“Trump Pardons Giuliani and Others Involved in Effort to Overturn 2020 Election”

NYT:

President Trump has granted pardons to his former lawyer Rudolph W. Giuliani and a wide array of other people accused of trying to overturn the results of the 2020 presidential election, according to the Justice Department’s pardon attorney.

The pardon attorney, Ed Martin, a lawyer who has long supported the rioters who were themselves granted clemency by Mr. Trump for attacking the Capitol on Jan. 6, 2021, posted a copy of the pardon proclamation on social media early Monday morning with a list of those who were covered by it.

Aside from Mr. Giuliani, the list included John Eastman, a conservative lawyer who advised Mr. Trump’s 2020 campaign; Mark Meadows, the former White House chief of staff; Boris Epshteyn, a top presidential adviser; and Sidney Powell, another lawyer who led one of the most far-fetched efforts to use the courts to reverse Mr. Trump’s electoral defeat.

The pardons, which only apply to federal crimes, are primarily symbolic. None of those named on the list are currently facing federal charges, and the pardons cannot shield them from continuing state-level prosecutions.

Even though the pardons will have little practical effect, they stand as a reminder that Mr. Trump has often used his expansive powers to reward and protect his allies, even as his Justice Department has shattered traditional norms of independence from the White House by following his orders to pursue criminal cases against those he perceives to be his enemies….

Screenshots of the names. Trump excluded himself.

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“Federal Judge, Warning of ‘Existential Threat’ to Democracy, Resigns”

NYT:

A federal judge warned of an “existential threat to democracy” in a searing first-person essay published on Sunday, saying he had stepped down from the bench to speak out against President Trump. He accused Mr. Trump of “using the law for partisan purposes, targeting his adversaries while sparing his friends and donors from investigation, prosecution, and possible punishment.”

The judge, Mark L. Wolf, wrote in The Atlantic magazine that Mr. Trump’s actions were “contrary to everything that I have stood for in my more than 50 years in the Department of Justice and on the bench.”

The publication of the essay by Judge Wolf, 78, came two days after an announcement by the Federal District Court for Massachusetts that he was leaving his post as a senior-status judge.

An appointee of President Ronald Reagan who also served in the Justice Department during the Ford administration, Judge Wolf offered one of the most explicit expressions of concern for the rule of law to come from a member of the federal judiciary amid Mr. Trump’s efforts to vastly expand the scope of presidential power.

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Breaking: Supreme Court Agrees to Review Bonkers 5th Circuit Opinion Holding that Federal Law Prohibits the Counting of Timely Mailed Ballots That Arrive after Election Day

The cert grant is here.

Here is what I wrote when the 5th Circuit first decided this case:

Fifth Circuit in Bonkers Opinion Holds It Violates Federal Law for Miss. to Accept Ballots Postmarked by Election Day But Arriving After Election Day; Decision (for Now) Won’t Be Applied to This Year’s Election (Which Has Already Started)

You can find the opinion here, coming from the most radical panel of the judges on the Fifth Circuit (and that of course is saying something). I am on multiple deadlines, so a full analysis of the merits will have to wait. Suffice it to say that federal law has left this to the states, and requiring that people vote by election day is not the same as saying their ballots must be received by election day. Every other court to face these cases has rejected this argument.

The important point for now is that the panel did not put this ruling into effect for this election. They’ve remanded it to the lower court to consider the issue in light of the federal rule in Purcell and otherwise about late changes in election rules….

I would be very surprised if any court changed the rules for Mississippi at this late date, and even more surprised if such an order would survive Supreme Court review—much less seeing this ruling extended to other states for this election.

But it does show you that sometimes cases only become important when judges do things that are entirely unexpected. I guess we should expect more of that going forward.

Richard Bernstein has a much more in depth analysis of these issues.

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NYU Democracy Project: A Populist Democratic Party, Lessons from the Gilded Age, and Electoral Due Process

I’ve been too busy to blog much this past week, either about my own work or the NYU Democracy Project. But here are three essays from last week in the NYU Democracy Project series of 100 essays in 100 days on challenges to democracy today.

From Seth Masket, The Rise of Populism, Left to Right:

“The rise of populism has been a noted phenomenon in many democracies around the world in recent decades. But its development in the United States has not been even across party lines, with populism substantially transforming the modern Republican Party but only making a dent on the Democratic side. Yet this imbalance may be changing…

One could see the beginnings of this in Sen. Bernie Sanders’ (I-VT) 2016 run for the Democratic presidential nomination, as well as during the 2018 midterm elections, in which several progressive Democratic House challengers – with the backing of Sanders, Justice Democrats, and other related groups – threatened the party’s leadership. Yet, other than Alexandria Ocasio-Cortez (NY) and a few others, populist challenges largely failed on the Democratic side that year.

Yet, we could be seeing a stronger push within the Democratic Party heading into the 2026 midterms. Just as Republican elites had lost favor among their rank-and-file in 2016, so Democratic elites have lost favor among their rank-and-file in 2025. Democratic Party favorability among Democrats has been dropping steadily in 2025, while Republican Party approval among Republicans is rising. It’s only one election in one city, but Zohran Mamdani’s victory in New York City’s Democratic mayoral primary suggests a party ripe for a populist moment, with elites uncomfortable with his stances not only unable to prevent his nomination but ultimately closing ranks behind him as the nominee.

What would a left-populist takeover of the Democratic Party look like?…”

From Charles Stewart, Polarization Today: Lessons from the Gilded Age?:

Two related topics currently dominate public discourse among educated elites in the United States:  democratic backsliding and political polarization.  Although there are exceptions, this discourse tends to take the post-Watergate consensus about the rules of the political game as the benchmark for American democratic practice, bemoaning the accelerating decline in popular political civility and elite forbearance.

As important as the topic of democratic decline over the past generation is, it’s natural to ask about how the current situation fits into the larger arc of American political history.  When we answer this question, we see patterns repeating, or at least history rhyming.  This doesn’t necessarily counsel despair, but it does suggest that our current troubles aren’t entirely the doing of contemporary actors and circumstances.  And, it suggests that the path out of the current polarization and constitutional hardball will come from the inherent instability of the political coalitions that constitute the parties.

America has experienced similar eras of intense polarization to the present one.  The obvious reference point is the Civil War, both before and after the war.  The Second Party System—generally dated from 1828 to 1854—was designed in part to take slavery off the table and organize national politics along other lines, such as patronage.  The key was the maintenance of cross-sectional national political parties that contained conflict over slavery.  Social and population forces, along with the success of the regional Republican Party, eventually blew the lid off the Jacksonian system, leading to war.

The Civil War may have settled the constitutional issue of federal supremacy over the states, but it didn’t extinguish partisan polarization.  Indeed, the Republican Party, which supplanted the Whigs as the chief rival to the Democrats, was much more cohesive on national issues than the Whigs ever were.  Thus, during the Third Party System that followed, political interests became increasingly aligned with party identities in both the electorate and the government.  When we use DW-NOMINATE scores to chart political polarization (recognizing DW-NOMINATE’s limitations in charting such things), it is only in recent years that the level of party polarization has matched that of the Reconstruction and Gilded Age years…

From Michael Kang, Electoral Due Process:

In a free and fair democracy, the rules of the election need to be set before the election, but a few partisan state legislatures have begun trying to effectively change the election results after the fact when their candidates lose—shrinking the powers of newly elected officeholders and sometimes even unseating them altogether. 

Consider events in North Carolina and Wisconsin. Under Republican governors, Republican legislatures there expanded gubernatorial powers while their party held the office. When Democrats won the governor’s races in those states, though, the same legislatures convened rushed lame-duck sessions to strip away executive authority before the newly elected Democrats could take office. In Wisconsin, the legislature waited to see the result of the governor’s election and when a Democrat won, it hurriedly transferred key executive powers to the legislature, restricted the governor’s ability to handle lawsuits, and eliminated the newly created position of solicitor general.  In North Carolina, after a Democrat won the governor’s election, lawmakers abruptly cut his control over key state institutions, including the board of elections, required legislative approval over his cabinet appointments, and slashed his administration from 1,500 employees down to 425—exactly reversing the increase they enacted with a Republican in power.  And more recently last year, after a Democrat was elected again as governor, the legislature called another lame duck session to once more cut back the governor’s powers by making last-second use of a veto-proof supermajority they had just lost in the elections.  In other words, partisan legislative majorities have retroactively stripped power from elected offices when their political opponents win, in lame duck sessions before the newly elected officeholders can even oppose them legislatively.  Other state legislatures have abused their censure, expulsion, and impeachment discretion to strip away powers from, or outright remove, elected officeholders from the opposing party under circumstances that are basically unprecedented in their states’ history.  The worry is that these incidents will become commonplace in our hyperpartisan and politically hypercompetitive country…

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“How an Adam Schiff indictment could shake the Senate”

Politico:

President Donald Trump’s retribution campaign against his political adversaries could soon hit the Senate — and lawmakers are already bracing for impact.

After securing the indictments of former FBI Director James Comey and New York Attorney General Letitia James, Trump has his sights set on Sen. Adam Schiff, the California Democrat who as a member of the House managed the president’s first impeachment trial.

If Schiff ends up indicted on allegations of mortgage fraud — a charge he has vehemently denied — or for any other claim, it would mark an unprecedented escalation for Trump to target an outspoken political adversary who is also a federal elected official.

As Schiff solicits dollars for a legal defense fund and builds an expansive political operation prepared to do damage control around any potential charges, Schiff’s Democratic colleagues in Congress are increasingly anxious about their own vulnerability. They are also frustrated with the unwillingness of Republican senators to speak out on Schiff’s behalf.

“I’ve spoken to a number of Republicans, and they are certainly disquieted, if not dismayed, by the increasing weaponization of the Department of Justice,” said Sen. Richard Blumenthal (D-Conn.). “Because it tears down the norms and rule of law that protects them and all Americans, as well as Adam Schiff and Democrats who may be targeted by Trump.”…

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