Supreme Court, on 5-4 Vote, Will Not Stop Sentencing of Donald Trump Tomorrow (on Charges for Which the Judge Will Not Impose Jail Time)

January 9, 2025, 4:37 pmSupreme CourtRick Hasen

Here is the order in full: 24A666 TRUMP, DONALD J. V. NEW YORK, ET AL. The application for stay presented to Justice Sotomayor and by her referred to the Court is denied for, inter alia, the following reasons. First, the… Continue reading

“TikTok Case Before Supreme Court Pits National Security Against Free Speech”

January 9, 2025, 4:10 pmcheap speech, First Amendment theory, Supreme CourtRick Hasen

NYT: When the Supreme Court hears arguments on Friday over whether protecting national security requires TikTok to be sold or closed, the justices will be working in the shadow of three First Amendment precedents, all influenced by the climate of… Continue reading

“Lessons from the 2024 elections for election reformers”

January 9, 2025, 4:02 pmUncategorizedRick Hasen

Alan Durning at Democracy SOS.

“History, Tradition, and Voter Registration”

January 9, 2025, 4:01 pmvoter registrationRick Hasen

Josh Douglas has posted this draft on SSRN (forthcoming, Wisconsin Law Review). Here is the abstract: History and tradition are dominating the current Supreme Court, which has invoked history and tradition to curtail some rights, such as abortion, while using… Continue reading

Bob Bauer: “Trump is Poised to Turn the DOJ into His Personal Law Firm”

January 9, 2025, 3:57 pmconflict of interest laws, Department of JusticeRick Hasen

Bob Bauer in The Atlantic: No president has ever attempted to do what Donald Trump now proposes to do—assemble a small team of former personal attorneys and install it at the highest levels of the Department of Justice. The president-elect… Continue reading

“Trump Asks Supreme Court to Halt His Sentencing in N.Y. Criminal Case”

January 8, 2025, 12:27 pmUncategorizedRick Hasen

NYT: Days away from his criminal sentencing in New York, President-elect Donald J. Trump is seeking a late-stage rescue from the U.S. Supreme Court that would shut down the case before he returns to the White House. In an emergency … Continue reading

Justice Dept. to Hold Off Releasing Report on Trump Documents Case; But in a court filing, the department indicated that it would release a separate report about Donald J. Trump’s efforts to overturn the 2020 election as soon as possible.”

January 8, 2025, 12:24 pmUncategorizedRick Hasen

NYT: Federal prosecutors said on Wednesday that they planned to hold off on releasing a portion of a report by the special counsel, Jack Smith, detailing his investigation into President-elect Donald J. Trump’s refusal to give back a trove of… Continue reading

“Trump’s Lawyers Have Assailed Jack Smith. They Could Soon Have Power to Go After Him.”

January 8, 2025, 12:21 pmDepartment of JusticeRick Hasen

NYT: In many ways, the letter that President-elect Donald J. Trump’s criminal defense lawyers sent to the Justice Department this week was a display of legal and political bombast. The lawyers, Todd Blanche and Emil Bove, sought in it to … Continue reading

“Judge Cannon Blocks Release of Special Counsel’s Final Report on Trump Documents Investigation”

January 7, 2025, 11:09 amUncategorizedRick Hasen

NYT: The federal judge who handled President-elect Donald J. Trump’s classified documents case temporarily barred the special counsel, Jack Smith, on Tuesday from releasing his final report on the investigation to the public. In a brief ruling, Judge Aileen M.… Continue reading

“NC Supreme Court blocks state from certifying Riggs as the winner in high court election”

January 7, 2025, 11:05 amjudicial elections, recountsRick Hasen

News & Observer: The North Carolina Supreme Court issued an order on Tuesday blocking the state from certifying a winner in the race for a seat on the high court. Granting the request of Republican Jefferson Griffin, who trails… Continue reading

“Meta is ending its fact-checking program in favor of a ‘community notes’ system similar to X”

January 7, 2025, 7:35 amcheap speechRick Hasen

NBC News: Meta CEO Mark Zuckerberg announced a series of major changes to the company’s moderation policies and practices Tuesday, citing a shifting political and social landscape and a desire to embrace free speech. Zuckerberg said that Meta will end… Continue reading

“Federal judge sends Republican challenge of 60,000 ballots back to NC Supreme Court”

January 7, 2025, 7:29 amjudicial electionsRick Hasen

News & Observer: In a case that seeks to invalidate over 60,000 ballots cast in North Carolina’s Supreme Court election, a federal judge ruled that the state’s Republican-dominated high court should decide, instead of him. On Monday, U.S. District… Continue reading

“Trump urges Garland to block release of Jack Smith’s final report”

January 7, 2025, 7:27 amchicanery, election subversion riskRick Hasen

Politico: Donald Trump and two of his allies are making a last-minute push to block special counsel Jack Smith from issuing his final report on his two dismissed criminal cases against the president-elect. Trump’s lawyers wrote to Attorney General Merrick… Continue reading