Campaign Finance Laws Institutionalize Corruption
Powerful political allies get a pass, while dissenters are crushed with massive fines. This isn’t a flaw in the system—it’s the point.
Campaign Finance
Alvin Bragg's Misbegotten 'Election Interference' Case Against Trump Ends With a Whimper
Aside from a felony record that may yet be erased on appeal, the president-elect will face no punishment for trying to conceal his hush payment to Stormy Daniels.
Eric Adams Gamed a New York Campaign Finance Scheme That Was Ripe for Corruption
The New York City mayor's kickbacks from Turkish officials translated into extra cash from taxpayers.
Elon Musk Spent $118 Million To Elect Trump. What Will He Get in Return?
Will the mercurial tech mogul put his thumb on the scale to help his own companies, or will he push for a broader deregulatory agenda?
Trump's Legal Complaints Against 2 News Outlets Reflect His Disregard for Freedom of the Press
The Republican presidential candidate argues that CBS and The Washington Post broke the law by covering the election in ways he did not like.
Who Are Langley's Favorite Candidates?
Campaign finance records reveal what the community at the heart of U.S. national security policy thinks about outside politics.
A Look Back at the Panic Over Big Money in Politics
Law professor Ann Southworth offers a balanced take on the fallout from the Supreme Court's Citizens United decision.
Sixth Circuit Allows Enforcement of Ohio Law Barring Foreign Expenditures on Ballot Initiatives
A divided circuit panel stays the district court's injunction against enforcing Ohio's law.
Biden's Exit Exposed the Chaotic Maze of Campaign Finance Law
A $92 million war chest and unclear regulations highlight the need for reform to protect political speech.
A Law Professor's Beef With a First Amendment 'Spinning Out of Control': Too Much Speech of the Wrong Sort
Even as he praises judicial decisions that made room for "dissenters" and protected "robust political debate," Tim Wu pushes sweeping rationales for censorship.
Laurence Tribe Bizarrely Claims Trump Won the 2016 Election by Falsifying Business Records in 2017
That take on the former president's New York conviction echoes similarly puzzling claims by many people who should know better.
A Jumble of Legal Theories Failed To Give Trump 'Fair Notice' of the New York Charges Against Him
The lack of a clear rationale for charging Trump with 34 felonies raises a due process issue that is likely to figure in his appeals.
The Prosecution's Story About Trump Featured Several Logically Impossible Claims
Whatever Trump did after the 2016 presidential election, it seems safe to say that it did not retroactively promote his victory.
Trump's Conviction Suggests Jurors Bought the Prosecution's Dubious 'Election Fraud' Narrative
There was a glaring mismatch between the charges against the former president and what prosecutors described as the essence of his crime.
Trump Jury Instructions Invite Conviction Based on a Hodgepodge of Dubious Theories
The judge said the jurors need not agree about the "unlawful means" that Trump allegedly used to promote his 2016 election.
Prosecutors Say Trump Tried to 'Hoodwink the American Voter,' Which Is Not a Crime
Closing arguments in the former president's trial highlight the mismatch between the charges and the "election fraud" he supposedly committed.
Prosecutors Are Still Hedging on Exactly What 'Crime' Trump Tried To 'Aid' or 'Conceal'
This week the judge presiding over Trump's trial ruled that jurors do not have to agree on any particular legal theory.
Alvin Bragg's Case Against Trump Presents a Tangle of Interacting Laws and Intent Puzzles
To convert a hush payment into 34 felonies, prosecutors are relying on a chain of assumptions with several weak links.
The 'Heart' of Alvin Bragg's Case Against Trump Is Misdirection
Contrary to what prosecutors say, the former president is not charged with "conspiracy" or "election fraud."
The Details of Stormy Daniels' Story About Sex With Trump Are Legally Irrelevant
Under the prosecution's theory, Trump would be guilty of falsifying business records even if Daniels made the whole thing up.
Stormy Daniels' 'Credibility Issues' Reflect a Broader Problem With Key Witnesses Against Trump
New York prosecutors are relying on testimony from several people who do not seem trustworthy.
The New York Case Against Trump Relies on a 'Twisty' Legal Theory That Reeks of Desperation
To convert a hush money payment into 34 felonies, prosecutors are invoking an obscure state election law that experts say has never been used before.
Alvin Bragg's 'Election Interference' Narrative Is Nonsensical
Since Donald Trump's alleged falsification of business records happened after he was elected president, he clearly was not trying to ensure that outcome.
Alvin Bragg Says Trump Tried To Conceal 'Another Crime.' What Crime?
The leading possibilities are all problematic in one way or another.
Biden's Antitrust Case Against Apple Is Truly Stupid
Plus: A listener asks about the absurdity of Social Security entitlements.
Two New York Cases Lend Credibility to Trump's Complaint of Partisan Persecution
Neither Manhattan D.A. Alvin Bragg nor New York Attorney General Letitia James can explain exactly who was victimized by the dishonesty they cite.
Alvin Bragg Is Trying To Punish Trump for Something That Is Not a Crime
The essence of the case, the Manhattan D.A. says, is that Trump "corrupt[ed] a presidential election" by concealing embarrassing information.
The Real Scandal in Washington Is the Government's Reckless Spending
Those sounding the loudest alarms about possible shutdowns are largely silent when Congress ignores its own budgetary rules. All that seems to matter is that government is metaphorically funded.
Trump's New York Indictment Was Just the Beginning of His Legal Woes
The Manhattan case stinks of partisan politics, but Trump faces more serious legal jeopardy on at least three other fronts.
Was Anyone Victimized by Trump's 34 Alleged Felonies?
The case against the former president is both morally dubious and legally shaky.
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.
Prosecutors Are Still Hazy About What Crime Trump Was Trying To Conceal by Falsifying Business Records
The continuing ambiguity reflects the legal challenges that Manhattan District Attorney Alvin Bragg faces in transforming one hush payment into 34 felonies.
It Looks Like Donald Trump Will Finally Be Indicted Later Today
Plus: Debating whether GPT-4 actually understands language, U.S. immigration law stops a college basketball star from scoring, and more...
Apocalypse Tomorrow: Trump's Looming Indictment
Plus: the terrible case for pausing A.I. innovation
The Shaky New York Case Against Trump Reeks of Desperation To Punish a Reviled Political Opponent
Manhattan District Attorney Alvin Bragg is relying on debatable facts and untested legal theories to transform minor misconduct into a felony.
Trump Indictment Could Be the Jolt His Flailing 2024 Campaign Needs
Plus: Evidence that social media causes teen health problems "isn't convincing," more states ban gender transition treatments for minors, and more...
Of Course, the Trump Indictment Is Political
Plus: A listener asks the editors if the nation is indeed unraveling or if she is just one of "The Olds" now.
Is the Manhattan D.A. Upholding or Flouting the Rule of Law by Prosecuting Trump?
The case hinges on the claim that the former president tried to cover up a campaign finance violation with which he was never charged.
New York Arrest Would Be a Gift for Trump
Plus: Libertarians ask Supreme Court to consider New York ballot access rule change, Wyoming bans abortion pills, and more...
Transforming Stormy Daniels' Hush Payment Into a Felony Would Reinforce Trump's 'Witch Hunt' Complaint
Manhattan District Attorney Alvin Bragg reportedly intends to prosecute Trump for falsifying business records.
Why Did George Santos Lie About His Past To Get Elected to Congress?
The massive power of federal government attracts frauds.
Democrats Spent Millions Boosting Far-Right Republicans. How Did It Pan Out?
And is this a good precedent to be setting?
Guardrails of Democracy, Extended: Comparing Notes On The Team Libertarian Report
Fifth post in the symposium on the National Constitution Center "Restoring the Guardrails of Democracy" project. Walter Olson of Team Libertarian comments on similarities and differences between the three reports.
An Upgrade, not a Rebuild
Fourth post in the symposium on the National Constitution Center "Restoring the Guardrails of Democracy" project. David French presents the Team Conservative Report.
When They Attack 'Dark Money,' They're Really Attacking Free Speech
Republicans take a page from the Democrats’ book by crying “dark money” during Ketanji Brown Jackson’s confirmation hearing.
Exposing Donations to Political Causes Can Chill Free Speech
Two lessons from the Canadian truckers' protest
These Nonprofit 'Disclosure' Requirements Are an Assault on the First Amendment
A California rule and a bill approved by the House seem designed to chill freedom of speech and freedom of association.
Worried About Money in Politics? The 2020 Election Showed Political Cash Can't Buy Electoral Victory.
With a lot of money spent for little results, the most recent election was a rebuttal to arguments for campaign finance reform.
