Rick Hasen’s Live Blog of the Supreme Court’s Oral Argument Over Trump’s Claim of Immunity in the Federal Election Subversion Case (Updates completed)

April 25, 2024, 6:44 amelection subversion risk, Supreme CourtRick Hasen

[This post has been updated.] After a couple of hours of oral argument, it appears that the Supreme Court is unlikely to embrace either Donald Trump’s extreme position—that would seem to give immunity for a president who ordered an assassination… Continue reading

“Grand jury indicts fake electors who falsely certified Donald Trump as 2020 winner in Arizona”

April 24, 2024, 4:41 pmUncategorizedNed Foley

Arizona Republic provides a comprehensive analysis of the indictment: “A grand jury has charged 11 Arizona Republicans and seven others in a scheme to keep Donald Trump in the White House by falsely certifying he won the state in 2020,… Continue reading

Why It Matters Legally Whether We Conceive of the Trump Case as One of “Election Interference”

April 23, 2024, 7:41 amchicaneryRick Hasen

Jed Handelsman Shugerman in NYT oped: About a year ago, when Alvin Bragg, the Manhattan district attorney, indicted former President Donald Trump, I was critical of the case and called it an embarrassment. I thought an array of legal problems… Continue reading

Jed Shugerman on what’s wrong with Bragg’s case against Trump

April 23, 2024, 7:37 amUncategorizedNed Foley

N.Y. Times opinion column explaining the prosecution’s overly expansive conceptive of “election fraud”: “Mr. Bragg has adopted a weak theory of “election interference,” and Justice Juan Merchan described the case, in his summary of it during jury selection, as… Continue reading

“Trump’s Criminal Trial to Begin in Manhattan With Jury Selection”

April 15, 2024, 4:46 amUncategorizedNed Foley

N.Y. Times curtain-raiser. Plus this analysis on its impact for the election. And Ruth Marcus’s fears.

“Why Trump’s ‘hush money’ case is bigger than hush money; The judge indicates that this might be another case of election interference. Could it have affected the outcome?”

April 10, 2024, 7:44 amUncategorizedRick Hasen

Aaron Blake for WaPo: But that last shorthand might not be totally apt, if a Monday letter from the judge in the case is any measure. Indeed, New York Supreme Court Justice Juan Merchan seems to indicate that what we… Continue reading

“‘Unconstitutional’ New York primary write-in rule takes center stage in Second Circuit”

April 5, 2024, 11:01 amUncategorizedRick Hasen

Courthouse News: A provision of New York State’s election law is “an unconstitutional infringement” on residents’ right to vote, according to a local elected official, who pleaded to a Second Circuit panel on Thursday to revive her suit challenging the… Continue reading

My New One at Slate: “2016 Election Fraudster ‘Ricky Vaughn’ Might Finally Be About to Face the Music”

April 1, 2024, 7:16 amcheap speech, chicanery, First Amendment theoryRick Hasen

I have written this piece for Slate. it begins: On Friday, a federal appeals court in New York will consider a case with key implications for the 2024 election. At issue is whether it violates federal law to trick… Continue reading

“From Pizzagate to the 2020 Election: Forcing Liars to Pay or Apologize”

March 31, 2024, 2:18 pmcheap speechRick Hasen

NYT: Michael J. Gottlieb can never remember the exact amount — it’s $148,169,000— that a jury ordered Rudolph W. Giuliani to pay the Georgia election workers Ruby Freeman and Shaye Moss. But Ms. Freeman’s words after the December 2023 victory… Continue reading

“Manhattan Prosecutors Seek 30-Day Delay of Trump Trial”

March 14, 2024, 12:13 pmUncategorizedRick Hasen

NYT: Less than two weeks before Donald J. Trump is set to go on trial for criminal charges in Manhattan, the prosecutors who brought the case asked a judge on Thursday to delay it up to 30 days, a startling… Continue reading

Brennan Center Virtual Event March 20 with Wilfred Codrington and Me: “The Missing Constitutional Right”

March 12, 2024, 10:09 amReal Right to VoteRick Hasen

I’m very much looking forward to this virtual event put on by the Brennan Center on March 20 at 3 pm ET (noon pacific). Free registration required. Details: The right to vote is one of the foundations of… Continue reading

“Arizona investigators issue grand jury subpoenas as state’s 2020 Trump election probe accelerates”

March 7, 2024, 6:57 amelection subversion riskRick Hasen

Politico: Arizona prosecutors in recent weeks issued grand jury subpoenas to multiple people linked to Donald Trump’s 2020 campaign, a sharp acceleration of their criminal investigation into efforts to overturn Joe Biden’s victory in the state. The new steps, first… Continue reading

Balkinization Symposium on My Book, “A Real Right to Vote,” Opens with Michael Waldman’s Expanding Our Constitutional Imagination

March 6, 2024, 7:27 amReal Right to VoteRick Hasen

I’m very grateful to Jack Balkin for hosting a symposium over the next week or so on my new book, A Real Right to Vote. I’m especially honored by the distinguished contributors: Bruce Cain (Stanford), Wilfred Codrington III (Brooklyn), Alex… Continue reading

My New One with Dahlia Lithwick in Slate: “It’s Past Time to Quit Hoping the Courts Are Going to Stop Trump”

March 4, 2024, 1:08 pmUncategorizedRick Hasen

Dahlia Lithwick and I have written this piece for Slate. It begins: The latest decisions out of the Supreme Court, first on when to hear former President Donald Trump’s immunity appeal, then on how to deal with his Colorado ballot… Continue reading

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