'Too Much Law' Gives Prosecutors Enormous Power To Ruin People's Lives
In a new book, Supreme Court Justice Neil Gorsuch describes the "human toll" of proliferating criminal penalties.
Prosecutors
Prosecutor of Anti-Trump Protesters Allegedly Withheld Exculpatory Evidence and Lied About It
According to disciplinary charges against Jennifer Kerkhoff Muyskens, she suppressed video evidence that would have helped DisruptJ20 defendants.
Dismissal of Trump Classified Documents Case Checks the Power of Special Counsels
The decision agreed with Trump that Special Counsel Jack Smith was improperly appointed, which could have positive downstream effects for the rest of us, as well.
The Case Against Alec Baldwin Is Not a Slam Dunk
New Mexico law requires quite a high standard for proving criminal negligence.
The Best of Reason: What Caused the D.C. Crime Wave?
Don't blame criminal justice reform or a lack of social spending for D.C.'s crime spike. Blame government mismanagement.
Sotomayor Is Right: The Supreme Court Should Reevaluate Absolute Immunity for Prosecutors
The doctrine makes it nearly impossible for victims of prosecutorial misconduct to get recourse.
Supreme Court's Presidential Immunity Ruling Could Shield Outrageous Abuses of Power
By requiring "absolute" immunity for some "official acts" and "presumptive" immunity for others, the justices cast doubt on the viability of Donald Trump's election interference prosecution.
SCOTUS Rejects a Legal Interpretation Underlying Capitol Riot Charges
The decision also negates two counts of the federal indictment accusing Donald Trump of illegally interfering in the 2020 presidential election.
Julian Assange's Freedom Came at a Steep Price
Assange's plea deal sets a threatening precedent for free speech and journalism.
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
N.J. Businessman Indicted for Sopranos-Style Economic Development Racket
George Norcross III's alleged actions are almost cartoonishly corrupt. But for economic development programs, it's not too far off from business as usual.
Biden Administration Seeks Overly Harsh Sentences for Blocking Abortion Clinic Access
Whatever you think of abortion, the Department of Justice's latest approach to these cases is misguided.
Hunter Biden's Gun Conviction Does Not Resolve a Constitutional Dispute That Pits Him Against His Father
The president's son, who faces up to 25 years in prison for conduct that violated no one's rights, can still challenge his prosecution on Second Amendment grounds.
What Caused the D.C. Crime Wave?
Don't blame criminal justice reform or a lack of social spending for D.C.'s crime spike. Blame government mismanagement.
Laurence Tribe Bizarrely Claims Trump Won the 2016 Election by Falsifying Business Records in 2017
That take on the former president's New York conviction echoes similarly puzzling claims by many people who should know better.
A Jumble of Legal Theories Failed To Give Trump 'Fair Notice' of the New York Charges Against Him
The lack of a clear rationale for charging Trump with 34 felonies raises a due process issue that is likely to figure in his appeals.
New York and New Jersey Want To Let Felons Serve on Juries. Here's Why.
Bans have resulted in what some have called the "whitewashing" of American juries.
Does Donald Trump's Conviction in New York Make Us Banana Republicans?
Welcome to a system in which laws and regulations are weaponized by the powerful against opponents.
The Prosecution's Story About Trump Featured Several Logically Impossible Claims
Whatever Trump did after the 2016 presidential election, it seems safe to say that it did not retroactively promote his victory.
Trump's Conviction Suggests Jurors Bought the Prosecution's Dubious 'Election Fraud' Narrative
There was a glaring mismatch between the charges against the former president and what prosecutors described as the essence of his crime.
Trump Jury Instructions Invite Conviction Based on a Hodgepodge of Dubious Theories
The judge said the jurors need not agree about the "unlawful means" that Trump allegedly used to promote his 2016 election.
Prosecutors Say Trump Tried to 'Hoodwink the American Voter,' Which Is Not a Crime
Closing arguments in the former president's trial highlight the mismatch between the charges and the "election fraud" he supposedly committed.
'An Embarrassing Mistake': Neil Gorsuch Rails Into Florida's Use of 6-Person Juries
The Sixth Amendment was originally seen as vital to preserving liberty. Yet it has been consistently watered down.
Prosecutors Are Still Hedging on Exactly What 'Crime' Trump Tried To 'Aid' or 'Conceal'
This week the judge presiding over Trump's trial ruled that jurors do not have to agree on any particular legal theory.
Alvin Bragg's Case Against Trump Presents a Tangle of Interacting Laws and Intent Puzzles
To convert a hush payment into 34 felonies, prosecutors are relying on a chain of assumptions with several weak links.
Daniel Perry's Pardon Makes a Mockery of Self-Defense
Texas Gov. Greg Abbott takes a tactic from the progressive prosecutors he says he opposes.
Can This Woman Sue the Rogue Prosecutor Who Allegedly Helped Upend Her Life?
Prosecutor Ralph Petty was also employed as a law clerk—by the same judges he argued before.
He Was Sentenced to a Decade in Prison for Having Unlicensed Weapons
Dexter Taylor is now a "violent felon," even though his hobby was victimless.
The 'Heart' of Alvin Bragg's Case Against Trump Is Misdirection
Contrary to what prosecutors say, the former president is not charged with "conspiracy" or "election fraud."
The Details of Stormy Daniels' Story About Sex With Trump Are Legally Irrelevant
Under the prosecution's theory, Trump would be guilty of falsifying business records even if Daniels made the whole thing up.
Stormy Daniels' 'Credibility Issues' Reflect a Broader Problem With Key Witnesses Against Trump
New York prosecutors are relying on testimony from several people who do not seem trustworthy.
Trump Promises To Give Police 'Immunity From Prosecution'
The pledge, while mostly legally illiterate, offers a reminder of the former president's outlook on government accountability.
The New York Case Against Trump Relies on a 'Twisty' Legal Theory That Reeks of Desperation
To convert a hush money payment into 34 felonies, prosecutors are invoking an obscure state election law that experts say has never been used before.
This Elderly Man Was Arrested After Shooting a Burglar in Self-Defense—for Carrying the Gun Without a License
Vincent Yakaitis is unfortunately not the first such defendant. He will also not be the last.
Journalism Is Not a Crime, Even When It Offends the Government
Julian Assange and Priscilla Villarreal were both arrested for publishing information that government officials wanted to conceal.
Where Do Libertarians Stand on the Campus Wars?
Plus: A listener asks the editors about the magical thinking behind the economic ideas of Modern Monetary Theory.
A Texas Reporter Busted for Asking Questions Asks SCOTUS To Reject the Criminalization of Journalism
Priscilla Villarreal is appealing a 5th Circuit decision that dismissed her First Amendment lawsuit against Laredo police and prosecutors.
The Court Was Right To Overturn Harvey Weinstein's Rape Conviction
The ruling has nothing to do with #MeToo. It is about ensuring a fair trial—a principle that applies no matter how unsympathetic the defendant.
SCOTUS Weighs the Risk of Presidential Timidity Against the Risk of Presidential Impunity
Most of the justices seem skeptical of granting Donald Trump complete immunity from criminal prosecution for "official acts."
Alvin Bragg's 'Election Interference' Narrative Is Nonsensical
Since Donald Trump's alleged falsification of business records happened after he was elected president, he clearly was not trying to ensure that outcome.
Most Justices Seem Skeptical of Charging Capitol Rioters With Obstructing an Official Proceeding
The Supreme Court's interpretation of the statute also could affect two charges against Donald Trump.
Alvin Bragg Says Trump Tried To Conceal 'Another Crime.' What Crime?
The leading possibilities are all problematic in one way or another.
A Cop Shot Her 11-Year-Old Son. Now She Might Lose Custody of Her Kids.
The local prosecuting attorney in Sunflower, Mississippi, is seeking to take away Nakala Murry's three children.
California Cops Tased a Man Having a Seizure, Then Booked Him on Bogus Charges To Cover Their Mistake
Bruce Frankel was tased by a police officer in 2022 after his fiancee called 911 seeking medical help. Now he's suing.
