Fascinating oped from Stephen Weissman: Attorney General Merrick Garland’s appointment of Jack Smith as special counsel to oversee two federal criminal investigations involving former President Donald Trump was praised by some of Smith’s former Justice Department colleagues, who highlighted his… Continue reading

New from CPA.

AP: Ohioans would be required to present photo ID at the voting booth and have fewer days to apply for absentee ballots or to vote early in person under a significantly rewritten bill that sped through committee and floor votes… Continue reading

Details.

WaPo: For others in Washington, the FTX founder’s arrest carried immediate political implications, since federal officials coupled their fraud charges against Bankman-Fried with allegations he conspired to commit multiple violations of campaign finance laws involving donations in the “tens of… Continue reading

Politico: The upcoming massive year-end spending package will include a revamp of an obscure law that Donald Trump tried to exploit to overturn the results of the 2020 election, Chuck Schumer announced Tuesday. The Senate majority leader also said anticipated additional Ukraine… Continue reading

Nate Cohn for the NYT: Here’s a figure about the 2022 midterm elections that might surprise you: Republicans won the national House popular vote by three percentage points — 51 percent to 48 percent. They still won by two points… Continue reading

WaPo: Special counsel Jack Smith has sent a grand jury subpoena to Georgia Secretary of State Brad Raffensperger, bringing to five the number of 2020 battleground states where state or local election officials are known to have received such requests… Continue reading

CNN reports.

Politico: A pair of progressive organizations operating in complete secrecy spearheaded a $32 million campaign during the midterms to push back against former President Donald Trump’s “Stop the Steal” movement. The effort, first reported by POLITICO, was undertaken by two… Continue reading

I’m back in the saddle, gearing up for what’s next.

Both before and during the argument in Moore v. Harper, I wrote about the possibility that the Court might think about extending the approach in the CJ Rehnquist’s Bush v. Gore concurrence – which was about state court statutory interpretation… Continue reading

Listen.

Here are some things that struck me listening to the argument today.1) What will the RKB triumvirate do? As Rick Hasen noted in his post, the question is which way will Roberts, Kavanaugh, and Barrett go. My guess is… Continue reading