Attention to the Unseen

USA Today reports: The young man is seen running with the crowd of Trump supporters toward the U.S. Capitol early in the afternoon of Jan. 6, 2021. He wears a thigh-length dark blue coat, his face almost fully covered with a mask. The bill of an off-white baseball cap pokes out of the hood of his gray sweatshirt. At 2:35 p.m. and 20 seconds, a security camera inside the Capitol captures the man as he steps across the threshold of…

Read More Read More

Bob Bauer and Jack Goldsmith write: The Insurrection Act is a dangerous centuries-old federal statute that authorizes the president, with few restraints, to deploy the U.S. military inside the United States to suppress threats the president perceives to the constitutional order. Commentators have recently proposed tightening the law following reports that former President Donald Trump and his advisers are planning to use it aggressively for law enforcement and to quell domestic disturbances if Mr. Trump is once more elected. This…

Read More Read More

  The Colorado Supreme Court, having agreed that Trump engaged in insurrection, ruled in a 4-3 decision that Trump is disqualified from the presidency. Therefore, he is not eligible to be on the 2024 primary ballot in Colorado. Trump’s lawyers have already stated they plan to appeal the decision. Former federal prosecutor, Harry Litman, outlines the various ways in which the U.S. Supreme Court may rule if it takes up the case.   Discussion between Lawfare Editor in Chief Benjamin…

Read More Read More

Mattathias Schwartz writes: The case of Charles McGonigal is bigger than one corrupt FBI agent. In fact, it’s bigger than the entire FBI. The legal case against Charles McGonigal, the FBI’s former New York counterintelligence chief — a scandal that launched a thousand conspiracy theories — is beginning to wind down. Last week, a judge in the Southern District of New York sentenced McGonigal to 50 months in prison; a second judge in Washington, DC, is expected to sentence McGonigal…

Read More Read More

NBC News reports: In a bombshell decision, Colorado’s Supreme Court on Tuesday ruled that former President Donald Trump’s candidacy in the state’s primary next year is prohibited on constitutional grounds. The first-of-its kind ruling stems from a lawsuit that focused a little-known provision in the 14th Amendment of the U.S. Constitution. Similar challenges in other states have proven unsuccessful. “A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of…

Read More Read More

ProPublica reports: In early January 2000, Supreme Court Justice Clarence Thomas was at a five-star beach resort in Sea Island, Georgia, hundreds of thousands of dollars in debt. After almost a decade on the court, Thomas had grown frustrated with his financial situation, according to friends. He had recently started raising his young grandnephew, and Thomas’ wife was soliciting advice on how to handle the new expenses. The month before, the justice had borrowed $267,000 from a friend to buy…

Read More Read More

Aaron Blake writes: The question of Donald Trump’s criminal jeopardy could be headed to the Supreme Court sooner rather than later. That’s after special counsel Jack Smith on Monday requested that the court conduct an expedited review of Trump’s claims to “absolute” immunity from criminal prosecution for conduct in office. The court quickly signaled it will consider the petition and asked Trump’s team to respond by next week. One way to read that request is that Smith felt this issue…

Read More Read More

  The Daily Beast reports: Special prosecutor Jack Smith filed a bombshell motion Monday asking the Supreme Court to weigh in on the question of whether Donald Trump has absolute presidential immunity for crimes he’s accused of carrying out while in the White House. If accepted, it will be the first time the high court will weigh in on a criminal case involving the former president—specifically, whether his attempts to overturn the 2020 election were protected by presidential immunity, something…

Read More Read More

Politico reports: Special counsel Jack Smith on Saturday sharply rejected Donald Trump’s contention that foreign governments may have changed votes in the 2020 election, laying bare new details about his team’s extensive probe of the matter and its access to a vast array of senior intelligence officials in Trump’s administration. In a 45-page filing, Smith’s team describes interviewing more than a dozen of the top intelligence officials in Trump’s administration — from his director of national intelligence to the administrator…

Read More Read More

Politico reports: The most potent effort to disqualify Donald Trump from the 2024 ballot lands Wednesday in the lap of Colorado’s highest court — and a ruling there could send the case hurtling toward the U.S. Supreme Court just as the election year arrives. The Colorado case is one of dozens around the country that have challenged Trump’s eligibility to return to the presidency. The cases argue that he is disqualified under section 3 of the 14th Amendment, which states…

Read More Read More