Jack Goldsmith Responds to Critics on the Dangers of Prosecuting (or not Prosecuting) Trump for Trying to Overturn the 2020 Election
I was one of the critics he responded to, and in this post I offer a rejoinder.
Criminal Law
Idaho Keeps Scheduling This Inmate's Execution Even Though It Lacks the Means To Kill Him
A federal judge ruled in favor of an Idaho death-row inmate who says that the state is "psychologically torturing" him.
The Dangers of Giving Trump Impunity are Far Worse than those of Prosecuting Him
Giving presidents impunity for using force and fraud to try to nullify election results is far worse than any potential risk of prosecuting Trump.
Clearing up Common Misconceptions About the Charges Against Trump
Recent articles by Lawfare and Walter Olson perform a valuable service on this front.
Retribution, Deterrence, and the Case for Prosecuting Trump for Conspiring to Overturn the 2020 Election
His attempt to stay in power despite losing an election is well worthy of prosecution and punishment, on grounds of retribution and deterrence.
He Spent 10 Years Behind Bars Without Being Convicted. He'll Have To Wait Longer To Have the Case Resolved.
Maurice Jimmerson finally got a trial after a decade of pretrial detention. It ended in a hung jury.
What it Will Take to Make Government Color-Blind
Achieving this goal will require a lot more than banning racial preferences in college admissions. That includes some measures that will make the political right uncomfortable, as well as the left.
Alabama Isn't Ready To Kill Inmates By Nitrogen Hypoxia. It Wants To Try Anyway.
James Barber is set to be killed next month, the first execution after a string of botched lethal injection executions in the state.
A Troubling Supreme Court Habeas Decision
The Supreme Court was wrong to deny relief to a man imprisoned for activity that Court's own rulings indicate was not illegal - one who never had an opportunity to challenge his incarceration on that basis.
Congress Considers Bipartisan Bill Curbing Asset Forfeiture
The FAIR Act would be a significant step forward. It just passed the House Judiciary Committee on a unanimous 26-0 vote.
Against the "Banana Republic" Critique of Indicting Trump
The real banana republic danger is if high officials can commit serious crimes with impunity.
He Spent a Decade in Jail Without Being Convicted. Now His Lawyer Says His Case Should Be Dismissed.
Maurice Jimmerson has spent 10 years in jail awaiting trial for a 2013 murder charge.
The Supreme Court Has Halted Richard Glossip's Execution
The state's own attorney general has said Glossip deserves a new trial.
"Citizen Non-Cooperation and Police Non-Intervention as Causes of Justice Failure and Crime"
"Such inaction is not irrational but the result of strong incentives against citizen cooperation and against active police intervention."
Is It "Abuse of Corpse" to Have Sex on Mattress That Partly Covers Your Ex-Girlfriend's Dead Body?
One might have hoped this question would never have come up .... [UPDATE: Commenter QuantumBoxCat adds, "Worst threesome ever."]
As Oklahoma's Attorney General Calls for Clemency, the State Keeps Planning To Execute Richard Glossip
Two damning investigations and a request from the state attorney general haven't been enough to stop the execution.
This Georgia Man Has Been Jailed for 10 Years Without a Trial
In 2013, Maurice Jimmerson was charged with murder. Ten years later, he's still languishing in a Dougherty County jail, awaiting trial.
U.S. Government Borrows Russian Tactic To Muzzle Pro-Russian Critics
The Department of Justice emulates the Kremlin in smearing government critics as foreign agents.
Oklahoma Says Richard Glossip Was Denied a Fair Trial. An Appeals Court Still Won't Overturn His Conviction.
"While I respect the Court of Criminal Appeals' opinion, I am not willing to allow an execution to proceed despite so many doubts," said Oklahoma's attorney general.
Will Ohio Kill The Death Penalty?
Recent efforts from the governor, the attorney general, and state legislators suggest the state is moving away from capital punishment.
A "Water Pistol Unnecessarily Preceding" a "Missile-Launching F-35 Attack": Thoughts on the New York Trump Indictment
Trump very much deserves to be prosecuted and punished. But the New York case is far more dubious than the other charges likely to be brought against him.
Oklahoma Almost Killed Him 3 Times. Now, the State Is Trying To Vacate His Conviction.
"It is critical that Oklahomans have absolute faith that the death penalty is administered fairly and with certainty," said the state's attorney general in a Thursday press release.
He Got 30 Years for Murder After a Cop Killed His Friend
Lakeith Smith's case epitomizes the issues with the "felony murder" doctrine.
With the Trump Arraignment, Americans Are Seeing the Power of the Local Prosecutor
Alvin Bragg's case against Donald Trump has put the once-obscure position of district attorney into the national spotlight.
Parents of Oxford High School Shooter Can Be Prosecuted for Negligent Homicide,
based on their not securing the gun they gave him and other things, given the evidence they had of his mental state.
Idaho Supreme Court Rules Fourth Amendment Violated When Drug-Sniffing Dog "Intermeddled" With Defendant's Car
Nero the police dog put his paws on the side of the car, which qualifies as a trespass, and thereby also a "search" under the Fourth Amendment.
Idaho Likely To Authorize Execution by Firing Squad
"The firing squad, in my opinion, is beneath the dignity of the state of Idaho," said one state senator. "We have to find a better way."
International Criminal Court Issues War Crimes Arrest Warrant Against Vladimir Putin
The charge is the crime of illegal kidnapping and deportation of Ukrainian children.
Rape Rates Go Down as Countries Legalize Prostitution, Rise With Sex Work Prohibition
Plus: States move to stop cops from lying to kids, Biden wants to raise Medicare taxes, and more...
Is Investigating a School Sexting Incident the Same as Possessing Child Porn? A Judge Says No.
Bradley Bass' case in Colorado says a lot about just how powerful prosecutors are.
Alabama Set To Resume Executions. But Will They Stop Botching Them?
"No one buys this sham of a review," wrote one critic. "And the reason we don't buy it is because we all have functioning brains."
Having Jury Deliberate During Start of COVID Pandemic Didn't Deprive Murder Defendant of Fair Trial
The mentally ill defendant "testified and described how shooting white people was part of his divine, preordained mission to establish 'a kingdom of infinite peace and progress.'”
Another Dissent from Denial of Certiorari from Justice Jackson
For the second time, Justice Jackson dissents from the Supreme Court's refusal to hear a case.
My Article on Defining the Term "Victim" in Crime Victims' Rights Enactments
The article explains how the federal Crime Victims' Rights Act and other crime victim protections contain a broad definition of the term "victim."
Pennsylvania Governor Says He Won't Sign Execution Warrants
"This is a fundamental statement of morality, of what's right and wrong," Democratic Gov. Josh Shapiro said Thursday. "And I believe Pennsylvania must be on the right side of this issue."
An Iowa Town Charged a Man With Disorderly Conduct Because He Called a Cop a 'Domestic Abuser'
Now a judge has cleared him of wrongdoing and struck down the rule used to justify the arrest.
Texas Death Row Prisoners Sue Over Automatic Solitary Confinement
The state's "arbitrary requirement to house all male death row prisoners in permanent solitary confinement does not promote safety and security, is inconsistent with correctional best practices, and serves no penological purpose," the lawsuit claims.
Arizona Pauses Executions After Gov. Hobbs Orders a Review of the State's Procedures.
"It's time to address the fact that this is a system that needs better oversight on numerous fronts," Gov. Katie Hobbs said in a Friday press release.
In Alabama, New Rules Make Botched Executions More Likely
"Under the new rule, the State would have been able to prolong the botched execution process indefinitely," the Equal Justice Initiative wrote in a press release.
What Exactly Is "Manslaughter" in the Alec Baldwin Case?
Though "involuntary manslaughter" is defined by New Mexico statute to includes death caused by lack of "due caution," New Mexico precedent limits it to situations where the defendant had "subjective knowledge 'of the danger or risk to others posed by his or her actions.'"
