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LATimes Sr Legal Affairs Columnist. Host & exec prod, Talking Feds Pod. FCA Lawyer. Teach con law at UCSD& UCLA. Senior Fellow USC. Former US Atty, Dep Assis AG.

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Posts: 88

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Published: January 10, 2025 16:03

Jackson as well--isn't burden here on your relationship with ByteDance, a foreign corp, and your ability to associate with it, rather than on TikTok's speech directly? You want to use ByteDance's algorithm and associate w/ ByteDance and Congress has…

Published: January 10, 2025 15:59

Barrett seems in sync with Barrett -- issue here is third party choice by ByteDance, with incidental effects on TikTok. Hope against hope for this Term is that Barrett and Kagan emerge as a two-person bloc, making the Court a 3 (Thomas Alito Gorsuch) 2…

Published: January 10, 2025 15:38

Kagan asks TikTok attorney whether first amendment burdens are incidental, which would implicate different first amendment analysis than the straight up strict scrutiny that TikTok is asking for. The question of standard of review -- strict scrutiny or…

Published: January 10, 2025 15:14

Trump's conduct of a piece with how he was at trial -- scowling and shaking head but otherwise staying quiet and not acting up. Courtroom not his theater and he's not in charge there. Then he would go outside and rail at a press conference and raise $ off…

Published: January 10, 2025 15:12

Merchan decided not to give Trump a stern tongue-wagging, and Trump decided not to go nuclear. So both make 1 main point, +- quietly: Trump: election exonerates me; Merchan: Trump the person guilty of serious crimes; Trump the Pres has protections but…

Published: January 10, 2025 15:10

Merchan bottom line: “Donald Trump the ordinary citizen, Donald Trump the criminal defendant” would not be entitled to the protections of the presidency. It's the office that shields him from the seriousness of the verdict. Leaves bench That's it Both…

Published: January 10, 2025 15:03

“I was treated very, very unfairly, and I thank you very much,” Trump concludes. That's it. Tries to redefine the case, quietly, but doesn't do any greater histrionics. Fairly mild compared to what it possibly could have been. He will of course down in…

Published: January 10, 2025 14:54

Not a surprise exactly, but Blanche is set to be Deputy AG of the DOJ, and it is clear that his first principle of justice is dogged defense of Trump, not justice w/o fear or favor. He tells Merchan illegitimate and just meant to interfere with election.

Published: January 10, 2025 14:45

Trump shaking his head repeatedly as court and prosecutors reiterate the fact of conviction and evidence. He will have a chance to speak during the hearing. expect at a minimum insistence of full innocence and exoneration and attack on the court and…

Published: January 10, 2025 04:12

Just to review bidding, Cannon's injunction is completely lawless at this point.She said it would last until three days after the 11 circuit rule, which it did today. What is the possible legal justification for keeping it in play after the 11th circuit…

Published: January 10, 2025 04:09

Taking the hint from the 11th Circuit, the DOJ now has appealed Judge Cannon's injunction, with which, while crazy, they are complying for now. It will be really interesting to see if the 11th Circuit jumps on it and provides quick relief and also what it…

Published: January 10, 2025 03:39

Tomorrow sentencing could be a total circus & not in a good way. Trump basically knows that there's nothing further Merchan can do to him, so he might be incredibly disrespectful and even contemptuous. Merchan can't even order the marshals to take him in…

Published: January 10, 2025 01:10

Even though Cannon's order is bogus, especially the 3 extra days after 11th circuit rules part, I think 11th circuit order, which tells DOJ is must go to Cannon for relief there, means that even volume 1 of the Report doesn't get released before Monday.…

Published: January 10, 2025 01:04

Will Trump now file emergency motion in Supreme Court to block Smith report? He has basically no claim, so quite likely to lose even with this Court. But that's never stopped him before. But what about the DOJ? if it wants to release report it now has to…

Published: January 10, 2025 01:00

Boom boom. 11th circuit denies emergency motion, for which Trump had filed brief in support, to block Smith report. But doesn't remove Cannon's lawless order giving another 3 days from 11th circuit holding, w/ no basis whatsoever. Just tells DOJ they can…

Published: January 10, 2025 00:56

and 11th circuit did not take up DOJ invitation to rule on the merits of their appeal from Cannon's dismissal, so that anomaly remains. If it's still undecided on 1/20, will be quite a dilemma for new Trump DOJ. DOJ interest clearly for reversal, but…

Published: January 10, 2025 00:47

Interesting question/supposition from @profmmurray.bsky.social about possible impact of Alito's plainly improper phone conversation -- who cares what it was about? -- with Trump while application pending. Trump plainly wanted to influence him, and Alito…

Published: January 10, 2025 00:44

"The reason the Court should reject Trump’s claim is that the automatic appealability principle should not apply where the defendant is objecting to the introduction of evidence in a completed trial." There’s No Irreparable Injury Here.…

Published: January 10, 2025 00:43

Not clear if it made the actual difference, but notice that the court ruling is a specific vindication for Justice Merchan's decision to announce in advance that he would be giving Trump an unconditional discharge. That figures in the courts holding that…

Published: January 10, 2025 00:39

The Court's entire reasoning: 1. the alleged evidentiary violations at state trial can be addressed in the ordinary course on appeal. 2. Second, the burden that sentencing will impose on his responsibilities is relatively insubstantial given sentence of…

Published: January 10, 2025 00:36

it's a glass half-full half-empty situation; or a well-pyramid problem. On the one hand, Roberts keeps the Court from another outrageous pro-Trump intervention. On the other, 4 justices including Kavanaugh were ready to do it. Competing headlines really.…

Published: January 10, 2025 00:34

Must have been an interesting day at the Court. note that Kavanaugh nearly always goes with Roberts -- the two were in the majority like 95% of the time last Term. So the big story here is definitely Roberts. And note further that no real legal issue at…

Published: January 10, 2025 00:26

The 5 did basically go with the no irreparable injury for evidentiary claims analysis in this substack of yesterday. Mention it not to toot my own horn but b/c it's a fuller treatment of the issue that swayed the Court. There’s No Irreparable Injury…

Published: January 9, 2025 19:45

@stevevladeck.bsky.social on Trumps NY stay attempt “that seems to be the real purpose of this enterprise—not to protect Trump from the inconvenience of spending a brief amount of time on Zoom, but to protect him from having the moniker “convicted felon”…

Published: January 9, 2025 02:08

@billkristolbulwark.bsky.social makes the excellent point that the whitewashing of January 6 was key to Trump's comeback to his victory. The full and truthful account is crucial to our history and our politics. Release Jack Smith’s Report…

Published: January 9, 2025 01:44

As always, @ianmastersmedia.bsky.social covers a ton of ground but the Orwell point lets me explain why the stakes of Trump's motion to get the Supreme Court to save his skin once again are huge. Thanks for having me. [contains quote post or other…

Published: January 9, 2025 01:41

Just talked on @allinwithchris.bsky.social about how the court could figure out a way to rule for Trump. It's all explained in greater detail here, along with the flaw at the court would be overlooking to do it. [contains quote post or other embedded…

Published: January 8, 2025 23:20

Trump effort to forestall sentencing already at Supreme Court--I have an entry in the Talking Feds substack on that--and look out for another emergency appeal in the Smith report release now at 11th Circuit. Looking forward to discussing these twin comets…

Published: January 7, 2025 23:12

Ugh. It's a grab bag of provisions to disenfranchise voters that are disproportionately Dems based on lies about risks of fraud in current system. Need to push back however possible and follow @marcelias.bsky.social 's reports [contains quote post or…

Published: January 7, 2025 23:08

Feels like an ugly day, with portents of Trump 2.0 everywhere you look, inc. this gem from his presser: “Gas heater is much less expensive. The heat is much better. It’s a much better heat. Uh, as the expression goes, ‘You don’t itch.’ Does anybody have a…

Published: January 7, 2025 18:18

The total nightmare scenario is if Trump manages to keep the Dmith report bottled up until the inauguration, after which he can do his Orwellian best to erase it from history. At bare minimum, DOJ should lodge it in a court that is considering Trump's…

Published: January 7, 2025 18:15

Trump has no real arguments to block the release of the 1/6 volume of Smith's report. His lawyer sent a letter to Garland yesterday saying it would just be a "publicity stunt" that would ignore Trump's "total exoneration" in the election. I'll be doing a…

Published: January 7, 2025 18:14

Smith and DOJ obviously anticipated the action in Cannon Court. Smith is preparing, and will deliver as soon as this afternoon, a two volume report, presumably one on each case. Cannon might try, but she shouldn't be able to interfere with volume one on…

Published: January 7, 2025 17:29

A little more detail on Cannon's intervention in the issue of the release of the Smith report. De Olivera and Nauta also moved in the 11th circuit, which has the appeal from her dismissal, for identical relief and asked 11th cir to remand to uber-friendly…

Published: January 7, 2025 07:11

Clarification of previous note, sorry for my imprecision-- lawyers in the MAL action asked Cannon to prevent release of Smith report based on her ruling that Smith lacks authority, but those lawyers of course represent the remaining 2 D's, Nauta and…

Published: January 7, 2025 04:42

Trump‘s lawyers filed their motion to prevent release of smith report in front of— guess who? – Judge Cannon, arguing that under her ruling Smith lacks all authority. This is going to be a donnybrook. (Or maybe I should say donaldbrook…) …

Published: January 7, 2025 03:18

Here we go. With news reports that Smith’s final report on his prosecutions will issue “within days,“ Trump is trying to get Garland to keep it under wraps. But we can be sure that Garland has his legal ducks in a row, and he won’t be cowed.

Published: January 7, 2025 01:09

Simple, important words. Can’t help but drive home the outrage of the constitutional hijacking of four years ago, and the outrage on steroids of Trump’s plans to pardon some of the insurrectionists. [contains quote post or other embedded content]

Published: January 7, 2025 00:31

So there are some sanctions in Rudy's future for the second contempt finding by Judge Liman, plus a third contempt possibility before Judge Beryl Howell in DC based on his continuing violation of court orders to stop defaming Moss & Freeman, the GA…

Published: January 7, 2025 00:30

Liman actually held Giuliani in contempt two times. For one, based on failure to comply w/ court orders involving turnover of property, he hasn't yet decided on the sanctions. For the other, re failure to answer interrogatories, he's forbidding Giuliani…

Published: January 6, 2025 18:47

Important post and most comprehensive account I've seen of Patel's claims of FBI complicity in 1/6. How is the world could he possibly effectively lead the Bureau? Might as well make Stewart Rhodes his deputy. Kash Patel Believes the FBI Planned Jan. 6th…

Published: January 6, 2025 15:50

Trump moves New York appellate court for a stay of Merchan’s order to show up for sentencing Motion relies on presidential immunity principles and also the imminent inauguration, after which criminal prosecution would need to be suspended.

Published: January 6, 2025 14:59

Here you go, our 6th and final subject-matter episode to gear up for Trump 2.0. A stellar panel of health care policy experts -- @ddiamond.bsky.social, @zekeemanuel.bsky.social & @drkavitapatel.bsky.social -- consider what awaits us esp if RFK Jr. is…

Published: January 6, 2025 00:02

Coming bright and early Monday, the last of our 6 special episodes to prepare for Trump 2.0, this one on healthcare, w/ another stellar panel of experts. Trump says that he’s going to let RFK, Jr. “go wild on health…wild on the food…wild on medicines.”…

Published: January 4, 2025 19:08

Trump's real game here is to prevent Merchan pronouncing sentence in the first place. Typically, the mere announcement of sentence would not be irreparable harm, justifying a stay – the conviction & sentence could always be reversed on appeal. Will Trump…

Published: January 3, 2025 21:59

"To dismiss the indictment and set aside the jury verdict would not serve the concerns set forth by the Supreme Coutt in its handful of cases addressing Presidential immunity nor would it serve the Rule of Law. On the contrary, such decision would…

Published: January 3, 2025 21:24

It was a certainty at this point that Trump wasn’t going to do time. In light of that, Merchans opinion does the most important political and historical work and is a welcome development. You’ll see proof of that in Trump’s outraged appeal.

Published: January 3, 2025 21:16

“The significance of the fact that the vetdict was handed down by a unanimous jury of 12 of Defendant's peers, after trial, cannot possibly be overstated.” Trump of course will appeal but hard to see a higher court reversing given the mild sentence. And…

Published: January 3, 2025 21:14

Very strong opinion by Merchan rejecting all of Trump’s legal claims and insisting on sentencing before inauguration, on 1/10. But sentence looks like it will be unconditional discharge w/o incarceration. Given the circumstances, an excellent opinion,…

Published: January 3, 2025 19:09

Giuliani takes stand in his own contempt hearing before Judge Liman, whom it's clear will not brook any nonsense from him. He has to testify because he submitted declarations saying how cooperative he has been so attorneys for GA workers he defamed can…

Published: January 3, 2025 18:16

It's not unusual for US attorneys to resign after a change at the WH. It is unusual to do it before. Matt Graves's resignation as DC US Atty sends 2 strong messages: 1. He doesn't want to be in the same gov as Trump. 2. He doesn't want to field any…

Published: January 3, 2025 09:08

Ray Miller, pirates great pitching coach during this era, is most associated with this phrase, which I find has general applicability outside sports. Walmart still sells these T-shirts. Can anyone name all 4 pitchers here? [contains quote post or other…

Published: January 3, 2025 08:39

“The abrupt elevation of culture wars echoes the formula Republicans have used for the past forty years to distract from the reality that between 1981 and 2021 their embrace of so-called supply-side economics moved $50 trillion from the bottom 90% to the…