[EScott11]

>As to Warren's letter, she has spent her entire career in academics and has never worked as a lawyer. She does not know the amount of resources required to participate in a lawsuit and trial.

The fact that she has spent her entire career in academics does not mean she is unaware of the costs and benefits of going to trial. But, even if your invalid premise was correct, that's the entire point of the letter. She is asking for an analysis of the costs and benefits of going to trial.

> As lawyers, we are constantly encouraged to settle cases to resolve issues rather than spend the time and expense going to trial. We should not be encouraging the government to sue people and take them to trial when they are willing to settle.

This blanket statement is ridiculous. We're talking about stakes that are higher than you (or anyone) can count. If banks do not have the proper incentives they could easily wreak havoc on the world economy. A few billion dollar settlement does not provide the proper incentives for organizations worth 100s of billions of dollars.

>To take a case to a show trial in order to make an public example of the defendant is bad policy more fitting of a dictatorship.

Warren is a member of the legislative branch not the executive branch, which balances the power of the executive branch. Moreover, she is not trying to subvert any sort of due process. She is merely asking questions. This is contrary to the very nature of a dictatorship.