James Pindell of The Boston Globe predicts that Harvard University has a better hand than Trump in their epic confrontation. Harvard, like Trump, can employ the tactics of delay, delay, appeal, delay, appeal, which Trump used to avoid accountability for provoking an insurrection and trying to overturn the election that he lost. Despite plentiful evidence of the greatest crime against our in our history, Trump used delay-and-appeal to evade punishment.
Furthermore, Harvard has its pick of the best lawyers in the nation. And it has the funding to bear the burden of prolonged litigation.
He writes:
Harvard University is unrivaled when it comes to securing smart, high-powered legal advice, often from people who have the institution’s long-term interests at heart. Four of the nine current US Supreme Court justices are Harvard alumni. Retired Justice Stephen Breyer still maintains an office at the law school. And with a $53 billion endowment, Harvard can afford to hire virtually any white-shoe law firm it chooses.
But as Harvard formally resisted the Trump administration’s latest round of demands this week — unprecedented even by the administration’s own standards — it seemed, ironically, that the university might be borrowing a legal strategy from President Trump himself.
Step one: Deny any wrongdoing. Step two: Assemble a team of elite lawyers to challenge every question, motion, and investigation at length. Step three: Stall, delay, and wait it out.
This is a playbook Trump has used for decades. Most recently, it served as the foundation of his legal strategy in three criminal trials during his post-presidency. In each case, he managed to use procedural maneuvers and aggressive delay tactics to his advantage.
Sure, Trump’s ability to dodge accountability is often described as uniquely his own. But in this case, Harvard may actually hold the better cards, at least in terms of timing and institutional resilience.
In just 600 days, Democrats could reclaim the majority in the US House of Representatives. In four years, Trump will no longer be president. (Speculation about a third term is a separate column.) Harvard, by contrast, was founded 389 years ago. Those entrusted with its future are planning for it to exist at least another 400. From that perspective, Trump’s second term is a blip.
The Trump administration first went after Harvard two weeks ago, with what at the time was largely about antisemitism on campus following the Oct. 7 Hamas attack on Israel. But on Friday night, the Trump administration sent Harvard a second letter, escalating its pressure campaign. Unlike the first letter, which focused on claims of rampant antisemitism on campus and threatened a loss of federal research funding, this second demand went much further. The administration insisted that Harvard overhaul its hiring and admissions practices, abandon academic independence in curricular matters, and adopt some vague form of ideological “balance” — as defined by the administration now and in the future.
And in another move right out of Trump’s own playbook, Harvard isn’t just preparing for court — it’s leveraging the standoff as a public relations opportunity.
Columbia University, facing immense internal and external pressure, saw two university presidents resign in two years and ultimately made concessions. Harvard, too, had a president resign under pressure from conservatives in the wake of the Israel-Hamas war. But this week, by contrast, the school is being praised within academic circles for standing its ground. It is positioning itself as a standard-bearer for academic freedom and likely sees this moment as one that could define its leadership and credibility among peers.
But in the long term, Harvard uniquely may have the resources and the legal muscle to delay without conceding a single point, at least until there is a new US president. It also has the financial cushion to cover essential programs it deems vital to its mission. This, for Harvard, is what a rainy day looks like — and it has a very large umbrella.
The Trump administration apparently realized belatedly that they went too far in the demands they made in threatening Harvard. The New York Times reported that the letter demanding control of the curriculum, of admissions, and of “ideological diversity” among the faculty and students was sent in error and did not have the appropriate vetting.