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.
UF Levin College of Law professor and economist Neil H. Buchanan, Cornell Law professor Michael C. Dorf, and Harvard Law professor emeritus Laurence H. Tribe explain why President Trump’s plan to win the election through a forced decision by the U.S. House of Representatives relies on an incorrect reading of the plain text of the Twelfth Amendment of the Constitution. The authors argue, even in a best-case scenario for Trump, in which the electoral votes of Pennsylvania are thrown out, Biden would still win with a majority of the resulting electoral votes and the House would simply not have the legal authority to vote on an election that had already been decided.