NYT: Former President Donald J. Trump appeared in federal court in Washington on Thursday for the first time to face charges that he conspired to remain in office despite his 2020 election loss, pleading not guilty at a hearing conducted… Continue reading

Orin Kerr: The indictment focuses mostly on what Trump was told, and the overall implausibility of him thinking he had won.  But I wonder if Smith might have more direct evidence than the indictment lets on. In particular, there have… Continue reading

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According to the filing: Defendant Giuliani had now stipulated to: All elements of Plaintiffs’ defamation and defamation per se claims,including that he published his statements with actual malice; All elements of Plaintiffs intentional infliction of emotional distress claim,including that… Continue reading

AP: Former President Donald Trump is facing accusations that he and aides asked a staffer to delete camera footage at his Florida estate in an effort to obstruct the classified documents investigations. The allegations were made Thursday in an… Continue reading

CBS News, on a civil rights complaint with some pretty shocking allegations: Patrick Braxton, 57, is one of several plaintiffs named in Braxton et al v. Stokes et al. The other plaintiffs — James Ballard, Barbara Patrick, Janice Quarles… Continue reading

From AP, more on the AP-NORC poll: “Only about 1 in 10 U.S. adults give high ratings to the way democracy is working in the United States or how well it represents the interests of most Americans…. The… Continue reading

WSJ: “Donald Trump’s criminal trial over his handling of classified documents after he left office should begin in December, Special Counsel Jack Smith said in a court filing Thursday, rejecting the former president’s arguments that the proceedings… Continue reading

CBS News: “Proceeding to trial during the pendency of a Presidential election cycle wherein opposing candidates are effectively (if not literally) directly adverse to one another in this action will create extraordinary challenges,” the former president and current Republican… Continue reading

Sam Issacharoff has this post on Just Security, identifying four factors that should be considered in making this momentous decision. Here’s the conclusion: Ultimately, for democracy’s sake, the prosecution of a former president relies on prevailing in the court of… Continue reading