Politics

The Last-Minute Violent Coup Exception

You can read my latest piece for The Washington Post on their website, or I’ve cut and pasted it here: Suppose an incumbent president up for another term decides not to honor the result of the election. Suppose he tries every means available to keep himself in office: He pressures local officials to “find” votes, he files dozens …

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More Fun with Defamation Law: Dominion, Rudy Giuliani, and Sidney Powell

On Saturday, I did an explainer of the Smartmatic lawsuit against Fox and other defendants. Today I’ll look at the Dominion suits against Rudy Giuliani and Sidney Powell Dominion’s complaint against Giuliani is here. The claim is similar to the Smartmatic complaint, which is no surprise since the facts are the same. Dominion asserts that …

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Fun with Defamation Law: Smartmatic

I conclude my forthcoming book on Disinformation (to be published by Macmillan, I don’t know exactly when) with a chapter on ways to help slow the spread of disinformation. One suggestion is defamation lawsuits. The example I used was when the Sandy Hook parents successfully sued Alex Jones over his theories that the parents were …

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Trump Impeachment Brief

I offered an Over the Cliff Notes to the House Manager’s brief here. I’ve been waiting for the Trump legal team to respond. They filed one brief, in response to the Articles of Impeachment. It’s here. It appears that that brief may be the only pre-trial brief they file, so I’ll do a close reading. …

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The Republican Civil War

Dear Readers: I wrote this a few days ago, but my email notifications wasn’t working properly. Apologies. 💠 Interesting question: Time to get philosophical. The place to start, I think is how political psychologists define conservatism. True conservatives, according to NYU Professor Jonathan Haidt, conservatives form a kind of yin-yang balance with liberals: Liberals embrace …

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The Constitution in General and the Pardon Power in Particular

The New York Times reports that we can expect a wave of pardons from Trump tomorrow, the last day of his presidency. Not surprisingly, pardons are on everyone’s mind. Here is the best answer I know: No, the pardons can’t be overturned Corrupt pardons can be prosecuted as a separate crime Trump can’t pardon himself, …

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Impeached. What’s Next?

Trump now has more impeachments than any other president. Way more than Obama. He has the greatest and most tremendous impeachments. He is the impeachment winner. Okay, I’ll get serious. What’s next is a trial. You may have heard that McConnell says no trial until after January 20. Here’s my thoughts about that. If McConnell …

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Over the Cliff Notes, Take Two

Here we go. Over the Cliff Notes (name suggested last year by a clever follower on Twitter.) The charge: Incitement of Insurrection. Spoiler: This is a slam-dunk in the impeach-and-convict department, and will create a moment of truth for the GOP. What I mean by “slam dunk” and “moment of truth” is that when the …

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