Former federal prosecutor Dennis Aftergut comments on Wednesday’s GOP conference meeting in which House Minority Leader Kevin McCarthy attempted to distance himself from recorded comments he made immediately after the January 6 insurrection. Mr. Aftergut argues that the only way to keep our republic from falling apart is for journalists, public officials, and citizens to keep fighting for public truth.
Former federal prosecutor Dennis Aftergut argues that the January 6 House Select Committee’s new filing provides further support for the indictment of former Trump chief of staff Mark Meadows. Mr. Aftergut calls upon Attorney General Merrick Garland to fulfill his vow to uphold the Constitution by enforcing compliance with lawful congressional subpoenas.
Former federal prosecutor Dennis Aftergut comments on three recent Supreme Court decisions in which Chief Justice John Roberts joined the dissent, demonstrating that he does not carry sway in decisions on central issues such as a woman’s right to choose, voting rights, or protecting the environment. Mr. Aftergut points out that how the Justices vote in the upcoming decision in Dobbs v. Jackson Women’s Health Organization will reveal whether the Roberts Court can preserve the core principles of judicial restraint in constitutional adjudication and stare decisis—or whether it is more appropriately called the “McConnell Court.”
Former federal prosecutor Dennis Aftergut discusses three things that former President Donald Trump said that potentially demonstrate evidence of a guilty mind trying to cover up his actions. Mr. Aftergut points out that anyone who is potentially the target of an investigation—as Trump is—should resist the impulse to speak out.
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.
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.
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.
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.
Former federal prosecutor Dennis Aftergut comments on the recent flurry of feints and punches between Donald Trump and prosecutors and investigators. Mr. Aftergut explains why Fulton County District Attorney Fani Willis holds an advantage over Trump.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.