Don't Count on Criminal Prosecution To Hold Trump Accountable for His Egregious Post-Election Behavior
The final report from the January 6 select committee falls short of proving the elements required to convict the former president.
Donald Trump
Maybe 'Marshal Law' Can Save the Republican Party?
Unfortunately, the reality is something far more sinister.
The January 6 Committee's Suggested Charges Against Trump May Be Hard To Prove
The leading possibilities include knowledge and intent elements that have to be established beyond a reasonable doubt.
Congress Moves Forward on Electoral Count Act Reform
The new legislation would fix many of the problems that helped lead to the attempt to overturn the results of the 2020 election.
Bernie Sanders Abandons Plan To Force Vote on Yemen War
Faced with White House opposition, Sanders withdrew a resolution that would've challenged U.S. involvement in the Yemeni Civil War.
Republicans Shouldn't Be Shocked at Trump's Creepy Dinner With Ye and Nick Fuentes
The GOP will get what it deserves if, as predicted, Trump burns down the party if he doesn’t get the 2024 nomination.
The Bad News for Trump Piles Up
Plus: Warnock wins, over-the-counter Narcan closer to reality, San Francisco backtracks on killer robots, and more...
Trump Defines Constitutional Deviancy Down
His call for the "termination" of the Constitution is the latest in a long line of dangerous efforts to legitimate the indefensible.
11th Circuit Says a Judge Should Not Have Interfered With the FBI's Review of the Mar-a-Lago Documents
The appeals court says Donald Trump's status as a former president does not entitle him to special treatment.
Election-Denying Republicans Were Big Losers in the 2022 Midterms
And most of them quietly slunk away afterwards.
Eleventh Circuit Quashes Trump Effort to Block Federal Government Access to Mar-a-Lago Documents
In a brief and forceful opinion, a unanimous court explains why the trial court never had jurisdiction to consider Trump's filings in the first place.
Judging From These Verdicts, Stewart Rhodes' Seditious Conspiracy Did Not Involve Attacking the Capitol
The Oath Keepers leader was acquitted of two riot-related conspiracy counts but convicted of plotting to keep Donald Trump in office "by force."
Some Arizona Republicans Are Refusing To Certify an Election. Is Congress Paying Attention?
What's happening right now in Cochise County, Arizona, should make the passage of the Electoral Count Reform Act even more urgent.
Robert Draper: The GOP Needs a Post-Trump Reality Check
The Weapons of Mass Delusion author says election-deniers like Marjorie Taylor Greene and Lauren Boebert may be the Republicans' future.
Has the GOP Lost Its Mind Over Donald Trump and Election Fraud?
Weapons of Mass Delusion author Robert Draper says Republicans need a massive reality check.
'I'm Totally Uncancelable': Megyn Kelly Speaks Out on Left-Wing and Right-Wing Media Bias
The journalist has taken a great deal of flack—from both sides.
The Former Kanye West Is Running for President Again, Allying With Fascists
The "Ye24" campaign is seemingly managed and shaped by the likes of Milo Yiannopoulos and Nick Fuentes.
Some Loudmouth Politicians Are Finally Wearing Out Their Welcome
Voters gave a cold shoulder to candidates endorsed by former President Donald Trump, and Los Angeles County voters gave the heave-ho to Sheriff Alex Villanueva.
Making the GOP Liberty-Friendly Requires More Than Just Rejecting Donald Trump
Even if Trump loses this primary race, there’s every reason to think his party will retain its present will to power.
Wallowing Around in a Gerontocracy
Plus: The editors consider what type of fresh attacks the marijuana legalization movement is likely to encounter.
Republicans Contemplate a Post-Trump World
With his luster dimmed, former President Donald Trump is no longer the unchallenged party leader.
No, You Don't Have a First Amendment Right To Get Your Speech Aired on Cable News
On Tuesday night, Trump spokesperson Liz Harrington made the baffling claim that, if mainstream news channels failed to air the former president's campaign announcement in full, it would mean that "we do not have the First Amendment."
Trump Says Taking Presidential Records to Mar-a-Lago Automatically Made Them His Property
According to the former president's lawyers, his decision to retain the documents made them "personal."
Republicans Need an Actual Plan To Grow the Economy
The biggest beneficiaries of economic growth are poor people. But the deepest case for economic growth is a moral one.
Is Anybody but Trump Excited About the 2024 Election Beginning?
Plus: "unnecessary gynecological procedures" at ICE detention center, over-the-counter Naloxone, and more...
Donald Trump Announces He Will Run for President in 2024
The former president will seek a second term, despite continuing to insist he already won one in 2020.
Kari Lake's Defeat Is the Latest Disaster for Arizona's Trump-Backed Republicans
Voters rejected other Republicans who have cozied up to the former president, including Senate candidate Blake Masters and secretary of state candidate Mark Finchem.
The Red Wave That Wasn't
Plus: The editors field a question on U.S. ballot counting and talk more on Elon Musk’s Twitter takeover.
A Potted Plant Could Beat a Trump Republican
A cult following fails to attract voters dismayed by Democratic policies.
Maybe Republicans Need a Policy Agenda After All?
The GOP has hit the dead end of Trump-style personality-cult populism. It's time to try having ideas.
Blake Masters' Defeat Should End the GOP's Fealty to Trump and the Big Lie
The Arizona Senate candidate who said "libertarianism doesn't work" is expected to come up short.
Trump Lawyers Sanctioned for Frivolous Lawsuit Against Political Opponents
Sloppy legal filings against Democratic political operatives may end up costing some of Trump's lawyers.
Pay Attention to Policy, not 'Narratives'
Punditry ought to be less important than wonkery.
The Election Betting Markets Fell Short. They're Still the Most Flexible Predictor.
People with money on the line try harder than pundits to be right, and they adjust quickly when they've made a mistake.
J.D. Vance Seized His Chance, but the New Right Had a Bad Night
Big-government conservatives underperformed across the country.
Yale Journal on Regulation Symposium on Peter Shane's "Democracy's Chief Executive"
Participants include Daniel Farber, Keith Whittington, Cristina Rodriguez, Lisa Heinzerling, and myself, among others.
Kari Lake's Election Conspiracy Theories Aren't Even the Worst Thing About Her
It's her willingness to wield state power to punish the ideas and groups she dislikes.
Conservative Republican Rep. Dan Crenshaw Says Republican Leaders' Election Denialism was "Always a Lie"
GOP politicians lied in order to exploit public ignorance. That dynamic is just one particularly egregious example of the broader danger widespread voter ignorance and bias.
Video of Federalist Society Panel on "What are the Limits of Executive Emergency Powers"
The panelists included Elizabeth Goitein (Brennan Center, NYU), Daniel Dew (Pacific Legal Foundation), and myself.
'Election Fraud' Can Become Our Awful New Hyperbole
If we go through one election cycle after another and every loser unjustifiably cries fraud, eventually the claim will cease to impress.
This Court Case Could Make It a Crime To Be a Journalist in Texas
Priscilla Villarreal found herself in a jail cell for publishing two routine stories. A federal court still can't decide what to do about that.
Free Trade Would Boost the Economy, But It's Not on the Ballot
Joe Biden adopted his predecessor’s protectionism, threatening our peace and prosperity.
The Lincoln Project Demonstrates How Anti-Trump Fixation Can Lead to Lousy Policy
Reflexive opposition to the 45th president was terrible for Covid policy and basic ethics.
The Paul Pelosi Conspiracy Theories Are an Embarrassment for the Right
The House Speaker's husband was attacked by a crazy home intruder. Why is Donald Trump pretending otherwise?
Why Are Democrats Still Backing Trumpists in GOP Primaries?
Democrats paid $435,000 to back a pro-Trump Republican in Michigan—nearly $100,000 more than the candidate himself raised.
Revisiting the First Trump Impeachment
New article in symposium on the law and politics of impeachment now available
This Election Day, Listen to the Betting Market Instead of Pundit Predictions
Over time, betting has been a better predictor than polls, pundits, statistical models, and everything else.
Ninth Circuit Refuses to Quash Jan. 6 Committee Subpoena for Kelli Ward's Cell Phone Records
A Ninth Circut panel split 2-1 over whether First Amendment concerns should prevent congressional investigatos from obtaining cell records for Arizona's Republican Party Chair.
