereign Immunity - The Energy Law Blog - May 27th, 2023 [May 27th, 2023]