Randall Eliason @RDEliason
White collar crime prof @GWLaw, columnist for NYT and WaPo, former federal prosecutor, blogger, singer. Legacy blue checkmark! https://t.co/WLq3tQm2nZ Sidebarsblog.com Washington, DC Joined October 2012-
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I long for the kinder, gentler Republican Party of years past, when candidates only tied their dogs to the roof of their cars.
This should have been the per curiam summary affirmance at the cert stage.
Trump's Ridiculous 'Immunity' Case Finally Heard by His Corrupted SCOTUS: Today's #BradCast Guests: Former Dep. Asst. AG @thelisagraves, former Asst. USA @RDEliason; Also: 18 Trump allies charged in 2020 AZ fake elector plot... FULL STORY, LISTEN: bradblog.com/?p=15016
A disruptive ruling in the Jan. 6 obstruction case is possible only if the Supreme Court goes out of its way to disregard the statutory language and create ambiguity where none exists, says @RDEliason. Read: nyti.ms/4b4cWNg
"It would be foolish to ignore the plain language of the statute to excuse the Capitol rioters based on feared abuses that live only in the imaginations of those seeking to avoid liability." My column today in @nytopinion. nytimes.com/2024/04/23/opi…
From me today in @nytopinion: why SCOTUS should uphold the Jan. 6 obstruction charge. If the Court really believes in textualism, this is an easy case. nytimes.com/2024/04/23/opi…
Never before have we faced the possibility that a defendant will end up with the power to cancel his own prosecution. The people have a right to have this case tried. That's why it's not unseemly or inappropriate to ask SCOTUS to expedite the decision. nytimes.com/2024/04/22/opi…
Trump's trial that opens today is packed with tabloid fodder--a porn star, a Playboy playmate and the National Enquirer--but history suggests prosecutors could face trouble if they can't convince jurors and the public that it's about more than just sex politico.com/news/2024/04/2…
Not gonna happen. As usual, he's just trying to control the narrative and generate breathless headlines. But if he DOES take the stand, it will be the best thing that could happen for the prosecutors.
Not gonna happen. As usual, he's just trying to control the narrative and generate breathless headlines. But if he DOES take the stand, it will be the best thing that could happen for the prosecutors.
emptywheel @emptywheel
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4K Followers 3K Following Strategy, public policy, political science, history, PR, and more. Usual caveats including views are mine and retweets are not endorsements.@RosenzweigP @RDEliason I’m having trouble squaring that description of Scalia with the guy who wrote Heller.
This should have been the per curiam summary affirmance at the cert stage.
A SCOTUS majority could make this quick and easy: “There may be some core presidential duties where some degree of immunity would be appropriate. But we leave that difficult question for another day. Whatever the scope of official duties that might be entitled to immunity, 1/
@RDEliason TO be sure there are hard cases at the core of Art2 powers. I am dumbfounded that the ct seems to think it needs to define the boundary. An easy answer is: "whatever the A2 limits, overthrowing an election is outside of them" and just go from there.
@RDEliason Maybe, but CJR seemed to clearly think that a prosecution would be sufficiently degraded so as to be an unworkable rule. And it was just the point about what CJR was trying to say that I was tryna capture
@RDEliason I read framers as farmers three times. This has been a tough week for us unlawyers.
QUICK THOUGHTS ON TRUMP ARGUMENT TODAY The basic positions were as follows: Trump wants official acts immunity against criminal prosecution, which is really broad, Special Counsel wants something narrower (or no immunity at all). 1/
My “rich life” in one picture at 8:30PM, in no particular order: ✅ Crushable book (Look Closer) ✅ Easy wine (half a glass of d’Ora Orange) ✅ Simple snack (sourdough toast with butter and salt) ✅ Extra fluffy yet cuddly puppies (only one dog pictured) ✅ Two angel babies…
Trump's Ridiculous 'Immunity' Case Finally Heard by His Corrupted SCOTUS: Today's #BradCast Guests: Former Dep. Asst. AG @thelisagraves, former Asst. USA @RDEliason; Also: 18 Trump allies charged in 2020 AZ fake elector plot... FULL STORY, LISTEN: bradblog.com/?p=15016
Justice Barrett is easily the best justice of the Trump trio.
So we think if Biden wins, Prelogar is next on the Court, right?
A disruptive ruling in the Jan. 6 obstruction case is possible only if the Supreme Court goes out of its way to disregard the statutory language and create ambiguity where none exists, says @RDEliason. Read: nyti.ms/4b4cWNg
This is what happens when you don't finish Les Miserables
Barricades at the Cal Poly Humboldt occupation, where riot police have recently arrived on the scene
via @nytopinion @RDEliason “Jan. 6 Rioters Should Not Catch a Break From the Supreme Court” nytimes.com/2024/04/23/opi…
This is just not helpful for the DA.
Hey Von ShitzInPantz…your attacks of me stink of desperation. We are all hoping that you take the stand in your defense.
Trump's trial that opens today is packed with tabloid fodder--a porn star, a Playboy playmate and the National Enquirer--but history suggests prosecutors could face trouble if they can't convince jurors and the public that it's about more than just sex politico.com/news/2024/04/2…
I'm very used to federal trials where alternates don't know they're alternates until after closing arguments. Seems odd to me that the alternates will be aware that they are unlikely to get to weigh in on the verdict. Could affect attentiveness.
@RDEliason Pretty much the only circumstance I can think of where I might want a lawyer on a jury is if I had a meritorious but very complicated case. OTOH, if someone’s case strategy depends on blowing smoke and inflaming passions, I tend to think lawyers are bad jurors for them.
@RDEliason Lawyers in Canada & Australia are exempted from jury duty. In the UK lawyers were exempt until 2004. So a mixed bag. A good lawyer on the jury would be good but there are a lot of bad ones. Just look at those representing Trump.
@RDEliason Lawyers can't be on juries in Canada. Not a question up here.
@RDEliason NY lawyers were not even called for jury service until 15-20 years ago: we weren’t in the ‘pool.’ I got my first call after the rule changed and sat on a Grand Jury.