I think it's safe to say that if we have a Democratic president, Prof. Lederman's views on executive power will be much closer to Bart DePalma's. Of course, Mr. DePalma's views may also change. Sort of like Good Bear and Bad Bear, for those who remember that poem.
"Glenn Greenwald agrees, and I do, too"
there is no way to definitively prove that Miers would have been bad