Dennis Aftergut
Dennis Aftergut

Dennis Aftergut has won cases of significance in the United States Supreme Court and the California Supreme Court. He is a former federal prosecutor and Chief Assistant City Attorney in San Francisco. During his tenure with the San Francisco City Attorney’s Office, he was named a “Lawyer of the Year” by California Lawyer Magazine for his work defending San Francisco’s Equal Benefits Ordinance. Mr. Aftergut is the co-founder of Oak Hill School and the Coalition to Preserve, Protect & Defend, a nonprofit organization devoted to upholding the rule of law.

Columns by Dennis Aftergut
Bill Barr’s New Book: More Reputation Make-over Than Truth

Former federal prosecutor Dennis Aftergut opines that former Attorney General William Barr’s forthcoming memoir glosses over Barr’s substantial role in Donald Trump’s effort to undermine democracy. Mr. Aftergut argues that Barr damaged the Justice Department’s reputation for integrity, and no memoir can make up for that.

An Ex-U.S. Attorney Cuts to the Chase About Prosecuting Trump. Is Attorney General Garland Doing the Same?

Harvard Law professor Laurence H. Tribe and former federal prosecutor Dennis Aftergut comment on the model prosecution memo that former U.S. Attorney Barbara McQuade recently published describing how to indict former President Donald Trump for his criminal actions with respect to the 2020 presidential election. Professor Tribe and Mr. Aftergut explain why the memo is so effective, how it should influence Attorney General Merrick Garland, and why seeking an indictment is critical to preventing future lawless action.

Mazars’ Resignation Shows Investigators Squeezing Trump’s Pocketbook Today, Not Just His Liberty Tomorrow

Former federal prosecutor Dennis Aftergut comments on the recent news that Mazars—Donald Trump’s long-time New York accounting firm—disclaimed the veracity of Trump’s financial statements. Mr. Aftergut explains that this development is particularly significant because it will likely threaten Trump’s ability to stay financially afloat, particularly amid other ongoing investigations into his conduct.

The DOJ Gets Aggressive in January 6 Prosecutions. Are Cases About the Pre-January 6 Coup Plot Next?

Former federal prosecutor Dennis Aftergut comments on recent revelations about how the Department of Justice is handling cases arising from the January 6 attack on the U.S. Capitol. Mr. Aftergut observes that the DOJ shows every intention of handling those cases aggressively.

Judge’s Ruling Helps January 6 Committee Zero in on Trump Lawyer’s Emails

Dennis Aftergut, a former federal prosecutor, explains how a recent ruling by a federal judge in Santa Ana, California, helps the House Select Committee investigating the January 6 attack get closer to obtaining emails from former Trump lawyer John Eastman. Mr. Aftergut argues that disclosure of Eastman’s emails would advance the committee’s search for truth, and with it, strengthened hope for preventing another insurrection.

The Supreme Court’s Stealth Attack on Expertise Helps Pave the Way for Authoritarianism

Amherst professor Austin Sarat and former federal prosecutor Dennis Aftergut point out that in the U.S. Supreme Court’s recent decision in National Federation of Independent Businesses v. Department of Labor, the conservative majority continues the right-wing assault on knowledge and expertise. Professor Sarat and Mr. Aftergut argue that the conservative attack on regulatory agencies and the expertise they represent is a classic indicator of creeping totalitarianism—the blurring of the distinction between fact and fiction.

In the Sentencing of Ahmaud Arbery’s Killers, the Justice System Operated at its Best

Former federal prosecutor Dennis Aftergut argues that the sentencing of Ahmaud Arbery’s killers last week demonstrated institutions and individuals within the judicial system operating at their best. Mr. Aftergut praises Judge Timothy Walmsley in particular for listening attentively to the victim impact statements and for deliberating on them before handing down the sentences.

Police Killings Continue Even As Racial Justice Movement Changes America

Former federal prosecutor Dennis Aftergut reflects on what has been different about 2021 with respect to police killings (and what has remained the same). He asks whether 2022 will bring about progress for the rights to be safe, to choose, to vote, or some other expansion of freedom, and calls upon all Americans to act to secure those rights.

After Roe, The Coming Fight to End All Abortions Everywhere

Amherst professor Austin Sarat and former federal prosecutor Dennis Aftergut comment on a case in which the U.S. Supreme Court recently heard oral arguments that gives the Court an opportunity to overturn Roe v. Wade and related cases recognizing a constitutional right to abortion. Sarat and Aftergut point out that if the Court abandons Roe, that will ultimately spell the end of abortion rights in all states.

Alito, Texas Abortion and the Shadow Docket: Déjà vu All Over Again?

Amherst professor Austin Sarat and former federal prosecutor Dennis Aftergut comment on the U.S. Supreme Court’s increasing tendency to decide high-profile and far-reaching cases via its “shadow docket”—without oral argument or full briefing. Professor Sarat and Mr. Aftergut point out that recent remarks by Justice Samuel Alito reinforce the view that the Court has a partisan agenda that is increasingly out of step with the beliefs and values of the American people.

Capitol Police Officer Reminds Americans That Saving Democracy Requires Courage

Amherst College professor Austin Sarat and former federal prosecutor Dennis Aftergut comment on an interview of Capitol Police Officer Michael Byrd regarding his role defending against the January 6 riot, and on Donald Trump’s response to Byrd. Professor Sarat and Mr. Aftergut argue that Byrd’s interview reminds us that the best way to deal with a bully who is himself a coward is to call his bluff.

Tucker Carlson, Viktor Orban, and the Trump/Republican Embrace of Authoritarian Violence

Amherst College professor Austin Sarat and former federal prosecutor Dennis Aftergut explain what Fox News host Tucker Carlson really means when he praises Hungary and its dictator Viktor Orban. The authors point out that Carlson and many Trump loyalists in the Republican Party want, and seem ready to use violence to achieve, a radical undoing of America that redefines both what this country stands for and what it means to be an American citizen.

How to Repair the Damage Done by Donald Trump

Austin Sarat, Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College, and Dennis Aftergut, a former federal prosecutor, describe how the United States can repair the damage to democracy done over the last four years by Donald Trump. Sarat and Aftergut point out the numerous times in American history that have witnessed repairs after serious damage, including President Ford’s reform of the Justice Department after Watergate and President Roosevelt’s New Deal reform after Hoover’s laissez-faire response to the Depression.

Dear House Judiciary Committee: In Questioning William Barr, Employ the Ethics Complaint That 27 Distinguished DC Lawyers Filed Wednesday

Frederick Baron, former associate deputy attorney general and director of the Executive Office for National Security in the Department of Justice, Dennis Aftergut, a former federal prosecutor, and Austin Sarat, Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College, call upon the House Judiciary Committee to carefully read the ethics complaint by 27 distinguished DC lawyers against William Barr before questioning him today, July 28, 2020.