Do These Seditious Conspiracy Convictions Prove the Capitol Riot 'Was Not Spontaneous'?
A jury convicted members of the Proud Boys without evidence of an explicit plot, let alone one that most of the rioters were trying to execute.
Prosecutors
A New Amicus Brief Arguing Against a Local D.A. Circumventing California's Three Strikes Law
Meg Garvin, John Yoo, and I argue to the California Supreme Court that L.A. District Attorney George Gascon is not free to ignore the commands of California's Three Strikes Law.
Was Anyone Victimized by Trump's 34 Alleged Felonies?
The case against the former president is both morally dubious and legally shaky.
Abortion, Guns, Trump, and the New Era of Shout-Down Politics
Plus: The editors respond to a listener question concerning corporate personhood.
Most Americans Say New York Charges Against Trump Are 'Serious'
Headlines about the 34 alleged felonies seem to have obscured newly revealed information about the weakness of the charges.
Trump Commuted His Sentence. Now the Justice Department Is Going To Prosecute Him Again.
Philip Esformes' case is a story about what happens when the government violates some of its most basic promises.
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.
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.
Trump's Indictment Illustrates How the Wackos Have Hijacked Politics
Also: The sensitivity readers come for sci-fi anarchist Ursula Le Guin, how foreign trade can make American supply chains more resilient, and more...
Dump the Politicized Case Against Trump and Make Way for Serious Investigations
The New York charges look weak, and Americans think they’re politically motivated.
Apocalypse Tomorrow: Trump's Looming Indictment
Plus: the terrible case for pausing A.I. innovation
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.
Lawsuit: Prosecutors Filed Bogus Charges Against Detroit Man in Retaliation for Challenging Seizure of Car
The Institute for Justice says Robert Reeves' First Amendment rights were violated when prosecutors filed and refiled baseless felony charges against him after he sued to get his car back.
Sheriff's Employee Embezzled Funds in Keeping with the Spirit of Civil Asset Forfeiture
One guy with gambling debts is a news story, but a formal policy of legalized theft is a national scandal.
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.
Prosecutor Drops Firearm Enhancement Against Alec Baldwin
After a tragic on-set accident, a district attorney used a law passed after the incident to threaten Baldwin with years in jail.
Oklahoma Pulls Back the Relentless Pace of Planned Executions
A plan to put 25 inmates to death over two years is reconsidered.
Alec Baldwin Shouldn't Spend 5 Years in Prison for an Accident
The actor is a polarizing figure. That shouldn't matter when evaluating the criminal case against him.
Judge Rules DeSantis Violated First Amendment by Ousting Reform Prosecutor but Declines To Reinstate Him
"In short, the controlling motivations for the suspension were the interest in bringing down a reform prosecutor," the judge wrote.
If Kamala Harris Is the Future of the Democratic Party, It's Doomed
The underwhelming vice presidency of an unpopular former prosecutor has created a succession problem for the Democrats.
Kamala Harris Is a Flop
The underwhelming vice presidency of an unpopular former prosecutor has created a succession problem for the Democrats.
Pundits Predicted a Backlash Against Criminal Justice Reform in the Midterms. What Happened?
While rising crime created headwinds for candidates who supported criminal justice reform, the apocalyptic storm never quite arrived.
Judge Rules Illinois' Elimination of Cash Bail Unconstitutional
The governor and attorney general say they’ll appeal to the state Supreme Court.
Absolute Immunity Puts Prosecutors Above the Law
By giving powerful law enforcement officials absolute immunity from civil liability, the Supreme Court leaves their victims with no recourse.
This Principal Investigated a Sexting Incident. So the Police Charged Him With Possessing Child Porn.
Bradley Bass is facing 12 years in prison, despite the fact that he was doing his job as a school administrator.
Manhattan D.A. Said This Woman Acted in Self-Defense. He Prosecuted Her For Almost a Year Anyway.
Alvin Bragg has finally moved to stop prosecuting Tracy McCarter for murder.
Pennsylvania Republicans Impeached Philadelphia District Attorney Larry Krasner. Now What?
If it comes down to a party-line vote, Republicans don't have enough seats in the state Senate to remove Krasner from office.
Resistant Jurors Can Help Protect Abortion Rights (No Matter What the Law Says)
In the event of prosecution, jury nullification allows regular people to exercise a veto over the power of the state.
The Crime Backlash Mostly Failed To Materialize on Election Night
Apocalyptic attack ads about crime failed to drive a red wave, and criminal justice reform candidates were still successful in several local races around the country.
Jackson, in First Supreme Court Opinion, Defends Death Row Inmate
In her short, yet searing dissent, Justice Ketanji Brown Jackson argues that the court should have granted the petition of an Ohio man sentenced to death after prosecutors hid a key witness' severe intellectual disability from jurors.
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.
Adnan Syed's Exoneration Shows How Hard It Is To Free Innocent People
Convincing evidence of his innocence has been available for years. But the criminal legal system prioritizes procedure and bureaucracy over liberty.
Chicago's Red Light Cameras Keep Fueling Corruption Scandals
A state senator joins several local officials in federal indictments for taking bribes in exchange for contracts.
Hiring Formerly Incarcerated People Is Good, Actually
Some conservative media outlets and politicians lambast the practice. But if you care about public safety, that opposition doesn't make sense.
Manhattan D.A. To Prosecute Domestic Violence Victim for Murder After Saying It Wasn't Murder
Alvin Bragg campaigned on Tracy McCarter’s innocence. Once in office, that was apparently less politically expedient.
Ousted Progressive Prosecutor Files 1st Amendment Lawsuit Against Ron DeSantis
Former state attorney Andrew Warren says DeSantis unconstitutionally retaliated against him for his opinions, not any actions he had taken.
Sen. Rand Paul Proposes Dumping Entire Espionage Act
The law has been abused to prosecute citizens for reasons other than spying. But there are better examples than Trump to highlight problems.
Ron DeSantis Oversteps His Authority by Suspending Tampa's Elected Prosecutor
Tampa top prosecutor Andrew Warren pledged to not prosecute women seeking abortions and those pursuing gender-affirming health care.
Memphis Voters Dump Harsh D.A. in Favor of Criminal Justice Reformer
Let’s perhaps stop trying to tease national trends out of the complexities of local public safety issues.
Court Allows Sealing of Filings Related to Alleged Federal Prosecutor Misconduct
"There is no question that inaccurate statements were made by the government as part of these proceedings—to both Judge Schroeder and the undersigned"—but it appears that the details of this alleged misconduct remain sealed.
Manhattan DA Drops Murder Charge Against Jose Alba. It Never Should Have Been Filed.
The initial decision to pursue prosecution runs contrary to the campaign promises of Alvin Bragg, who claims to understand that, so often, the process is the punishment.
New Footage Shows Bodega Clerk Trying To Avoid Deadly Fight. Will Manhattan D.A. Drop the Murder Charges?
Alvin Bragg campaigned on "ending mass incarceration." But that promise apparently does not apply to Jose Alba.
Charging a Bodega Worker Who Stabbed His Attacker Isn't Criminal Justice Reform
The case of Jose Alba reminds us that progressive prosecutors don't always apply their principles when they're inconvenient.
After Chesa Boudin's Recall, What Is the Future of Criminal Justice Reform?
Research and data points may not be enough to persuade voters that something different is worth trying.
