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.

Harvard Law professor emeritus Laurence H. Tribe and former federal prosecutor Dennis Aftergut comment on an order last week by Judge Beryl Howell of the U.S. District Court for the District of Columbia ordering former Trump lawyer Evan Corcoran to answer questions he had declined to answer in January before Special Counsel Jack Smith’s grand jury. Professor Tribe and Mr. Aftergut point out that lawyers are uniquely positioned to either defend democracy against tyranny or facilitate its downfall; Judge Howell’s order reaffirmed the DC district court’s commitment to the rule of law as our shield against tyranny.

Former federal prosecutor Dennis Aftergut comments on the public censure of Trump lawyer Jenna Ellis for her misrepresentations on Fox News and elsewhere regarding the outcome of the 2020 Presidential Election. Mr. Aftergut points out that now, thanks to Jenna Ellis, we have a discipline case on the record against a lawyer whose only misconduct was in misleading the public in the public square.

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.

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.

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.

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.

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.

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