Paul Rosenzweig

Judge Aileen Cannon, a Donald Trump appointee, has dismissed the criminal charges against the former president. On the merits, her opinion is a poor one, ignoring history and precedent. It will almost certainly be reversed on appeal. Even so, her actions will surely delay Trump’s trial and may even prevent it completely, should Trump return to power and dismiss the case before a verdict is reached. For these reasons alone, her decision is certainly notable.

If, as seems likely, Donald Trump is the Republican presidential nominee next year, the 2024 elections will be a referendum on several crucial issues: the prospect of authoritarianism in America, the continuation of a vibrant democracy, the relationship between the executive branch and the other two branches of government, and much else of grave significance.It will also be a referendum on whether Trump will ever be held legally accountable for his actions.

Donald Trump has been indicted on 37 felony counts related to his theft of classified documents and his obstruction of the investigation into that security breach. Now comes the hard part: trying the case.Prosecutors often talk of the “cruel dilemma” they face: If they secure the conviction of a charged defendant, they are “just doing their job” and merit no substantial credit; if they indict and fail to secure that conviction, they have somehow messed up.

The United States Secret Service is reported to have permanently deleted or lost a host of data, including text messages, that relate to the January 6 insurrection. The Secret Service says that the deletions came about as part of a routine, long-planned update to its phone system and that, as part of this update, it factory-reset its agents’ mobile devices, deleting all data.

Attorney General Merrick Garland is not going to save democracy. Nor is the attorney general of New York, Letitia James; the Manhattan district attorney, Alvin Bragg; nor the Fulton County district attorney, Fani Willis. As the apparent collapse of the New York district attorney’s investigation makes clear, criminal cases are hard to make. Donald Trump, despite his many seemingly criminal acts, is unlikely to ever spend a day in jail.

This morning an oversight board created by Facebook approved the company’s January decision to indefinitely suspend Donald Trump from its platform, and gave the company six months to clarify the duration of the suspension. The result is a bit of a procedural dodge. There is only one reasonable path available for the company to take: Ban the former president permanently.The reasons for this are straightforward.

Nostradamus had nothing on George Mason. The French seer earned a reputation for prophecy that was grounded, for the most part, in vague and ambiguous predictions of future events whose malleability allowed supporters to claim he was prescient. As with the Delphic oracle who came before him, Nostradamus’s reputation for foresight was unearned.George Mason, however, deserves his reputation for the precision of his predictions.

In the 240 years since America’s founding, no former president has been indicted for criminal conduct. This isn’t because they were angels—far from it. And it isn’t because post-term indictment is not legally allowed. Instead, it is because Americans don’t like the idea of criminalizing politics.

Twenty years ago, Supreme Court Chief Justice William Rehnquist—not generally thought of as a radical liberal—said: “We can think of no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime and vindication of its victims.

Late Friday evening, Attorney General Bill Barr claimed that the United States attorney for the Southern District of New York had resigned, and announced his replacement on an interim basis by the current U.S. attorney for New Jersey—a man who served as Chris Christie’s defense attorney in the Bridgegate scandal and who seems ill-equipped to handle the Manhattan caseload.That was a lie.