Attention to the Unseen

Kimberlé Williams Crenshaw writes: In October 1991, I was part of the legal team that supported Anita Hill in her testimony before the Senate Judiciary Committee in which she bravely alleged sexual harassment at the hands of now-Supreme Court Justice Clarence Thomas. His confirmation by that committee, chaired by then-Democratic Sen. Joe Biden, was one of the most consequential moments in setting the future trajectory of the ideals that matter most to me — civil rights, gender equity and our…

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The Washington Post reports: In a rare public speech this spring, Supreme Court Justice Ketanji Brown Jackson talked to law school graduates about the challenges of starting a new job and about her love of musical theater. One of her favorites, she said, is the smash hit “Hamilton.” A particular song resonates: “History Has Its Eyes on You.” “Given my own experience over the past year, I think it’s pretty obvious why,” she told the crowd at Boston University School of…

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Radley Balko writes: In a staggering report last month, the Department of Justice documented pervasive abuse, illegal use of force, racial bias and systemic dysfunction in the Minneapolis Police Department. City police officers engaged in brutality or made racist comments, even as a department investigator rode along in a patrol car. Complaints about police abuse were often slow-walked or dismissed without investigation. And after George Floyd’s death, instead of ending the policy of racial profiling, the police just buried the…

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The Washington Post reports: In a phone call in late 2020, President Donald Trump tried to pressure Arizona Gov. Doug Ducey (R) to overturn the state’s presidential election results, saying that if enough fraudulent votes could be found it would overcome Trump’s narrow loss in Arizona, according to three people familiar with the call. Trump also repeatedly asked Vice President Mike Pence to call Ducey and prod him to find the evidence to substantiate Trump’s claims of fraud, according to…

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Moira Donegan writes: On Friday the US supreme court expanded the right to free speech into a right of businesses to discriminate. In a 6-3 decision, with the majority opinion by Neil Gorsuch, the justices declared that a Colorado civil rights statute prohibiting discrimination on the basis of sexual orientation in public businesses violates the first amendment’s freedom of speech. The ruling appears to formalize the right of homophobic business owners to not serve gay people in some situations. 303…

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Richard L. Hasen writes: It is indeed a cause for celebration that the United States Supreme Court, on a 6-3 vote in Moore v. Harper, rejected an extreme version of the “independent state legislature” theory that could have upended the conduct of elections around the country and paved the way for state legislatures to engage in election subversion. But after the celebration comes the inevitable hangover, and with all the hoopla it is easy to miss that the Supreme Court…

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Margaret Hartmann writes: Audio recordings have landed Trump in hot water time and again — from the Access Hollywood tape to his “perfect” phone call with Ukrainian president Volodymyr Zelenskyy and the recorded call in which he asked Georgia’s secretary of State to steal the 2020 election for him. Nevertheless, in July 2021, Trump agreed to let a publisher and writer working on his former chief of staff Mark Meadows’s book record their conversation, then proceeded to brag about how he had a highly classified document about Iran at…

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The New York Times reports: Facing multiple intensifying investigations, former President Donald J. Trump has quietly begun diverting more of the money he is raising away from his 2024 presidential campaign and into a political action committee that he has used to pay his personal legal fees. The change, which went unannounced except in the fine print of his online disclosures, raises fresh questions about how Mr. Trump is paying for his mounting legal bills — which could run into…

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Norman Eisen writes: We might have expected a fight from Hunter Biden and his lead trial counsel Abbe Lowell rather than news of Tuesday’s plea deal with the Justice Department. After all, Lowell did not become one of America’s most successful trial lawyers by pleading his clients out. But the deal, negotiated by Biden’s lead criminal counsel Chris Clark, requiring Hunter Biden to plead guilty to two tax misdemeanors and to admit to felony gun possession, was a good one. That was true for Hunter Biden, his…

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Politico reports: No Labels’ bid to run a third party presidential candidate in 2024 has sparked a number of questions about political motivations. Chief among them: Who, exactly, is paying for this thing? The centrist group consists of a constellation of entities, some of which disclose donor names. But the main one is a nonprofit which, unlike political parties, does not have to reveal the names of its funders. And in an interview with POLITICO, its CEO, Nancy Jacobson, declined…

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The New York Times reports: The lead I.R.S. agent investigating whether Hunter Biden committed tax crimes told Congress his team uncovered evidence that Mr. Biden had invoked his father, who was then out of office, while pressing a potential Chinese business partner in 2017 to move ahead with a proposed energy deal, House Republicans said. In testimony made public on Thursday, Gary Shapley, an I.R.S. agent since 2009 who supervised the tax agency’s investigation into Hunter Biden, said his team…

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Jeffrey Abramson, Eugene R. Fidell, and Dennis Aftergut write: On Tuesday, Federal District Court Judge Aileen Cannon launched the Florida trial for Donald Trump’s national security case on a “rocket docket,” setting the trial date on August 14. That date will likely not hold, but it might reassure those who have worried about her assignment to the case, concerned that she might, among other things, slow-walk it. That reassurance won’t end the concerns, of course. Legal experts (among others) lost…

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