Tag Archives: January 6

“Forget the Trump trials. He might already be ineligible for 2024.”

August 15, 2023, 11:02 amUncategorizedJanuary 6, Section 3, The Big LieNed Foley

That’s the new headline the Post is currently using for my column published this morning. I like this headline because I do think the main focus, at least for election law purposes, should be on the issue of Trump’s status… Continue reading

“The First Amendment Is No Defense for Trump’s Alleged Crimes”

August 15, 2023, 10:26 amUncategorizedJanuary 6, The Big LieNed Foley

Alan Rozenshtein in The Atlantic: “Some have criticized the indictment for taking a position on the predicate to all of Trump’s actions—whether the 2020 election was stolen—and concluding that Trump in fact lost, fair and square. But far from… Continue reading

“One state can make the Supreme Court decide if Trump can be president”

August 15, 2023, 5:13 amUncategorizedJanuary 6, Section 3Ned Foley

My opinion column in the Washington Post, which addresses potential litigation over Trump’s disqualification under section 3 of the Fourteenth Amendment, especially in light of the new Baude-Paulsen law review article; some excerpts: “None of the criminal prosecutions of… Continue reading

Wall Street Journal’s Useful Scorecard of Charges

August 15, 2023, 5:00 amUncategorizedJanuary 6, The Big LieNed Foley

Lists number of charges against each defendant. Trump and Giuliani: 13. Eastman: 9. Meadows: 2. Chesebro: 7. Clark & Ellis: 2. Powell: 7. Etc., Etc.

Norm Eisen on the Georgia indictment

August 15, 2023, 4:53 amUncategorizedJanuary 6, The Big LieNed Foley

Co-authored with Amy Lee Copeland in the N.Y. Times,, a useful comparison to Jack Smith’s federal indictment of Trump: “The large cast of defendants populates a complete conspiracy chain of command and features the famous (Mr. Trump, his chief… Continue reading

Peter Baker on the Georgia indictment of Trump

August 15, 2023, 4:41 amUncategorizedJanuary 6, The Big LieNed Foley

Peter Baker’s analysis in the N.Y. Times. “The Georgia indictment, powerful as it is in its language, has been priced into the market, as the Wall Street types would put it. … “’The accumulated indictments are kind of a white… Continue reading

The Georgia Indictments

August 14, 2023, 6:10 pmUncategorizedJanuary 6, The Big LieNed Foley

CNN is reporting that there are ten indictments. Details to follow (in one or more subsequent posts as information becomes available). (Update from Rick H.: At 11 pm eastern, we got the 98 page indictment. More to come.) (Second update… Continue reading

“Former Republican legal officials endorse special counsel’s speedy trial date proposal in Trump Jan. 6 case”

August 14, 2023, 1:44 pmUncategorizedJanuary 6, The Big LieNed Foley

CNN reports on amicus brief filed by eleven prominent former Republican judges and government officials, including Judge Michael Luttig and Attorney General Alberto Gonzales.

“Georgia court website briefly publishes, removes document about potential Trump charges”

August 14, 2023, 10:54 amUncategorizedJanuary 6, The Big LieNed Foley

Reuters. A premature preview of what’s to come? Reuters notes that the DA’s office says no charges have been filed (yet).

“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

“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

“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

“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