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.
Campaign Finance
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.
Courts Should Check 'Majority Rule'
Democrats and Republicans agree on that point, although they disagree about what it means in practice.
Defending Amy Coney Barrett, Ted Cruz Highlights the Threats That Democrats Pose to Civil Liberties
The Texas senator notes the opposing party's blind spots on freedom of speech and the right to arms.
SCOTUS Contender James Ho Combines Respect for Free Speech and Gun Rights With a Troubling Deference to Cops
The 5th Circuit judge is a mixed bag from a libertarian perspective.
Two Billionaires Demonstrate the Limits of Money in Elections
No amount of money can buy victory for candidates who fail to persuade voters.
The Bloomberg and Steyer Fiascoes Should Give Pause to Speech Restrictionists
No amount of money can buy victory for candidates who fail to persuade voters.
Bloomberg Drops Out, Demonstrating the Limits of Money and the Perils of Arrogance
The former New York City mayor has never been good at concealing his conviction that he is smarter and better than the rest of us.
Losers Bloomberg and Steyer Spent Millions. Stop Freaking Out About Money in Politics.
Michael Bloomberg spent at least $500 million in his bid for a Super Tuesday blitz. He came away with...American Samoa.
What Would Samuel Adams Think of Michael Bloomberg's Campaign?
"I hope our country will never see the time, when either riches or the want of them will be the leading considerations in the choice of public officers," Adams wrote in 1776.
