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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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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The Washington Post “Bombshell” about Merrick Garland

You can read The Washington Post article free through my subscription by clicking here. The sources for the piece are DOJ insiders who disagree with Garland’s approach. The article, therefore, is slanted in favor of their view. What we learn is this: There are DOJ insiders who disagree with Merrick Garland’s approach, and FBI agents who “resisted” opening

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Trump’s Second Indictment, Part III: Trump Confessed. Now let’s bust a few myths.

Part I: Trump’s Second Indictment (Over the Cliff Notes) is here. Part II: Trump has been indicted on federal criminal charges and his case was assigned to Aileen Cannon. Now what? is here. Welcome to Part III. *  *  * After Trump’s arraignment, he gave a speech in which he said, “Under the Presidential Records

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Trump has been indicted on federal criminal charges and his case was assigned to Aileen Cannon. Now what?

No surprise, this weekend, Trump vowed to stay in the race, even if convicted. “I’ll never leave,” he told Politico. I have said that Trump’s political needs are at odds with his needs as a criminal defendant: Trump can either behave like a normal defendant or he can try to be a right-wing hero and

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