Attention to the Unseen

Daniel Shaviro writes: In the days before the July 1, 2021 issuance of the Manhattan District Attorney’s Weisselberg-Trump Organization indictment, public anticipation was positively underwhelming. It would just be a fringe benefits case, we were told – meaning, a dispute, of a picayune sort that almost never yields criminal charges, regarding whether or not an employee’s use of, say, a company car or apartment yielded taxable income, in the face of admitted personal benefit but also with plausible claims of…

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The New York Times reports: Long before Donald J. Trump’s company was accused of plotting detours around the tax code to compensate its chief financial officer with carpeting, televisions and car leases, there were the $16,135 boilers. The boilers were bought for that amount by Mr. Trump’s father, Fred, in the 1990s for his numerous apartment buildings. But in a bit of financial alchemy that embodied the family ethos of paying as little tax as possible, the elder Mr. Trump…

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Richard L. Hasen writes: In two disturbing rulings closing out the Supreme Court’s term, the court’s six-justice conservative majority, over the loud protests of its three-liberal minority, has shown itself hostile to American democracy. In one case, Brnovich v. Democratic National Committee, the court has weakened the last remaining legal tool for protecting minority voters in federal courts from a new wave of legislation seeking to suppress the vote that is emanating from Republican-controlled states. In the other, Americans for…

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Donald Ayer, Norman Eisen and E. Danya Perry write: A 15-count indictment for tax fraud and other charges filed in New York on Thursday against the Trump Organization and its longtime chief financial officer, Allen Weisselberg, has already stimulated as much hand-wringing as satisfaction from those who have called for accountability for Donald Trump. Some express concern that Mr. Trump himself was not charged and may never be. Others note that these are “only” state tax fraud counts against his…

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The New York Times reports: After all the suspicion and anticipation, it was not a conspiracy involving Russia, widespread money laundering or a sweeping allegation of racketeering and corruption. Instead, it was an investigation that uncovered the alleged abuse of run-of-the-mill perks — like car leases, apartments and school tuition — that transformed Donald J. Trump’s family business from real estate branding empire to criminal defendant. On Thursday, prosecutors from the Manhattan district attorney’s office announced charges against the Trump…

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Joyce White Vance writes: On Friday, Attorney General Merrick Garland delivered on his promise to use all his statutory authority to protect the right to vote: He announced he was suing the state of Georgia for enacting a law he said the legislature passed to deny Black people that right. The majority-Republican legislature adopted the law, S.B. 202, in the aftermath of historic Black turnout and the election of two Democratic senators in the last cycle. Originally just three pages…

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NBC News reports: Clarence Thomas, one of the Supreme Court’s most conservative justices, said Monday that because of the hodgepodge of federal policies on marijuana, federal laws against its use or cultivation may no longer make sense. “A prohibition on interstate use or cultivation of marijuana may no longer be necessary or proper to support the federal government’s piecemeal approach,” he wrote. His views came as the court declined to hear the appeal of a Colorado medical marijuana dispensary that…

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Peter S. Canellos writes: When Donald Trump’s first Supreme Court nominee, Neil Gorsuch, went before the Senate Judiciary Committee for confirmation in early 2017, he offered a surprising choice of role model. Gorsuch — a conservative member of the Federalist Society, carrying the personal imprimatur of Mitch McConnell — named John Marshall Harlan, the progressive 19th-Century justice best known as the sole member of the Supreme Court to stand up for Black rights and economic protections. “Justice Harlan got the…

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Mother Jones reports: In its first major action to combat GOP voter suppression laws, the Biden Justice Department announced on Friday that it is suing the state of Georgia over its new voting restrictions. The lawsuit was first reported by Mother Jones. “Today the Department of Justice is suing the state of Georgia,” Attorney General Merrick Garland announced at a press conference at the Justice Department headquarters. Gov. Brian Kemp has said “there is nothing Jim Crow” about the Georgia…

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The Guardian reports: Top Democrats in the House are investigating whether Trump justice department officials ran an unlawful shadow operation to target political enemies of the former president to hunt down leaks of classified information, according to a source familiar with the matter. The House judiciary committee chairman, Jerry Nadler, is centering his investigation on the apparent violation of internal policies by the justice department, when it issued subpoenas against Democrats Adam Schiff and Eric Swalwell in 2018. The use…

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Reuters reports: Former U.S. President Donald Trump may have an unlikely ally to defend him against lawsuits alleging he incited the U.S. Capitol insurrection: President Joe Biden’s Justice Department. The Biden administration paved the way for that possibility, say constitutional scholars and lawyers in the cases, by arguing in an unrelated defamation case against Trump that presidents enjoy sweeping immunity for their comments while in office – and the right to a defense by government lawyers. Biden’s Justice Department used…

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The Daily Beast reports: It was the middle of Donald Trump’s presidency, and he was—yet again—mad at Saturday Night Live. And he wanted the federal government to help him settle the score. In March 2019, the then-president of the United States had just watched an episode of the long-running, liberal-leaning NBC sketch comedy series (it wasn’t even a new episode, it was a rerun), and grew immediately incensed that the show was gently mocking him. “It’s truly incredible that shows…

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BuzzFeed News reports: Donald Trump and a cadre of current and former federal officials can’t be sued over the violent clearing of peaceful protesters from a park in Washington, DC, last summer shortly before the then-president passed through for a photo op, a federal judge ruled Monday. Black Lives Matter DC and individual protesters who were forcibly removed from Lafayette Square on June 1, 2020, had sued Trump, former attorney general Bill Barr, and top officials from other federal agencies…

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Adam Serwer writes: In May 2020, Darnella Frazier, a 17-year-old with a smartphone camera, documented the killing of George Floyd by a Minneapolis police officer. Most Americans who watched the video of Floyd begging for his life, as Officer Derek Chauvin kneeled on his neck, saw a human being. Robert Kroll did not. The head of the Police Officers Federation of Minneapolis saw a “violent criminal” and viewed the protests that followed as a “terrorist movement.” In a letter to…

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