I. The Lawsuit (This section was written Saturday, September 17. For the stuff that happened since yesterday, skip to Section II: The Backfire) To recap, two weeks after the FBI executed a search on Mar-a-Lago, Trump filed a lawsuit demanding a special master to review the seized documents. He put forward the outlandish claim that

Last week I wrote about Trump’s lawsuit requesting a special master to screen the Mar-a-Lago documents. To recap, his lawsuit was based on the outlandish claim that he had the right to possess the documents, a mindboggling claim given that most of the documents seized by the FBI were government documents, which, by law, must

TV and Internet lawyers often qualify the word “consequences” with words like “actual” or “real” or “meaningful,” like this: “Trump has never suffered any actual consequences” or the common corollary, “Trump keeps breaking laws because the legal system is corrupt or failing” are what I call a “rage-inducing simplification.” Rage-inducing simplifications take a complex situation

Trump’s stealing, mishandling, and concealing of United States defense secrets is on the Republican Party for refusing to remove Donald Trump from office when it was clear he was not fit to be president. They had the chance to remove him (twice) but instead shielded him. This is on them. New Information about the Search

Timeline [My commentary in red] Overview: The government is conducting a criminal investigation concerning the improper removal and storage of classified information in unauthorized spaces, as well as the unlawful concealment or removal of government records. We know from the Search Warrant that the following crimes are being investigated: 18 USC 2071 — Concealment, removal

Last weekend I had an entirely different topic planned for this week. Then, we had perhaps the weirdest week in American presidential history. Let’s start with a chronology. Trump, through a series of bizarre actions, makes public that he is under investigation for violating the Espionage Act August 8, Monday: The FBI, pursuant to a warrant,

Political psychologists started studying the authoritarian personality after World War II to try to understand the rise of fascism in the 1930s. The authoritarian personality describes the followers (the rows of people dressed alike raising their hands in salute), not the demagogic leader, who may or may not have an authoritarian personality. (Some authoritarian leaders

The following sections are excerpts from this book: Contraceptives were largely illegal in the colonies. After the United States was formed, most states enacted laws prohibiting the advertising, sale, and distribution of contraceptives. As a practical matter, while there were a large number of convictions under the anti-contraceptive laws, contraceptives and information about birth control

It’s much easier to prove something in the televised congressional hearings and the media because much of the evidence presented there would not be admissible in a criminal court. The heightened standards in criminal court are because more is at stake. In a criminal trial, a defendant stands to lose constitutional rights such as liberty,

Before the January 6 Committee Congressional hearing, I appeared on NBCLX news. You can see the clip here. Here is an edited-down version of the transcript. Q: “Let’s set the backstory here. Is this committee just kind of fact-finding, or is it supposed to find and announce things that could lead to criminal charges? Congress

This is a long one, so grab a cup of ☕️ and make yourself comfortable. On Dec. 21, 2012 – one week after Adam Lanza shot and killed 26 people at Sandy Hook Elementary School in Newtown, Connecticut – National Rifle Association Executive Vice President Wayne LaPierre announced during a press conference that “the only way to stop

People are constantly telling me some version of, “I wish I had your faith in Merrick Garland. I sure hope your faith is rewarded.” Others tell me some form of, “I wish I had your faith that the system is working as it should.” First, I’ll talk about “faith” versus “confidence in democratic institutions.” Then

First, some history for perspective. (Stick with me. I promise this will be worth it). Nineteenth-century American society was a patriarchy: a social hierarchy with White men at the top and Black women at the bottom. Laws reflect cultural values. As the culture changes, laws change. Laws in the 19th century reinforced the patriarchy. Example: A

I first posted this on March 13, 2022, and then revised it through May. The updated version is here. Contents: What Merrick Garland and DOJ Officials Say Is Happening What We Know from Public Reporting is Happening Media’s Love Affair with Former Prosecutors Frequently Asked Questions Nobody can Guarantee a Particular Outcome Rule of Law