“Inside the unusually aggressive Arizona grand jury that indicted Trump’s allies”

May 12, 2024, 7:34 amUncategorizedKunal Dixit and Nicholas Stephanopoulos

The Arizona grand jury that recently indicted 18 people for their roles in former President Donald Trump’s scheme to subvert the 2020 election cast a far wider net than state prosecutors had publicly foreshadowed. The panel of 16 Arizonans displayed… Continue reading

“Are R.F.K. Jr. Signature Gatherers Misleading New Yorkers for Ballot Access?”

May 10, 2024, 7:11 amballot access, chicaneryRick Hasen

NYT: Amy Bernstein, a traffic court judge in Brooklyn, was heading home from work one night in late April when, she said, a young man carrying a clipboard approached her on the subway platform, asking if she would sign a… Continue reading

“Kari Lake’s worst enemy is a Republican falsely accused of stealing the last election, Stephen Richer decided to sue. The lawsuit could bankrupt her.”

May 9, 2024, 5:43 amUncategorizedKunal Dixit and Nicholas Stephanopoulos

Intelligencer: Kari Lake knew exactly who stole the election from her. Two months after the 2022 gubernatorial election was called for her Democratic rival, Katie Hobbs, the self-proclaimed rightful governor of Arizona took to the stage for a rally… Continue reading

“Why an Immunity Ruling in Trump’s Favor Might Not Alter the Shape of His Trial”

April 30, 2024, 7:01 amelection subversion risk, Supreme CourtRick Hasen

Charlie Savage in the NYT: If the Supreme Court rules that Donald J. Trump is immune from being charged with crimes over official actions he took as president, it would be a momentous decision for the future of executive power … Continue reading

Top New York Election Lawyers Cannot Recall Anyone Ever Prosecuted for the NY Election Law Being Used to Try to Turn Trump’s Hush Money Payments into a Felony

April 27, 2024, 7:56 amcampaign finance, chicaneryRick Hasen

Business Insider confirms what I suspected: Now, Manhattan prosecutors now say an old, rarely used section of the state election law is their favorite on the menu of potential underlying crimes. “As the court is aware, falsifying business records in… Continue reading

“Number of Trump Allies Facing Election Interference Charges Keeps Growing”

April 26, 2024, 6:50 amUncategorizedNed Foley

N.Y. Times analysis of the various state-level prosecutions, discussing the extent to which they will deter similar efforts this year: “Republican leaders, however, have been defiant in the face of the prosecutions. “We will not be deterred by this overreach,”… Continue reading

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

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