New Federal Indictment of 13 Russians from Special Counsel Mueller Says, Among Other Things, That Russians Violated Federal Election Law Through Political Ads

Here’s the indictment, and a few snippets I’ve posted on Twitter: From the indictment (https://t.co/JFEIwHoJL4) pic.twitter.com/S5UAEkP7sF — Rick Hasen (@rickhasen) February 16, 2018 Election-law related charges pic.twitter.com/wnoiq94HIi — Rick Hasen (@rickhasen) February 16, 2018 Yet only some of these ads … Continue reading

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In Response to FEC Complaint by Common Cause, Trump’s Lawyer Michael Cohen Says He Paid $130,000 to Porn Star. Is There a Campaign Finance Violation?

Maggie Haberman for the NYT: Michael D. Cohen, President Trump’s longtime personal lawyer, said on Tuesday that he had paid $130,000 out of his own pocket to a pornographic-film actress who had once claimed to have had an affair with … Continue reading

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Today’s Must Read: “Zombie Campaigns: The campaign is over. The candidate might be dead. But the spending never stops.”

This is something from the Tampa Bay Times: IT’S BEEN MORE THAN A DECADE since South Florida Rep. Mark Foley was forced out of Congress for sending sexual text messages to teenage boys. But Foley tapped his congressional campaign fund to dine on … Continue reading

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“The Coming Storm? Hush Money and the Federal Election Campaign Act”–On Trump at That $130K to Stormy Daniels

Important analysis by Thomas Frampton at the Harvard Law Review blog: In August 2016, federal law enforcement and intelligence officials were alerted to an unsettling possibility: then-candidate Trump’s personal indiscretions might leave him susceptible to the threat of Russian blackmail. We … Continue reading

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Alabama Court Rules, Consistent With My Understanding (but Not the Alabama SOS Understanding) That Court Lacks Jurisdiction to Hear Roy Moore Election Challenge

The judge’s order saying the court has no jurisdiction relies on Alabama Code 17-16-44, which says that courts don’t have jurisdiction to hear election challenges unless expressly provided for by statute.  As I explained on election night, candidates for federal … Continue reading

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Wisconsin’s Election Administrator Michael Haas Responds to Unsupported Charges Made Against Him by Republican Legislative Leaders

Letter begins: I am writing to express my concern regarding public statements each of you have made regarding my work on the staff of the Government Accountability Board (G.A.B.) and as Interim Administrator of the Wisconsin Elections Commission. Specifically, each … Continue reading

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HuffPost on Tom Farr: “Trump Judicial Pick Disputes Allegation That He Lied To Senate About Voter Intimidation Plan”

HuffPost: Sen. Cory Booker (D-N.J.) asked Farr to clarify what he knew about the scheme, and Farr responded on Tuesday, disputing Hebert’s recollection. Farr acknowledged, however, that he participated in a meeting about “ballot security” just before the 1990 election. He said … Continue reading

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“Senators Introduce Bill to Protect Election Systems from Cyberattacks”

Release: Lawmakers in the Senate introduced legislation today that would help states prevent cyberattacks on election infrastructure and enhance confidence in vote totals from electronic voting machines. The bill comes amid ongoing revelations about Russia’s unprecedented attempts to interfere in … Continue reading

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WI: “Attorney General Brad Schimel wants sanctions and contempt proceedings over Gov. Scott Walker John Doe leak”

Milwaukee Journal-Sentinel: State Attorney General Brad Schimel has recommended contempt proceedings for a prosecutor and eight other officials over their handling of material from a secret probe of Gov. Scott Walker’s campaign. In a 91-page report made public Wednesday, the Republican attorney … Continue reading

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Much Russian Activity Meddling in 2016 Elections Likely Didn’t Violate Federal Law, Wouldn’t Be Covered by Proposed “Honest Ads Act,” and May Be Beyond (Conservative Justices’ Views of) Constitution to Limit

I’ve already hinted at some of these things in this Politico piece, but I’ve now fleshed it out in the latest draft of my forthcoming First Amendment Law Review article, Cheap Speech and What It Has Done (to American Democracy). … Continue reading

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