Former federal prosecutor Dennis Aftergut discusses Fulton County District Attorney Fani Willis’s legal strategy in her case against Donald Trump and various co-defendants for an alleged conspiracy to overturn the 2020 election. Mr. Aftergut observes that Willis seems to be focusing on securing guilty pleas from less central co-conspirators to strengthen her case against major defendants like Trump, Rudolph Giuliani, and Sidney Powell, while potentially offering lesser charges to those willing to cooperate and testify, thereby avoiding the risk of revealing too much of her case before a full trial.
Amherst professor Austin Sarat argues that Donald Trump has weaponized free speech to undermine American democracy and legal institutions, posing a complex challenge for the judicial system and society at large. Professor Sarat emphasizes the importance of a pending legal motion for a gag order against Trump, arguing that it could be a critical step in countering the destructive effects of his inflammatory speech on the legal process and public trust.
Amherst professor Austin Sarat argues that American democracy is at a critical juncture, facing existential threats in the lead-up to the 2024 presidential election. Professor Sarat contends that Donald Trump and his supporters are sowing distrust in the electoral system by labeling legal actions against Trump as “election interference,” a strategy that is dividing public opinion and undermining faith in democratic institutions, potentially leading to dire consequences for the future of American democracy regardless of the 2024 election outcome.
Law professor and economist Neil H. Buchanan argues that mainstream media’s self-reckoning after the 2016 U.S. presidential election led to an overcompensation, which gave platforms to conservative “outside voices” that did not authentically represent the “Real America” they claimed to understand. Professor Buchanan criticizes this overcompensation for leading to an uncritical amplification of narratives like Gary Abernathy’s, which justify and perpetuate the divisive and false beliefs held by Trump supporters, while failing to meaningfully engage with the deeper issues.
Amherst professor Austin Sarat criticizes efforts by some Republicans to use the power of the purse to protect former President Donald Trump from criminal prosecutions. Professor Sarat argues that such actions are not only an abuse of power but also potentially unconstitutional, undermining the separation of powers and echoing historic misuses of legislative authority.
Former federal prosecutor Dennis Aftergut comments on the Fulton County indictment process involving Donald Trump and 18 others, including Kenneth Chesebro, who allegedly created the “fake elector” scheme. Mr. Aftergut explains the possible strategies by the prosecutor and defense, focusing on how Chesebro’s now-severed trial could pave the way for other prosecutions in the case, and provides insights into the evidence against him, emphasizing that a conviction in his trial could offer momentum for cases against Trump and other defendants.
Penn professor Marci Hamilton highlights the alarming alignment between Donald Trump and right-leaning evangelicals in undermining the rule of law, suggesting that both view it as an expendable barrier to their goals. Professor Hamilton draws attention to Trump's lawlessness and the evangelicals' belief that their religious convictions should override legal principles, creating a synergy where both groups assist each other, even as Trump faces legal accusations.
Amherst professor Austin Sarat describes the deep dissatisfaction and uncertainty surrounding the potential presidential candidates for the 2024 election, with recent polls showing neither Donald Trump nor Joe Biden as favorable choices for many Americans. Highlighting a historic level of pessimism about the country's direction, Professor Sarat warns that the upcoming “hold your nose” election, characterized by choosing the lesser of two evils, may pose a significant threat to the future of the Democratic Party and American democracy as a whole.
Cornell professor Joseph Margulies reflects on two recent high-profile legal events: the indictment of Donald Trump for allegedly subverting democracy and the death sentencing of Robert Bowers for the deadliest antisemitic attack in U.S. history. Professor Margulies suggests that these cases, viewed by many as a triumph for the rule of law, represent societal attempts to protect integral aspects of American identity, with their punishment seen as purging threats to this identity. However, Professor Margulies argues that the law should not be weaponized to decide who belongs in society, as it usurps an authority that rightfully belongs to the people.
Amherst professor Austin Sarat highlights the potential of Special Counsel Jack Smith’s indictment of former President Donald Trump as a teaching resource in civics education, particularly in understanding the intersection of free speech, political lies, and democracy. Professor Sarat argues that the indictment can help clarify First Amendment rights concerning false statements, explain the importance of federalism in the U.S. electoral system, and illustrate the roles of “moral rebels” who stood against potential autocratic behavior, thereby offering crucial insights into America’s political culture and constitutional system.
Former federal prosecutor Dennis Aftergut comments on today's announcement that federal district court judge Aileen Cannon set a May 2024 trial date in Donald Trump’s trial for obstructing justice and unlawfully taking and retaining national security documents at Mar-a-Lago after he left office. Mr. Aftergut points out that Judge Cannon “split the baby” by choosing a date between the proposals of Special Counsel Jack Smith and Trump’s lawyers but argues that the decision reveals little about whether she will treat Trump more favorably than other criminal defendants.
Former federal prosecutor Dennis Aftergut comments on the “speaking indictment” of Donald Trump and what it means. Mr. Aftergut argues that the indictment illustrates the principle no one is above the law.
Cornell professor Joseph Margulies distinguishes between the calls to prosecute officials from the George. W. Bush administration over their war crimes and the present prosecution of Donald Trump. Professor Margulies explains why he opposed prosecution of Bush but supports prosecution of Trump: Bush had the best interests of the country at heart, whereas the same cannot plausibly be said about Trump.
Former federal prosecutor Dennis Aftergut comments on the recent news that Judge Aileen Cannon has been assigned to the federal grand jury indictment of Donald Trump. Mr. Aftergut explains the possible outcomes if Judge Cannon does not recuse herself from the case and what Special Counsel Jack Smith might have in mind.
UF Levin College of Law professor and economist Neil H. Buchanan suggests a sliver of a possibility that Republicans’ attempt to impose one-party rule on the United States might fail. Professor Buchanan’ points out that Republican presidential hopeful Ron DeSantis’s argument that he, unlike Donald Trump, could hold the presidency for eight years might be the best reason for Republicans in Congress to allow him to lose.
Former federal prosecutor Dennis Aftergut critiques CNN’s “Town Hall” program Wednesday night, which commentators have described as an “infomercial” for Donald Trump to air his unsupported claims. Mr. Aftergut points out the role that media plays in legitimizing authoritarianism and calls upon CNN viewers to “vote with your remote” and send CNN a message that it should stop enabling a former President who tried to overturn the Constitution.
Former federal prosecutor Dennis Aftergut comments on a recent development in the New York criminal case against Donald Trump—his filing of a notice to remove. Mr. Aftergut explains that this maneuver is simply a delay tactic and argues that Trump’s legal assertions are unlikely to succeed.
Former federal prosecutor Dennis Aftergut comments on the 10-page letter from lawyers of former President Donald Trump to Rep. Mike Turner, chair of the House Intelligence Committee. Mr. Aftergut points out that Special Counsel Jack Smith has significant evidence that contradicts many of the claims in the letter, and the weakness of the letter suggests Trump has no viable defense against the likely obstruction charge.
Barry Winograd comments on the recent New York grand jury indictment of Donald Trump, specifically noting key points that most political and legal commentary seems to overlook. Mr. Winograd points out seven things that the public should keep in mind as the case progresses.
Cornell Law professor Michael C. Dorf explains why, if Donald Trump wins the 2024 Presidential Election, there is a genuine possibility that he would serve some or all of a presidential term while in prison. Professor Dorf points out that while the best reading of the Constitution would render Trump ineligible to serve as President while in prison, the only actors authorized to declare him ineligible would be extremely unlikely to do so.
