Former federal prosecutor Dennis Aftergut comments on the House Judiciary Committee minority members’ staff report in which Republican members of the committee are seeking to undermine the FBI by portraying it as partisan and dishonest. Mr. Aftergut points out that the report disregards facts in an attempt—consistent with other Republican efforts—to confuse the public about who is telling the truth so that ordinary people busy with their lives disengage and give up trying to figure out the facts. He argues that if Republicans achieve a majority in Tuesday’s midterm election, they will turn America’s premier law enforcement agency into a McCarthy-esque inquisitorial tool in their anticipated Republican presidential administration.
Former federal prosecutor Dennis Aftergut explains the stakes of the upcoming election with respect to the shape and legitimacy of the federal courts. Mr. Aftergut points to numerous recent examples of federal district courts and courts of appeals fulfilling their role as factfinders and seekers of truth amid a country awash in election lies and conspiracy theories.
Amherst professor Austin Sarat comments on Senator Lindsay Graham’s proposed national 15-week abortion ban. Professor Sarat points out that the proposed bill contradicts his—and other anti-abortion Republicans, including Supreme Court Justices who voted to overturn Roe v. Wade—claim that the question of abortion should be decided by each state legislature.
Amherst professor Austin Sarat praises President Biden’s speech last Thursday as a much-needed reminder that Americans should settle their differences through voting not violence. Professor Sarat points out that today’s threat of political violence comes overwhelmingly from the political right, not the left, and from people who are not “lone wolves” but part of a broader community that echoes their violent ideas.
Cornell Law professor Joseph Margulies responds to an angry reader’s email response to his previous column, observing that anger can be a productive and healthy emotion but can also be all-consuming and destructive. Professor Margulies suggests that arguing over whose anger is righteous and whose is not is not productive; instead, we need something that strides above the arguments, a set of ideals against which we can measure whether a particular species of anger is one that society should honor and encourage.
UF Levin College of Law professor Neil H. Buchanan points out that some Democratic elites are complicit in the decline of American constitutional democracy when they support conservative policies and talking points in order to preserve their own personal comfort. Professor Buchanan points to the acceptance of the empty idea of “cancel culture” and the rejection of progressive prosecutors as two examples of this complicity.
Former federal prosecutor Dennis Aftergut describes three future-oriented questions the House Select Committee investigating January 6 poses to all Americans: (1) Do we choose to live in a fact-based world? (2) Do we recognize the danger that Trump’s continuing Big Lie poses to our ability to choose our own leaders? And (3) if we do, will we demand accountability for those whose misdeeds still threaten us?
UF Levin College of Law professor and economist Neil H. Buchanan argues that the political posturing about inflation in this country is becoming increasingly ridiculous. Professor Buchanan points out that we have no idea what is an acceptable (or unacceptable) level of inflation and that despite endlessly criticizing Democrats in power for higher rates of inflation, Republicans have proposed no plan for how to reduce inflation.
Former federal prosecutor Dennis Aftergut argues that because the facts are not on their side, Trump supporters’ main ploy in combating the January 6 Committee will be simply to take advantage of media “both-siderism” to confuse Americans. Mr. Aftergut points out that the promulgators of both-siderism are counting on Americans taking recycled disinformation at face value and treating it as equivalent to testimony under oath and documents that don’t lie.
Former federal prosecutor Dennis Aftergut comments on the acquittal of Clinton campaign lawyer Michael Sussman and what it means for former U.S. Attorney John Durham and former Trump Attorney General William Bar. Mr. Aftergut points out that all of Durham’s prosecutions, including another he has set for trial in October, are about facts that post-date the fully legitimate launch of the FBI’s 2016 Trump-Russia investigation, precluding any possibility of showing that investigation was a “hoax.”
Former federal prosecutor Dennis Aftergut comments on the news that several Republic primary candidates that former President Donald Trump endorsed lost their elections. Mr. Aftergut argues that individuals have the power, acting together and alone, to resist evil and fortify truth telling
Amherst professor Austin Sarat comments on the uniquely problematic conduct of Supreme Court Justice Clarence Thomas and his wife Virginia (Ginni).
Illinois Law dean Vikram David Amar and professor Jason Mazzone offer ten thoughts on Illinois’s unique process for filling state supreme court vacancies. Dean Amar and Professor Mazzone describe some of the advantages and disadvantages of Illinois’s process, and they compare and contrast it to other similar processes in government.
Former federal prosecutor Dennis Aftergut comments on today’s Senate vote over whether to codify Roe v. Wade—particularly the positions of Senators Susan Collins and Lisa Murkowski, who claim to be pro-choice but seem poised not to support the bill. Mr. Aftergut describes the two competing Senate bills and explains that the key difference is whether the bill will be exempt from the filibuster.
In this second of a two-part series of columns, UF Levin College of Law professor and economist Neil H. Buchanan explains why “The Handmaid’s Tale” is a pre-documentary—not in that it predicts what literally will happen in the United States, but in that it accurately describes America’s shift toward becoming a dystopia. Professor Buchanan points out that the mechanisms are already in place for an autocratic government to dispossess citizens of their property, and the rest can be changed at will.
Former federal prosecutor Dennis Aftergut comments on a report by the U.S. Department of Homeland Security’s Inspector General that in mid-2020, Trump administration officials in that department delayed and altered an intelligence study reporting on Russian interference in America’s 2020 presidential election. Mr. Aftergut describes three reasons the DHS inspector general’s report is important and calls on all Americans to ensure the next Congress has a majority of representatives committed to preserving our constitutional republic.
In this first of a two-part series of columns, UF Levin College of Law professor and economist Neil H. Buchanan explains why the financial situation in ‘The Handmaid’s Tale’ (specifically, the TV series version based on Margaret Atwood’s 1985 novel) is entirely possible in real life under current US law. Professor Buchanan points out that currency is merely a construct based on perceived value, and strategic changes in policies by an autocratic government could easily deprive anyone of money they think is “theirs.”
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 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.
UF Levin College of Law professor and economist Neil H. Buchanan argues that the label of “cancel culture” is a vacant concept, but because of its now widespread use, we should overuse the phrase so as to dilute and mock it. Professor Buchanan points out that, despite current popular opinion, the right to speak is not the same as a right to have other people listen.