campaignfinance
President Joe Biden's decision to exit the 2024 race gave the public a rare look at the Byzantine world of campaign finance law. It's not a pretty sight. This tangle of often incomprehensible rules highlights the need for a judicial firewall to protect political speech—a "separation of campaign and state." After Biden stepped away, his presidential campaign committee and its $92 million war chest were essentially handed to Vice President Kamala Harris. Donald Trump's campaign then filed a complaint with the Federal Election Commission (FEC), challenging the legality of the transfer. While the ...
Reason
"The First Amendment is spinning out of control," Columbia law professor Tim Wu warns in a New York Times essay. While Wu ostensibly objects to Supreme Court decisions that he thinks have interpreted freedom of speech too broadly, his complaint amounts to a rejection of the premise that the principle should be applied consistently, especially when it benefits speakers and messages he does not like. The immediate provocation for Wu's diatribe is yesterday's Supreme Court decisions in two cases challenging Florida and Texas laws that aimed to restrict content moderation on social media. Although...
Reason
"In 2016," Harvard law professor Laurence Tribe writes, "Donald Trump seemed to pull an inside straight by narrowly winning" Michigan, Pennsylvania, and Wisconsin "while losing the popular vote by 3 million. We now know Trump committed 34 felonies to win that election. Without these crimes, he seems almost certain to have lost to Hillary Clinton. She would have been sworn in on Jan. 20, 2017. She would have filled two Supreme Court vacancies and enacted her legislative agenda." Since those 34 felonies involved falsified business records that were produced in 2017, Tribe's claim is logically im...
Reason
When a New York jury convicted Donald Trump of 34 felonies last week, it was relying on a chain of legal reasoning that involved various possible combinations of interacting statutes. That made the case against Trump hard to follow. It also raised a due process issue that Trump's lawyers are likely to highlight on appeal. The charges against Trump involved 11 invoices, 11 checks, and 12 ledger entries that allegedly were aimed at disguising a hush-money reimbursement as payment for legal services. Shortly before the 2016 election, Michael Cohen, then Trump's lawyer, paid porn star Stormy Danie...
Reason
Last January, Manhattan District Attorney Alvin Bragg summed up his case against Donald Trump this way: "We allege falsification of business records to the end of keeping information away from the electorate. It's an election interference case." That gloss made no sense, because the records at the center of the case—11 invoices, 11 checks, and 12 ledger entries that allegedly were aimed at disguising a hush-money reimbursement as payment for legal services—were produced after the 2016 presidential election. At that point, Michael Cohen, Trump's lawyer, had already paid porn star Stormy Daniels...
Reason
After deliberating for a little more than a day, a Manhattan jury on Thursday found Donald Trump guilty of falsifying 34 business records to aid or conceal "another crime," an intent that turns what would otherwise be misdemeanors into felonies. If you assumed that the jury's conclusions would be driven by political animus, this first-ever criminal conviction of a former president is the result you probably expected in a jurisdiction where Democrats outnumber Republicans by 9 to 1. But in legal terms, the quick verdict is hard to fathom. That's not because there were so many counts to consider...
Reason
To convert a single hush payment into 34 state felonies in the New York case against former President Donald Trump, prosecutors are relying on several interacting statutes, which makes their legal theory convoluted and confusing. Juan Merchan, the judge presiding over Trump's trial, added to the confusion on Wednesday when he instructed the jurors on the conclusions they must reach to find Trump guilty. Shortly before the 2016 election, Michael Cohen, then a lawyer working for Trump, paid porn star Stormy Daniels $130,000 to keep her from talking about her alleged 2006 sexual encounter with Tr...
Reason
During his closing argument in Donald Trump's criminal trial in Manhattan on Tuesday, lead defense attorney Todd Blanche hammered at the credibility of the prosecution's star witness, Michael Cohen, the former president's estranged fixer, calling him "the greatest liar of all time." That strategy makes sense given Cohen's role in establishing that Trump "caused" the falsification of the business records at the center of the case. But even if the jury believes Cohen's testimony, it does not prove that Trump falsified those records with the intent of facilitating or concealing "another crime," t...
Reason
Donald Trump is charged with 34 felonies in New York because he allegedly falsified business records to conceal "another crime." In the run-up to Trump's trial, which began last month and is expected to conclude next week, Manhattan District Attorney Alvin Bragg was cagey about exactly what that other crime was. His prosecutors suggested several possibilities without picking one in particular, and they are still hedging on this crucial point. It looks like the case will go to the jury with that central question unresolved. That's fine, according to a ruling that Juan Merchan, the judge presidi...
Reason
Sen. Kyrsten Sinema (D-Arizona) has raised more than $1.1 million in campaign funds – but little of the money came from her constituents. Sinema received most of the donations from big names in the pharmaceutical and finance industries. The senator is opposed to President Joe Biden‘s $3.5 trillion reconciliation bill and far-reaching prescription drug pricing proposals. Sinema has received donations from powerful people in the pharmaceutical industry including $3,000 from Gilead’s CEO Daniel O’Day, $2,900 from Eli Lilly CEO David Ricks, $2,900 from Bristol Myers Squibb CEO Giovanni Cofario and...
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