Tag Archives: Donald Trump
Neither Biden nor Trump Will Be Charged with any Unlawful Conduct Resulting from Their Possession of Classified Documents, but for Very Different Reasons

Criminal defense attorney and former federal prosecutor Jon May describes the similarities and differences between the possession of classified documents by former President Trump and President Biden. Mr. May argues that neither is likely to lead to charges based on federal criminal statutes, but for vastly different reasons.

What Role, If Any, Should Hatred Play in the Justice Department’s Investigation of Donald Trump?

Amherst professor Austin Sarat comments on remarks by former President Donald Trump that Special Prosecutor Jack Smith, who was appointed by Attorney General Merrick Garland to supervise the Justice Department’s investigation of Trump, is motivated by hatred of Trump. Professor Sarat points out that Trump’s perception that those who oppose him hate him epitomizes narcissism and that psychologists have characterized Trump as personalizing every conflict and seeing every political relationship as transactional.

Merrick Garland Stays on Offense Against Trumpist Violence

Former federal prosecutor Dennis Aftergut comments on Monday’s news that the January 6 committee approved criminal referrals for former President Donald Trump, John Eastman, and others. Mr. Aftergut argues that consistent prosecution and conviction of those who engage in political violence—not only those who participated on January 6, but also those who have done so afterwards—are vital to deterring future disorder.

Why the United States Faces an Uphill Battle Convicting Donald Trump for Unlawfully Removing Government Documents From the White House and Concealing Them at Mar-a-Lago

Attorney Jon May discusses what offenses former President Donald Trump is likely to be charged with, and why the government may fail to convict him for any of those offenses. Specifically, Mr. May addresses the issues with each of the three statutes listed on the search warrant authorizing the search of Mar-a-Lago.

The United States v. Donald J. Trump: The Prosecution of a National Security Case

Attorney Jon May predicts that within the next six months, former President Donald Trump will be indicted for violating the Espionage Act arising from his possession of classified documents after he left the White House. Mr. May describes some of the challenges that potentially classified evidence poses for both Trump’s defense and for the prosecution.

Justice Comes to John Durham’s and Bill Barr’s Political Prosecution

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.”

Individuals, Acting Together and Alone, Flex Some Muscle for What Unites Us

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

NY AG Tish James Won’t Be Fooled by Donald Trump’s Dodgy Affidavit to Escape His New York Court Contempt

Former federal prosecutor Dennis Aftergut points out that Donald Trump’s attempt to avoid being held in contempt of New York court for failing to respond to a document subpoena closely tracks an approach described by Nixon White House aide John Ehrlichman during the Watergate scandal. Mr. Aftergut predicts that New York Attorney General Letitia James is unlikely to fall for that tactic and is sure to go after Trump’s “limited, modified hang-out” to try to avoid accountability and the hand of justice.

Trump Gives An Interview That Will Have Investigators Licking Their Chops

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.

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.

Will Trump’s Narcissism Save the Republican Party and America?

Amherst professor Austin Sarat observes that former President Donald Trump’s narcissism and obsessive, compulsive refusal to talk about anything other than the 2020 election is beginning to turn off even some of his longtime allies. Professor Sarat argues that while Trump’s waning popularity might be bad for him and his most ardent supporters, it might save the Republican Party and the United States from Trump himself.

Prosecuting Trump May Be Right but Unwise

Amherst professor Austin Sarat explains why, even if there is a strong legal case for prosecuting former president Donald Trump for inciting the January 6 insurrection, doing so may not be the wisest thing to do. Professor Sarat suggests that the Attorney General can and should put together a record for history to judge, but going forward with even a well-grounded prosecution of Trump would almost certainly turn him into a martyr and bring this country ever closer to the abyss it is already fast approaching.

What Facebook and its Oversight Board Got Right and Wrong in the Trump Case

Cornell Law professor Michael C. Dorf comments on last week’s announcement by the Facebook Oversight Board with its verdict regarding the company’s treatment of former President Donald Trump’s suspended account. Professor Dorf argues that the Board’s ruling makes sense in many respects, but makes two mutually exclusive demands of Facebook: clear rules for the sake of predictability and at the same time, flexibility for moderators to consider the individual context of a situation.

Would Senate Republicans Abandon Their Baseless Arguments if There Were a Secret Ballot?

UF Levin College of Law professor and economist Neil H. Buchanan considers whether a secret ballot is a good idea, or even permissible, in former President Trump’s impeachment trial. Professor Buchanan ultimately takes no position on the question of a secret ballot, suggesting that it might simply be an easy way out for Senate Republicans; he argues that what matters most is that the trial go forward, revealing an open-and-shut case against Donald Trump.

Why Georgia Should Take the Lead in Holding President Trump Accountable for His Crimes Against Democracy

Austin Sarat—Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College—and history teacher John deVille argue that George should take the lead in holding Donald Trump accountable for crimes against democracy. Professor Sarat and Mr. deVille point out that a criminal trial with Trump in the dock would be both “a galvanizing national seminar on democratic values” and “a chance for officers of the court to question the President in a forum where he could neither obfuscate nor intimidate.”

Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks.

One More for the Road: Why Congress Must Impeach Donald Trump (Again)

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, makes the case for impeaching Donald Trump again, after the failed insurrection of January 6. Falvy describes three possible ways to disempower Trump from undermining democracy in our nation and explains why immediate impeachment by the House and removal by the Senate is the most appropriate course of action.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more