“Trump jabs at judge in election case, testing warning against ‘inflammatory’ statements”

August 14, 2023, 6:09 amUncategorizedFirst Amendment, January 6Ned Foley

Politico reports. “In a Truth Social post just before 1 a.m., Trump assailed U.S. District Court Judge Tanya Chutkan as ‘highly partisan’ and ‘very biased and unfair,’ citing as evidence a statement she made during the sentencing of a… Continue reading

“Former Tenn. state senator sentenced to 21 months in campaign finance scheme”

August 14, 2023, 5:51 amUncategorizedCampaign financeNed Foley

Washington Post reports: “a federal grand jury indicted Kelsey for conspiracy, alleging that he funneled “soft money” — or funds not subject to federal limitations or reporting regulations — to a federal campaign committee to benefit his congressional bid.”

“Why Alabama’s Congressional Maps May Need to Be Redrawn, Again”

August 14, 2023, 5:30 amUncategorizedredistricting, Voting Rights ActNed Foley

N.Y. Times previews new federal court hearing in the aftermath of the Supreme Court’s ruling that affirmed the invalidation of the previous map under the Voting Rights Act. “In the new map, Republicans chose to increase the percentage of Black… Continue reading

“Man Pleads Guilty to Sending Bomb Threat to Arizona Election Official”

August 14, 2023, 5:24 amUncategorizedThe Big LieNed Foley

This is serious. While this case is one individual, it’s part of a disturbing development: “Threats against election workers and officials increased after former President Donald J. Trump spread the lie that fraud had cost him the 2020 presidential election.”… Continue reading

“Two Months in Georgia: How Trump Tried to Overturn the Vote”

August 14, 2023, 5:16 amUncategorizedJanuary 6, The Big LieNed Foley

While waiting for the Georgia indictment expected this week, the N.Y. Times recaps in detail the events upon which the anticipated charges are based. One detail I hadn’t seen before: “The Raffensperger family was soon barraged with threats, leading his… Continue reading

Wisconsin: “Vos says lawmakers may consider impeachment if Protasiewicz doesn’t recuse from redistricting cases”

August 13, 2023, 6:45 pmconflict of interest laws, judicial elections, redistrictingRick Hasen

Milwaukee Journal-Sentinel: If Wisconsin Supreme Court Justice Janet Protasiewicz does not recuse from lawsuits challenging the state’s legislative boundaries, Republicans who control the state Legislature might consider impeachment proceedings, the Assembly’s top Republican said Friday. Assembly Speaker Robin Vos, a… Continue reading

Will Donald Trump follow the legal advice he gave to Ted Cruz in 2016 on litigation challenges to ballot eligibility?

August 13, 2023, 10:30 amelectoral collegeDerek Muller

Washington Post, January 5, 2016: “Republicans are going to have to ask themselves the question: ‘Do we want a candidate who could be tied up in court for two years?’ That’d be a big problem,” Trump said when asked… Continue reading

“Prof. Michael McConnell, Responding About the Fourteenth Amendment, ‘Insurrection,’ and Trump”

August 13, 2023, 8:14 amUncategorizedJanuary 6Ned Foley

A Volokh Conspiracy post: “Putting together my friends’ broad definitions of ‘insurrection’ and ‘engage,’ and lack of concern about enforcement procedure, I worry that this approach could empower partisans to seek disqualification every time a politician supports or speaks… Continue reading

“Could a Third Party Finally Do It?”

August 13, 2023, 6:49 amUncategorizedpolitical parties, ranked choice votingNed Foley

Gerald Seib in the Wall Street Journal with an extensive analysis on both the recent history and current polarized climate that sets the stage for the prospect that a third-party campaign could roil the 2024 presidential election: “A Pew analysis… Continue reading

“Georgia Is Ground Zero for Trump Exhaustion as Another Indictment Looms”

August 13, 2023, 6:33 amUncategorizedNed Foley

Wall Street Journal analyzes Peach State presidential politics on the premise that it’s a “crucial” state in November 2022 (quoting one campaign operative).

“Georgia prosecutors have messages showing Trump’s team is behind voting system breach”

August 13, 2023, 6:24 amUncategorizedJanuary 6, The Big LieNed Foley

CNN “exclusive” report: “Atlanta-area prosecutors investigating efforts to overturn the 2020 election results in Georgia are in possession of text messages and emails directly connecting members of Donald Trump’s legal team to the early January 2021 voting system… Continue reading

“The strongest part of Trump’s Jan. 6 indictment has its own weaknesses”

August 13, 2023, 6:16 amUncategorizedJanuary 6Ned Foley

Jason Willick in The Washington Post: “Legal scholar (and Post contributing columnist) Edward B. Foley argued last year on the Just Security blog that ‘there are reasons to be wary of prosecuting any claimed electoral votes sent to… Continue reading

“How Trump Benefits From an Indictment Effect”

August 13, 2023, 6:08 amUncategorizedJanuary 6Ned Foley

N.Y. Times analysis: “An adviser to one of Mr. Trump’s rivals, who was not authorized to speak publicly, said Mr. Trump’s legal travails had repeatedly forced his candidate’s campaign to reschedule policy announcements and redo its calendar, describing the… Continue reading

Existential Politics

August 11, 2023, 12:25 pmUncategorizedRichard Pildes

I’ve been saying in recent years, as in this 2017 post here, that our politics has become existential to many on both sides. Existential politics is very different from political polarization. There can be sharp differences between parties when they… Continue reading