“The Jolt: Fulton DA Fani Willis ‘ready’ after feds indict Trump”
The latest on a possible Trump state indictment in Georgia.
Historic
Enjoyed Speaking to Adam Conover on His Factually! Podcast About Voting Rights in the United States
Listen or watch here:
And Adam has a link to pre-order my book, A Real Right to Vote, at a discount.
“How Can Jack Smith Prove That Trump Knew He Lost the Election?”
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
“Prosecutors Took Cautious Path in Connecting Trump to Jan. 6 Violence”
NYT:
There was something noticeably absent when the special counsel, Jack Smith, unsealed an indictment this week charging former President Donald J. Trump with multiple conspiracies to overturn the 2020 election: any count that directly accused Mr. Trump of being… Continue reading
On CNN, I Just Talked About What It Means that Bill Barr, Who Has Deeply Criticized Trump’s Post-2020 Conduct, Says He May Still Vote for Trump in 2024
Watch the video here:
Lawyers for Ruby Freeman and Wandrea Moss: Rudy Giuliani Has Not Contested Civil Conspiracy Charge with Donald Trump and Others to Defame Them Regarding False Claims of 2020 Election Fraud in Georgia [Corrected headline]
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
I Spoke with A Martinez of NPR’s Morning Edition, CNN’s Kaitlin Collins, and MSNBC’s Chris Hayes About What the Trump Election Subversion Indictment Means for American Democracy
NPR: NPR’s A Martinez talks to UCLA election law expert Rick Hasen of the Safeguarding Democracy Project, who calls U.S. v. Donald Trump “the most important case in our nation’s history.”
CNN: Watch here at the 36 minute mark… Continue reading
ELB Book Corner: Sam Issacharoff: “Faith in Democracy”
I am pleased to welcome Sam Issacharoff to ELB Book Corner, author of the new book, Democracy Unmoored. Here’s the final of four posts:
According to most recent OECD survey data, in only 16 countries did more than… Continue reading
“Direct Democracy Backsliding? Quantifying the Prevalence and Investigating Causes 1960-2022”
John Matsusaka has posted this draft on SSRN. Here is the abstract:
Direct democracy backsliding occurs when a state alters its laws to hinder the use of initiatives and referendums. This study quantifies the prevalence of direct democracy backsliding over… Continue reading
“Lawsuit challenging Wisconsin’s legislative maps filed at the state Supreme Court”
Milwaukee Journal-Sentinel:
A lawsuit aimed at rewriting Wisconsin’s legislative maps to favor Republicans less was filed Wednesday at the state Supreme Court, a day after the state’s highest court flipped to liberal control for the first time in years.… Continue reading
“Trump Election Charges Set Up Clash of Lies Versus Free Speech”
NYT:
Already, Mr. Trump’s lawyers and allies are setting out the early stages of a legal strategy to counter the accusations, saying that Mr. Trump’s First Amendment rights are under attack. They say Mr. Trump had every right to… Continue reading
Torres-Spelliscy: “Why Trump’s First Amendment Defense is Likely to Fail: SCOTUS Won’t Buy It.”
The following is a guest post from Ciara Torres-Spelliscy:
Donald Trump may wish to invoke the First Amendment to unravel the Special Counsel’s case against him related to January 6th. It won’t work. Here’s the short explanation of why… Continue reading
“Trump’s defense team casts Jan. 6 indictment as an attack on free speech”
Washington Times:
University of California, Berkeley law professor John Yoo said free speech isn’t an all-encompassing right and some speech is criminal.
“As a historical matter, this is the most important criminal prosecution that has ever been brought by the… Continue reading