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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Over the Cliff Notes: Another Trump Indictment, A Motion to Remove, and more

🎶 The devil went down to Georgia he was looking for some votes to steal. He was in a bind cause he was way behind and he was willing to make a deal.🎶 Put on your nerd glasses for this one. We’re diving into the legal documents. (I asked my readers once what I should …

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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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Criminal Law 101: Trump’s J6 Indictment

For this weekend’s blog post, I’ll answer questions about Trump’s third indictment. If you want to start with a summary and analysis of the indictment, see this post. Question #1:  Major outlets are reporting that the allegations against Trump require proof of Trump’s state of mind, specifically, that he knew he lost the election, but …

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The Trump-January-6 Indictment: Over the Cliff Notes

As you’ve no doubt heard, Trump was indicted Tuesday for trying to overturn the results of the 2020 election and remain in power. This is the Big One. The indictment is here. (A word about the title: I asked my readers once what I should call my detailed notes about legal documents and my favorite …

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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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