Politics

Disillusioned with Democracy, a Change in my Blogging Schedule (and more)

A Change in my Blogging Schedule I signed a contract to write a book about the Bill of Rights for my favorite publisher (Abrams). It’s called Getting the Bill of Rights Right and it’s for young readers, basically ninth-grade level. Want to see how the proposal opens? Here you go: The Bill of Rights—which includes …

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Listening to the Lawyers: Evaluating Legal Opinions and Distinguishing Legal Opinions from Legal Facts

Teri, what do you think of Mark Meadow’s potential perjury exposure after being caught lying in cross-examination? After a number of people asked me this, I started poking around to see where the question was coming from. I learned that a former prosecutor who often appears on TV posted this: “Meadows’ perjury in the removal hearing …

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Finger Pointers and True Believers

If you’re having trouble keeping track of the details in all the criminal prosecutions of Donald J. Trump, you are not alone. Now that we are in the stage of pre-trial motions, we may need scorecards or bingo cards. Fortunately, criminal procedure is utterly fascinating. 🤓 First, a quick review of this week’s happenings in …

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Trump’s Criminal Prosecutions, his Social Media Posts, and the Importance of Staying Off Ledges

(I posted portions of this on Tuesday, August 9) In 2021 and 2022, I worried that the “Indict Trump Now” people had an unrealistic sense of what a criminal trial is actually like. For example, this person told me: So about a year ago, I wrote this: The “indict him right now!” chants are premised …

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Superseding Indictment: The Boss (Trump) Told His Staff to Destroy Evidence (Over the Cliff Notes)

On Thursday, the DOJ filed a superseding indictment against Trump and a new co-conspirator listing multiple new charges including Conspiracy to Obstruct Justice by “attempting to delete security camera footage from The Mar-a-Lago Club to conceal the footage from the FBI and grand jury.” (I asked readers once what I should call my breakdown and …

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Trump’s 2024 Trial Schedule: It’s Time To Learn To Love Procedure and the Nuance of Law

As I’m sure you’ve heard by now, DOJ prosecutors have given Trump a letter telling him he is the target of the criminal investigation into the attempts to overturn the 2020 presidential election. (Trump’s lawyers confirmed this in court.) Trump also said he had a deadline (which has now passed) if he wanted to talk …

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The Struggle for Control of American Media: Missouri v. Biden

Missouri v. Biden (the case seeking to limit the Biden administration’s contacts with social media platforms) is, at heart, a dispute about content moderation on social media. It’s also about whether right-wing conspiracy theories about Covid, vaccines, and the election should be allowed to spread unchecked and unchallenged. It also embraces the libertarian (and anarchist) …

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