I was traveling yesterday, but I gave CNN @jamiegangel a statement on the indictment of the former president for his efforts to overturn the 2020 presidential election and for the January 6 attack on the United States Capitol.
Among other things, I said:
This is an historic, tragic, and regrettable day for America.
This day is all the more tragic and regrettable because the former president has cynically chosen to inflict this embarrassing spectacle on the Nation -- and a spectacle it will be.
For the first time in history, an American president will be on criminal trial in multiple venues -- federal and state -- during a presidential campaign in which he will be the presumptive nominee of the Republican Party for the Presidency of the United States of America.
January 6 and the effort to overturn the 2020 presidential election, together with the first criminal trials of an American president, will now become singularly infamous events in American history.
These events will forever scar and stain the United States. And they will forever scar and stain the United States in the eyes of the world.
Never again will the world be inspired by America’s democracy in the way that it has been inspired since America’s founding almost 250 years ago.
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This Model Prosecution Memo (264 pp.) published by @just_security and authored by @NormEisen, @NoahBookbinder, @DonaldAyer6, @StantonLaw, @Edanyaperry, @DebraPerlin, and Kayvan Farchadi, is an extraordinary, compelling -- and historic -- prosecutorial analysis of the offenses
President Trump could be charged with as a result of his effort to overturn the 2020 presidential election and the January 6 insurrection on the U.S. Capitol that obstructed and prevented the Joint Session from counting the electoral votes for the American presidency that day.
The authors meticulously and exactingly analyze each individual element of each separate offense, amass the publicly known evidence that supports each individual element of each of the separate offenses,
It would be impossible to overstate the enormity of yesterday's seminal decision in Moore v. Harper. Not only is it now the single most important constitutional case for American Democracy since the Nation's Founding almost 250 years ago.
It is also now one of the most important constitutional cases for representative government in America.
Today, it takes its deserved place in the pantheon of great Supreme Court cases that give meaning to the Constitution's genius of a separation of powers --
Given that the former president had no interest whatsoever in resolving his sordid stand-off with the U.S. Government, it can be assumed that he cynically decided this indictment for his preposterous insistence
that he personally owns the national security secrets of the United States and can do with them whatever he pleases (together with his now more likely indictment for his efforts to overturn the 2020 presidential election) would maximize, if not ensure,
his chances that the Republican Party would again nominate him as its standard bearer in 2024. And there is every reason at this point to believe he is right.
There is not an Attorney General of either party who would not have brought today’s charges against the former president.
He has dared, taunted, provoked, and goaded DOJ to prosecute him from the moment it was learned that he had taken these national security documents.
On any given day for the past 18 months — doubtless up to and including the day before the indictment was returned — the former president could have avoided and prevented this prosecution. He would never have been indicted for taking these documents.
Today, the North Carolina Supreme Court overruled its earlier decision in Moore v. Harper that the state’s constitution forbids excessive partisan gerrymandering. Moore v. Harper, pending in the Supreme Court of the United States, remains ripe for decision by the Supreme Court.
The North Carolina Supreme Court did not disturb its holding in Moore v. Harper with respect to the “independent state legislature” theory.
The court reaffirmed that the state legislature exercises its redistricting authority “subject to the express limitations in [the North Carolina] constitution." To hold otherwise, said the court,
The Divided Community Project of The Ohio State University Moritz College of Law, and Mershon Center for International Security Studies recently published "Speaking Out to Strengthen the Guardrails of Democracy."
"Speaking Out to Strengthen the Guardrails of Democracy" is a "how to" guide for shoring up and reinforcing the bulwark of America's faltering democracy.
All of us concerned about American democracy should commit this practical guide to memory and "speak out" in support and defense of our democracy in the weeks and months ahead. This is terrific, moritzlaw.osu.edu. Thank you!