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A Rigorous Defense of Katie Zacharia
America has a new press secretary, and America’s reporters have responded the way they always do: with questions. Where did she pass the bar? Is she a lawyer? Is anything the matter?
Before the mob finishes sharpening its pitchforks, let us examine her position with the care it deserves. When we do, we find it is not merely defensible. It is airtight.
I. The Bar Exam Was Inconsequential
Katie Zacharia took the California bar exam after law school and did not pass it. She has said so plainly, and she has explained why she never retook it: she was moving to China, and the results were inconsequential.
Consider the logic. The bar exam exists to license a person to practice law in an American state. Ms. Zacharia was about to start a new married life in Beijing, thousands of miles from any California courtroom. What possible use is a California license to someone living in China? To sit for the test again would have been a waste of time, money, and a very good plane ticket.
A person who sets aside an exam she does not need has not failed at anything. She has simply declined to be bothered. This is what economists call opportunity cost and what the rest of us call good judgment. Happy newlyweds with a one-way ticket to Beijing do not spend their summers on practice essays about the rule against perpetuities, and we should not ask them to. Anyone who has been that happy, that busy, and that overwhelmed with joy knows the bar exam can wait.
II. “Lawyer” Is a Word, Not a License
The critics’ favorite trick is to confuse three words that mean entirely different things. An attorney is licensed to practice. An esquire is a courtesy title. A lawyer is simply a person who has studied law.
Ms. Zacharia understood this distinction better than her critics do. Before using the word publicly, she asked many people, for a very long time, whether she could call herself a lawyer, but not an attorney and not an esquire. She consulted her law school’s president, and the answer, across the board, was absolutely. She holds a Juris Doctor and worked in international transactional law. “Lawyer” describes her education and experience accurately.
She is equally disciplined about what she offers. She provides legal analysis, never legal advice. Anyone who has watched cable news knows the difference. Analysis tells you what the law probably means. Advice tells you what to do about it. A commentator who dispensed advice would need a license. A commentator who dispenses analysis needs only a microphone and a confident tone, and Ms. Zacharia has both.
If a post using the word “attorney” occasionally appeared beside her name, or a title like “general counsel” was attached to her, that is simply how the internet works. A professional cannot be held responsible for every headline that happens to flatter her, even if she wrote it herself.
III. The Helicopter Explains Everything
Skeptics make much of the moment the president turned and asked where she passed the bar. “When I moved to China,” she said. Some have called this a non-answer. It was a perfectly good answer to the question she heard, and she has explained why.
Marine One was warming up. Helicopters are loud. She heard something like “where were you after law school?” and answered that question, correctly. Anyone who has tried to hold a conversation next to a helicopter knows that mishearing a question is not a character flaw. It is physics.
It is also worth noting how little this moment says about her. It was one sentence, spoken in her first hour on the job, in the middle of a noisy departure. If every one of us were judged by the single worst-timed sentence of our week, we would all be in the press briefing room, being asked follow-up questions.
IV. The Conspiracy Cranks
Which brings us to the wackos. They say a Beijing law firm on a resume is suspicious. They say a White House that responds to a plain question with a statement about “all the appropriate credentials” is hiding something. They point to a watchdog complaint, a Wall Street Journal report, and a collection of social media posts, and they call it a pattern.
It is not a pattern. It is a coincidence repeated several times. Every fact, taken separately, has an innocent explanation: she was happy, she was busy, she asked around, she misheard, the internet did it. When enough innocent explanations accumulate, a reasonable person concludes that there are simply a lot of innocent things going on, not one guilty one. Only a conspiracy theorist sees a connection.
And what, exactly, are these people accusing her of? Having a law degree? Working abroad? Choosing her words with care? These are the hallmarks of a serious professional, and it is a sad commentary on our politics that they are now treated as red flags.
Conclusion
Weigh the case honestly, and one conclusion stands above the rest. Katie Zacharia is a woman of analysis, not advice. She analyzed the bar exam and concluded it was inconsequential. She analyzed the word “attorney” and concluded it was a bridge too far. She analyzed a helicopter and concluded it had done the talking.
Never once did she advise anyone to believe a word of it, and that is the mark of a true professional.
Let the cranks demand answers, for answers are advice, and advice requires a license. What Ms. Zacharia offers instead is something rarer: an assessment of the situation, delivered with total confidence and no obligation to be right. Analysis only, as she’s always said.
I rest my case, and should the court find any part of it unpersuasive, please understand that it was never legal advice.