Was the Capitol Riot an 'Insurrection,' and Did Trump 'Engage in' It?
The Colorado Supreme Court's reasoning in deciding that Trump is constitutionally disqualified from running for president seems iffy.
Election 2020
Giuliani Never Puts Up, but He Never Shuts Up Either
The former Trump lawyer could have avoided a massive defamation verdict by presenting his "definitively clear" evidence of election fraud.
How Florida Fixed Its Vote-Counting Problem After the 2000 Election
Ballots should be counted quickly and accurately.
'Everything I Said About Them Is True,' Giuliani Insisted Days Before a Jury Debated His Defamation Debt
The former Trump campaign lawyer re-upped his false claims about two Georgia election workers in the middle of a trial aimed at determining the damages he owes them.
My New Bulwark Article on Trump and Section 3 of the 14th Amendment
The article makes the case for disqualification on moral and pragmatic grounds, as well as legal ones.
Trump Gag Order Raises Unsettled Constitutional Questions
A D.C. Circuit judge says the government’s defense of the order gives short shrift to "the First Amendment’s vigorous protection of political speech."
Colorado Court Rules Trump Engaged in Insurrection, but Cannot Be Disqualified Under Section Three Because the President is not an "Officer of the United States"
The court ruled against Trump on his strongest arguments, but accepted a weak one.
Why Is Trump Worried About What Mark Meadows Might Say in the Election Interference Cases?
The former White House chief of staff is one of several former Trump advisers who are cooperating with prosecutors.
Mike Johnson Is the Unlikely New Speaker of the House
Johnson is a relative newcomer to Congress who has never even chaired a committee, and he is a close ally of former President Donald Trump.
Trump's Stooges Flip
Plus: Greta Thunberg gets booted from Israeli schools, Spain gets even less serious about work, regulating skyline views, and more...
How Sidney Powell's Plea Deal Could Hurt Trump in the Georgia Racketeering Case
The election conspiracy theorist struck a deal that allows her to avoid prison by testifying for the prosecution.
The Georgia Case Against Trump Relies on a Dangerous Application of RICO Law
District Attorney Fani Willis’ preferred weapon wasn’t designed to be used this way.
Insurrectionists Who Think they are Upholding the Constitution are Still Insurrectionists—and Still Subject to Disqualification Under Section 3 the Fourteenth Amendment
If false beliefs about legality exempt people from Section 3 disqualification, leading Confederates would have been exempt as well.
MSNBC Debate with Michael McConnell on Trump and Disqualification Under Section 3 of the 14th Amendment
The debate aired on the Mehdi Hasan show.
Why President Trump is an "Officer" who Can be Disqualified From Holding Public Office Under Section 3 of the 14th Amendment [Updated]
The opposing view is contrary to the original meaning, and leads to absurd conclusions.
Joint Trial of Sidney Powell and Kenneth Chesebro Illustrates the Fuzziness of Georgia's RICO Law
The two alleged racketeers complain that irrelevant evidence concerning distinct, uncoordinated conduct aimed at keeping Donald Trump in office will impair their defense.
With 22-Year Sentence, Ex-Proud Boys Leader Enrique Tarrio Pays Hefty 'Trial Penalty'
Plus: New York City's crackdown on short-term rentals, Brazil's UFO investigations, and more...
Do the Proud Boys Deserve To Be in Prison Forever?
Plus: A listener question concerning porn verification laws.
How Rudy Giuliani's Drinking Habits Could Hurt Trump's Defense
Special Counsel Jack Smith reportedly is keenly interested in whether the former New York mayor gave Trump legal advice while intoxicated.
GOP Debate Stuff We Didn't Hate
Plus: A listener question about the continued absurdity of sports stadium subsidies
Stop Publishing Mug Shots—Even Donald Trump's
Mug shots are not taken to humiliate a defendant before they've been convicted. But that's the purpose they widely serve now.
Tucker Carlson's Sycophantic Interview With Trump Illustrates the Advantages of Skipping the Debates
It's no mystery why the former president preferred a forum in which his record and positions would face no serious challenge.
Fani Willis Is Abusing Georgia's Terrible RICO Law
Trump and his acolytes' conduct was indefensible, but the state's RICO law is overly broad and makes it too easy for prosecutors to bring charges.
The Georgia Case Against Trump
Trump's Georgia indictment has much in common with the most recent federal case against him. But also breaks some new ground.
Trump's Georgia Indictment Raises Familiar Questions of Knowledge and Intent
The defendants will claim their alleged "racketeering activity" was a sincere effort to rectify election fraud.
Trump and 18 Others Charged With Election-Related Crimes in Georgia
Plus: The beauty of microschools, the futility of link taxes, and more...
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.
Hunter Biden and Donald Trump Should Both Have Jury Trials
End the government’s plea-bargaining racket with open and adversarial jury trials.
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.
Here Is Why Trump's Lawyers Say His Post-Election Conduct Was Constitutionally Protected
When he alleged fraud and sought help from government officials, they say, Trump was exercising rights guaranteed by the First Amendment.
Have We Lost Track of the Trump Indictments Yet?
Plus: Why don't journalists support free speech anymore?
Clearing up Common Misconceptions About the Charges Against Trump
Recent articles by Lawfare and Walter Olson perform a valuable service on this front.
Trump's Prosecution Could Be Stymied by the Blurry Line Between Deceit and Self-Delusion
His state of mind when he tried to overturn the outcome of the 2020 election remains a mystery, perhaps even to him.
Did Trump Really Believe the Election Was Stolen? Here Is Why It Matters.
The new federal charges against Trump depend on the assumption that his claims were "knowingly false."
Is Trump's Latest Indictment About Defending Democracy or Attacking Free Speech?
Plus: More "manifesting prostitution" nonsense, U.S. loses top-tier credit rating, and more...
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.
Trump Indicted for Attempting To Overturn 2020 Presidential Election
Special prosecutor Jack Smith says Trump attempted to "defraud the United States."
Giuliani Admits His Oft-Told Tale of Georgia Election Fraud Was Not True
Unlike calling Trump's stolen-election fantasy "the Big Lie," his lawyer's statements were demonstrably false assertions of fact.
Studies Keep Finding That Social Media Algorithms Don't Increase Polarization. Why Is the Press So Skeptical?
New research on Facebook before the 2020 election finds scant evidence to suggest algorithms are shifting our political views.
2 Reasons It's Not Clear That Trump 'Corruptly' Obstructed an Official Proceeding
Appeals in the January 6 cases raise serious questions about how broadly the statute should be applied.
Here Is Why Trump's 'Contingent' Electors Say They Did Nothing Illegal
Republicans who participated in the scheme say they relied on legal advice grounded in historical precedent.
Does Trump's 'Alternate' Electors Plan Justify Criminal Charges Against Them and Him?
The alleged state and federal felonies involve intent elements that may be difficult to prove.
Tucker Carlson Lends Credence to the Stolen-Election Story He Dismissed As a Lie
Eager for the adulation of Trump supporters, the former Fox News host suggests that rigged election software delivered a phony victory to Joe Biden.
A Grand Jury Considers the Question of Whether Trump Sincerely Believed He Won Reelection
That issue is central to Special Counsel Jack Smith's investigation of the former president's response to Joe Biden's victory.
Sixth Circuit Upholds Sanctions Against Kraken Attorneys for Michigan Filings
The sanctions imposed on Sidney Powell and other attorneys raising frivolous challenges to the 2020 election were narrowed and slightly reduced, but largely upheld.
Another Georgia Probe Finds No Evidence of Conspiracy To Steal 2020 Election
The Trump campaign's claim that two Atlanta poll workers pulled fraudulent ballots from a suitcase on election night are "false and unsubstantiated" after a two-year investigation.
