Tag: Law

It’s Fraud All the Way Down at the Trump Organization

In the 222-page lawsuit, James lays out how the Trump Organization created billions of dollars of value for its various properties out of thin air. The company and its top lieutenants are described as defying basic accounting practices, avoiding independent valuations, and pressuring appraisers to highball or lowball their estimates, depending on whether or not […]

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Congress Is Racing to Coup-Proof the Next Presidential Election

The House and Senate bills are substantially similar, but there are a few critical differences. Both measures would clarify that the vice president has only a ministerial role on January 6, rather than unilateral power to accept or reject state-certified electoral votes. It was Trump attorney John Eastman who suggested that the vice president has […]

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Trump’s Legal Defense in the Mar-a-Lago Case Is Crumbling

It would be a scandal in and of itself if national secrets lost their legal protections simply because the president wanted to read them in bed. Overclassification is a perennial problem with the federal government. But it is safe to say that at least some of what reaches the president is classified for a very […]

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Why Lindsey Graham Must Testify in Georgia

When the Framers of our Constitution drafted our nation’s charter roughly 100 years later, they included a clause that is almost identical to its British counterpart. The few shreds of published debate about the clause suggest that the Framers hoped it would preserve open and honest debate in Congress. As James Wilson, a delegate to […]

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Judge Aileen Cannon Thinks Poor Donald Trump May Be Stigmatized

Here’s the kicker. Cannon says, “Plaintiff has claimed injury from the threat of future prosecution and the serious, often indelible stigma associated therewith.” Well, yes, Trump may be harmed—because there is probable cause to believe crimes have been committed and the FBI may have evidence of it. Trump is in a world of legal trouble […]

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The Supreme Court Gets a Chance to Revisit America’s Imperialist Past

There is no way to know in advance whether the justices will take up a specific case. If they decline to do so here, they may be influenced by the arguments raised by the government of American Samoa itself, which opposed the plaintiffs’ effort to get the courts to extend birthright citizenship to the territories. […]

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Stephen Miller Spent the Trump Years Testing the Bounds of Executive Authority. Now He’s Testing the Legal System.

In addition to America First Legal, CPI last year spawned the Center for Renewing America, another culture-war group, headed by Russ Vought, former director of Trump’s Office of Management and Budget, and the Election Integrity Network, chaired by Cleta Mitchell, who was on the famous phone call where Trump urged Georgia Secretary of State Brad […]

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MIT cognitive scientists win Ig Nobel for shedding light on legalese

Two MIT scientists from the Department of Brain and Cognitive Sciences (BCS) are among this year’s winners of the Ig Nobel Prize, the satiric award celebrating “achievements that first make people laugh, and then make them think.” BCS professor Edward “Ted” Gibson and graduate student Eric Martinez, along with former MIT visiting researcher Francis Mollica, […]

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Delaying a Vote on Same-Sex Marriage Isn’t a Death Knell

But wait! Why not just hold the vote before the election, and then bring it up for a second vote afterwards? Well, there are several problems with that strategy. Number one: The bipartisan group asked Schumer for more time, so if he overruled them and brought it up for a vote anyway, that would seriously […]

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Trump’s Personal Coup Lawyer Looks to the Supreme Court for His Next Election Fix

When it comes to originalist views on the matter, the lawmakers conceded that a few early state constitutions imposed limits on state laws for federal elections. Instead of treating this as evidence that it was not unthinkable during the founding era, they argued that these laws’ existence leads them to the opposite conclusion. “The three […]

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The Rise of Right-Wing Hacks in Federal Courts

[In] this new age of legal Calvinball, one side invents new “rules” and then the other scrambles to try to play by them. For every single legal thinker who read the Mar-a-Lago order to mean, quite correctly, that ex-presidents are above the law, furrowing your brow and pointing out its grievous errors only takes you […]

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Conservatives Want You to Die for Their Personal Beliefs

Conservative commentators have characterized gay men as sex-crazed perverts who lack the self-control to stay away from orgies like the “gay San Francisco fuckfest” (podcaster Steven Crowder’s words) that coddling Democrats refused to clamp down on. The Federalist’s Chad Felix Greene, a self-described gay conservative, wrote that it “really isn’t too much to ask for […]

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It Turns Out There Are “Trump Judges” After All

Then again, Trump’s approach to the American legal system always comes down to two propositions. First, he consistently argues that he is above the law. Naturally, Trump and his lawyers are not quite foolish enough to argue this in so many words. But they come as close as they can to stating it. While president, […]

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Trump’s Latest Mar-a-Lago Court Order ‘Just Doesn’t Make Any Sense’

Former president Donald Trump speaks to supporters at a rally to support local candidates at the Mohegan Sun Arena on September 03, 2022 in Wilkes-Barre, Pennsylvania. (Photo by Spencer Platt/Getty Images) A chorus of legal experts declared themselves baffled and disturbed by a South Florida judge’s stunning decision Monday to raise a new roadblock in […]

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Trump Is Having a Nuclear Meltdown on His Sad Social Media Platform

In a 36-page filing released on Tuesday, the Department of Justice swatted away Trump’s flimsy defenses. They made it apparent that the former president’s attorneys had lied to them when they insisted that all classified documents had been returned and that Trump “lacks standing to seek judicial relief or oversight as to presidential records because those […]

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Here Are the Possible Outcomes of a Trump Prosecution. They’re All Bad.

While prosecutors are likely to point out that letting Trump go unpunished opens the door to dictatorship, the Supreme Court is also likely to accept the counter argument that the Constitution already provides a method to deal with wannabe dictators who break the law: impeachment. The Supreme Court would happily ignore the reality that in […]

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Can the Conservative Legal Movement Stop Biden’s Student-Loan Relief Plans?

So why hasn’t anyone hauled the Biden administration into court to stop it? One problem for any potential lawsuit is finding a plaintiff for it. Time magazine reported this week that conservative legal activists are currently searching for someone who might have standing to challenge the order in court. But that requires someone who suffered […]

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With a Single Word, Ted Cruz Gave the Game Away About the Right-Wing Supreme Court

In this case, I think the Texas senator’s complaints fairly neatly expose what’s at work: Cruz sees the high court’s conservative majority as a “victory” in an ongoing ideological project. And he’s not wrong—that is precisely how the court’s conservative bloc see it as well. Their end goal has long been apparent: They want to kneecap […]

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A Rare Peek Inside the Vast Right-Wing Conspiracy

For more than four decades, the Council for National Policy, or CNP, has functioned as the secret hub of the radical right, coordinating the activities of right-wing strategists, donors, media platforms, and activists. Its membership and meetings have long been undisclosed, but over the past two years, a number of them have been brought to […]

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The Abortion Fight Has Entered a New Phase, and We Need New Tactics

The private sector has a role to play. My politics have always envisioned the ultimate diminishment of the power of the private sector, yet the truth is that today it has all the money. The U.S. government is practically the dusty rear sub-basement of global capital. The Supreme Court is rogue and the Democratic Party […]

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Safe Haven “Baby Boxes” Are a Medieval Horror Show

These boxes are literally just that—a box about the size of a wall oven where a mother can leave her baby. They are copies of another medieval Italian invention, the ruota, the abandonment wheels that were embedded in the windows of foundling homes across Italy. With a turn of the wheel, the infant rotated inside […]

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No, the Inflation Reduction Act Did Not “Overturn” West Virginia v. EPA

“What’s really the issue is what sort of regulations other provisions in the [Clean Air Act] authorize. That was the issue in West Virginia v. EPA and I don’t see anything in the IRA that effects that,” explains Jonathan Adler, director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve […]

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What Joe Biden Can Learn From Stephen Miller (Yes, Seriously)

The president already seems to be cautiously dipping his toes into these waters, with the administration having issued a guidance in the aftermath of the Supreme Court’s precedent-shattering overturn of Roe v. Wade warning doctors and hospitals that a failure to treat pregnancy-related conditions that threaten the life of the parent, up to and including […]

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Looking for a Thankless Job Opportunity? Join the Trump Legal Team Today!

Criminal defense experience is particularly important. As of this writing, Trump faces a potential grand jury investigation in Georgia for tampering with election officials in 2020 and a probe by local Manhattan prosecutors into the Trump Organization’s shoddy accounting practices. The New York attorney general’s office is conducting a civil investigation into similar matters. The […]

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Looking for a Thankless Job Opportunity? Join the Trump Legal Team Today!

Criminal defense experience is particularly important. As of this writing, Trump faces a potential grand jury investigation in Georgia for tampering with election officials in 2020 and a probe by local Manhattan prosecutors into the Trump Organization’s shoddy accounting practices. The New York attorney general’s office is conducting a civil investigation into similar matters. The […]

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Trump’s Republican Defenders Inexplicably Forgot to Expect the Worst

This inclination to avoid commenting was strategic on two levels. For one, many Republicans apparently considered it unwise to criticize Trump lest they become victims of his wrath, as many other anti-Trump Republicans became over the four years of his presidency. As for defending Trump when they agreed with him, there was another strong point […]

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The Slandering of Merrick Garland

It won’t be possible to escape the politicization of a DOJ investigation into Trump; some matters are beyond Garland’s control. But let’s note how Trump’s allies are responding: They’re foaming at the mouth about Garland being a corrupt autocrat whose actions are like unto dictatorships. As MSNBC’s Steve Benen pointed out, the seeds of this […]

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OnlyFans Model Charged with Murder of Boyfriend

OnlyFans Model Charged with Murder of Boyfriend Advertisement But does Jeffrey have a point? Consider Ma’Khia Bryant. She was allegedly protecting herself with a knife when her foster sisters attacked her. Though, upon seeing the weapon in her hand, officers barely gave her a few minutes to react before they shot her dead. Clenney, on […]

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The GOP Belatedly Embraces “Defund the Police”

The larger message on the right, and in every facet of the Republican Party, was that investigating Donald Trump was akin to the way a banana republic operates, a clear abuse of power aimed at clipping the feathers of a political rival. It goes without saying that the tinpot dictators who run banana republics don’t […]

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Donald Trump Is Not Above the Law

Second, and just as importantly, the FBI should be able to execute lawful search warrants against former presidents. Trump spent his presidency arguing before judges that whoever happens to be president should be broadly immune from civil litigation, criminal investigations, and congressional oversight while in office. The courts, up to and including the Supreme Court, […]

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