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George T. Conway III

The Trump Trial’s Extraordinary Opening

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The defendant nodded off a couple of times on Monday. And I have to confess, as a spectator in an overflow courtroom watching on closed-circuit television, so did I.
Legal proceedings can be like that. Mundane, even boring. That’s how the first couple of days of the trial in the People of the State of New York v. Donald J. Trump, Indictment No.

The Court’s Colorado Decision Wasn’t About the Law

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You can’t always get what you want. What Mick Jagger said about life applies with equal, perhaps even greater, force to litigation. Like life, litigation has its ups and downs. It reflects human fears and frailties—because judges, lawyers, and litigants are human. Law is never perfect, and never will be.

An Airtight Ruling Against Trump

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On July 24, 1974, when the Supreme Court issued its decision in United States v. Nixon, ordering President Richard Nixon to produce the Watergate tapes, the president turned to his chief of staff, Alexander Haig, to understand what had just happened. He later recounted the exchange in his memoirs:
“Unanimous?” I guessed.
“Unanimous. There’s no air in it at all,” he said.

Trump’s Supreme Court Blunderbuss

Donald Trump is well on his way to becoming history’s greatest litigation loser ever. But in the multifront war of Trump v. Seemingly Everyone Else, he has just prevailed in one small skirmish: The Battle of the Questions Presented.

The Colorado Ruling Changed My Mind

When I review divided appellate-court decisions, I almost always read the dissenting opinions first. The habit formed back when I was a young law student and lawyer—and Federalist Society member—in the late 1980s, when I would pore (and, I confess, usually coo) over Justice Antonin Scalia’s latest dissents.