Fred Wertheimer
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Articles by Fred Wertheimer
A Constitutional Convention would be a constitutional crisis — states must say no Original
Earlier this year, the Montana legislature almost took the whole country another step toward a constitutional crisis. A resolution that passed through a Senate committee before stalling on the floor calls for a national convention to rewrite the U.S. Constitution using Article V — a mechanism that has never once been invoked in the 237-year history of our republic. What’s more, this wasn’t an isolated moment; it’s just one front in a nationwide campaign.
The one man who's done more to destroy democracy than Donald Trump
Chief Justice John Roberts is smart and skilled. He will be remembered, however, as a historic failure. This is not a claim to make lightly, but his record compels it, because Roberts’ legacy will be defined by two catastrophic roles he played. First, Roberts has played the lead role in destroying indispensable rules of our democracy. Second, Roberts has played the lead judicial role in serving as the handmaiden to President Trump’s efforts to turn our democracy into an autocracy.
How Will John Roberts Be Remembered? As a Democracy Destroyer
Chief Justice John Roberts is smart and skilled. He will be remembered, however, as a historic failure. This is not a claim to make lightly, but his record compels it, because Roberts’ legacy will be defined by two catastrophic roles he played. First, Roberts has played the lead role in destroying indispensable rules of our democracy. Second, Roberts has played the lead judicial role in serving as the handmaiden to President Trump’s efforts to turn our democracy into an autocracy.
One man has done more to destroy our democracy than Donald Trump
Chief Justice John Roberts is smart and skilled. He will be remembered, however, as a historic failure. This is not a claim to make lightly, but his record compels it, because Roberts’ legacy will be defined by two catastrophic roles he played. First, Roberts has played the lead role in destroying indispensable rules of our democracy. Second, Roberts has played the lead judicial role in serving as the handmaiden to President Trump’s efforts to turn our democracy into an autocracy.
How Will John Roberts Be Remembered? As a Democracy Destroyer | Common Dreams
Chief Justice John Roberts is smart and skilled. He will be remembered, however, as a historic failure. This is not a claim to make lightly, but his record compels it, because Roberts’ legacy will be defined by two catastrophic roles he played. First, Roberts has played the lead role in destroying indispensable rules of our democracy. Second, Roberts has played the lead judicial role in serving as the handmaiden to President Trump’s efforts to turn our democracy into an autocracy.
John Roberts' Historic Failure as Supreme Court Chief Justice, Part 1
Chief Justice John Roberts is smart and skilled. He will be remembered, however, as a historic failure. This is not a claim to make lightly, but his record compels it, because Roberts' legacy will be defined by two catastrophic roles he played. First, Roberts has played the lead role in destroying indispensable rules of our democracy. Second, Roberts has played the lead judicial role in serving as the handmaiden to President Trump's efforts to turn our democracy into an autocracy.
There’s Only One Conclusion to Draw From Trump’s Newfound Leniency for Ghislaine Maxwell
Jurisprudence Sign up for the Slatest to get the most insightful analysis, criticism, and advice out there, delivered to your inbox daily. Last month, the Department of Justice’s response to the Jeffrey Epstein saga culminated in an incredibly bizarre move: The Federal Bureau of Prisons transferred a convicted sex offender to a minimum security prison. The special treatment given by the Trump administration to Ghislaine Maxwell is a travesty of justice.
In the United States, the People Rule, Not Wannabe King Trump
This week President Donald Trump sent the National Guard and Marines to Los Angeles to control what he preposterously called a “violent occupation.” Sending U.S. troops to act against citizens exercising their right to free speech is a chilling betrayal of American democracy. The rebellion Trump claims to be fighting is simply nonexistent.
In the United States, the People Rule, Not Wannabe King Trump | Common Dreams
This week President Donald Trump sent the National Guard and Marines to Los Angeles to control what he preposterously called a “violent occupation.” Sending U.S. troops to act against citizens exercising their right to free speech is a chilling betrayal of American democracy. The rebellion Trump claims to be fighting is simply nonexistent.
Fred Wertheimer and Don Simon: How Two Supreme Court Justices Paved the Way for the Musk Era
By Fred Wertheimer and Don Simon It took Elon Musk, the world’s richest person, to illustrate to Americans just how dangerous our corrupt campaign finance system can be. This system allowed Musk to contribute more than $250 million to help elect Donald Trump in 2024, making him Trump’s single biggest financial supporter. In turn, President Trump made Musk his governing partner. One of the authors of this piece, Fred Wertheimer, has been fighting campaign finance abuses since the Watergate scandals.
Beware Trump’s Election Deniers Sitting on Election Boards!
For the past four years, former U.S. President Donald Trump has been building a cult of election deniers who believe his false claim that the 2020 presidential election was stolen from him. They don’t care that no one has ever presented a shred of credible evidence to support Trump’s blatantly bogus claim.
Beware Trump’s Election Deniers Sitting on Election Boards! | Common Dreams
For the past four years, former U.S. President Donald Trump has been building a cult of election deniers who believe his false claim that the 2020 presidential election was stolen from him. They don’t care that no one has ever presented a shred of credible evidence to support Trump’s blatantly bogus claim.
2024 Trifecta Imperative to Win Key Democracy Reforms
On January 5, 2021, two Democrats won Senate runoff elections in Georgia. This flipped the Senate and resulted in an unexpected “trifecta”—Democratic control of the White House, the House, and the Senate. Could a trifecta happen again in 2025? The odds currently are against it, primarily because of the Senate races.
2024 Trifecta Imperative to Win Key Democracy Reforms | Common Dreams
On January 5, 2021, two Democrats won Senate runoff elections in Georgia. This flipped the Senate and resulted in an unexpected “trifecta”—Democratic control of the White House, the House, and the Senate. Could a trifecta happen again in 2025? The odds currently are against it, primarily because of the Senate races.
The Return of The King
This week, Chief Justice John Roberts and his band of five other Republican-appointed Supreme Court Justices restored the king to the top of our government. Our nation’s Founders fought a revolution to help ensure our nation would be forever free from the clutches of an unrestrained monarch. The Founders would be astonished and furious at what the Supreme Court majority did his week.
The Return Of The King
This week, Chief Justice John Roberts and his band of five other Republican-appointed Supreme Court Justices restored the king to the top of our government. Our nation’s Founders fought a revolution to help ensure our nation would be forever free from the clutches of an unrestrained monarch. The Founders would be astonished and furious at what the Supreme Court majority did his week.
The Return Of The King | Common Dreams
This week, Chief Justice John Roberts and his band of five other Republican-appointed Supreme Court Justices restored the king to the top of our government. Our nation’s Founders fought a revolution to help ensure our nation would be forever free from the clutches of an unrestrained monarch. The Founders would be astonished and furious at what the Supreme Court majority did his week.
Delay Is Working For Trump In 3 Of His 4 Criminal Trials
May 10 marks 15 days since the Supreme Court heard oral argument in Trump v. United States, the criminal case brought against former President Donald Trump who is charged with attempting to overturn the 2020 presidential election. This is arguably the most important criminal case in American history. The case deals with the alleged first attempt at a presidential coup in this country, a violent mob attack on the Capitol, and the first ever disruption of the peaceful transfer of power.
History Shows the Supreme Court Knows How to Move Quickly, as it Should With the Trump Immunity Case
Editor’s note: Readers may also be interested in Ryan Goodman and Andrew Weissmann’s “Questions the Supreme Court Should Ask at Thursday’s Oral Argument on Presidential Immunity.” Americans are entitled to know before they vote in November whether former President Donald Trump – the presumptive 2024 Republican presidential nominee – engaged in criminal conduct in his attempt to overturn the 2020 presidential election. He should also be given the opportunity to clear his name.
Trump’s Promise to Free Jan. 6 Inmates in DC Jail - Almost All of Them Assaulted Law Enforcement Officers
Former President Donald Trump has made the January 6th defendants central to his campaign. It is “most likely,” Trump has said, that he would pardon “a large portion of them.” One of his “first acts” in office, Trump wrote last month, would be to “Free the January 6 Hostages being wrongly imprisoned!” It can be difficult for journalists and the public to isolate which January 6th defendants Trump has in mind.
Opinion | The Supreme Court is yet again playing right into Trump’s hands
The Supreme Court’s decision to take up Donald Trump’s presidential immunity appeal sets up the final adjudication for the jaw-dropping claim that the former president is protected from criminal prosecution. The court has framed the question in such a way that it is almost certain it will reject Trump’s outlandish position. The real question is whether the court will unduly delay resolution of the appeal and push a verdict past Election Day.
4 Things About Trump’s Upcoming Election Interference/Hush Money Trial
Keep your eyes on the upcoming 2016 election interference/hush money trial of former President Donald Trump. It may be the sleeper of the four criminal cases pending against him. The case involves a 34-felony count indictment brought against Trump by Manhattan D.A. Alvin Bragg and a grand jury of his peers. Scheduled to begin on March 25, it’s expected to be the first of the four Trump criminal cases to go to trial. Here are four things to keep in mind as the trial unfolds.
Opinion | Why a Supreme Court stay in the Jan. 6 case is so dangerous
Former President Donald Trump asked the Supreme Court on Monday to further delay his criminal prosecution in Washington, D.C., while it considers whether to review his spurious claim of absolute immunity. Special counsel Jack Smith replied Wednesday, well ahead of his deadline of next week, arguing that there was no reason to grant a stay — but that if the court does accept the case, it should move quickly.
Dissecting Trump’s “Peacefully and Patriotically” Defense of the January 6th Attack
Earlier today, former President Donald Trump once again claimed he bore no responsibility for the violence at the U.S. Capitol on Jan. 6, 2021. “I said peacefully and patriotically,” Trump told reporters. That has been a persistent theme of his for years. The former president was repeating part of a short sentence culled from his lengthy speech at the White House Ellipse on Jan. 6, 2021. By focusing on that brief phrase, Trump is trying to deceive both the courts and the public.
Opinion | The eve of a Trump-Biden rematch is the worst time to subvert impeachment
House Republicans have spent months searching unsuccessfully for a smoking gun in the Joe Biden impeachment investigation. Instead of admitting failure, they are now pivoting to another target in their frenzy to impeach anyone, no matter how baselessly: Homeland Security Secretary Alejandro Mayorkas. Both the Biden and Mayorkas impeachments are clearly not backed up by evidence.
Donald Trump’s Embrace of the Jan. 6 Rioters Is Already Being Used Against Him in Court
Jurisprudence This piece was originally published on Just Security, an online forum for analysis of U.S. national security law and policy. At a rally in Houston, Texas, earlier this month, former President Donald Trump stood on stage and solemnly saluted as the song “Justice for All” played.
DOJ Will Use Trump's Continued Embrace of Jan. 6 Rioters to Prove Its Case
At a rally in Houston, Texas earlier this month, former President Donald Trump stood on stage and solemnly saluted as the song “Justice for All” played. That song is a collaboration between Trump and a group known as the “January 6 Choir” – men who have been imprisoned for their allegedly (and in some cases already proven) criminal actions during the attack on the U.S. Capitol. In the recording, the “choir” performs the Star Spangled Banner as Trump recites the Pledge of Allegiance.
Why Jeffrey Clark's legal shenanigans are doomed to fail
Fulton County, Georgia, District Attorney Fani Willis has set a deadline of 12 p.m. Friday for all 19 defendants to surrender in Atlanta in her case regarding interference in the 2020 election. Most have complied, yielding the astonishing spectacle of national and state GOP notables turning themselves in for mug shots, culminating in Thursday's surrender of the former president. A few defendants have not and are instead asking the federal court to interfere in the case.
The Secret Memo at Trump Conspiracy Ground Zero
The Secret Memo at Trump Conspiracy Ground Zero Published August 14, 2023 Former President Donald Trump’s attempt to overturn the 2020 election has brought a lot of national attention to a previously unknown lawyer: Kenneth Chesebro, christened “Co-Conspirator 5” in special counsel Jack Smith’s federal indictment on Aug. 1. Amid the swarm of bold-faced public figures who have dominated the public narrative around Jan.
The shameless memo and obscure lawyer at the center of the Trump indictment Original
Former President Donald Trump's attempt to overturn the 2020 election has brought a lot of national attention to a previously unknown lawyer: Kenneth Chesebro, christened " Co-Conspirator 5" in special counsel Jack Smith's federal indictment on Aug. 1. Amid the swarm of bold-faced public figures who have dominated the public narrative around Jan. 6 - not only Trump but Mark Meadows, Rudy Giuliani and John Eastman - Chesebro has stayed mostly under the radar.
One of Us Worked With Trump’s Defense Attorney. Here’s How Jack Smith Can Beat Him.
Jurisprudence By Norman L. Eisen, Joshua Kolb, and Fred Wertheimer Aug 04, 202312:12 PM With the filing of special counsel Jack Smith’s indictment, the prosecution of former president Donald Trump for 2020 election interference—perhaps the most consequential in our nation’s history—has begun. But so has Trump’s defense, with the post-indictment media blitz of co-lead defense counsel John Lauro (with whom one of us, Norm Eisen, used to practice criminal law).
Why Arizona's new probe into pro-Trump electors scheme has special significance
The investigations into former President Donald Trump and his allies’ attempts to undermine the results of the 2020 election continue to gain strength. The grand juries probing Trump are carrying on their work in Georgia and D.C., with Trump announcing that he received another target letter from Jack Smith over the weekend. Michigan’s attorney general has announced charges against 16 "false electors" in that state.
Aileen Cannon’s Previous Rulings About Trump Demand Her Recusal
Skip to the content Jurisprudence Soon after the news broke that Donald Trump will become the first former president to face federal criminal charges—37 counts that include willful retention of national defense information under the Espionage Act, conspiracy to obstruct justice, concealing documents, and false statements—it was also revealed that Judge Aileen Cannon is scheduled to oversee the case.
Do Trump's Own Words Convict Him?
Recent reports indicate that Justice Department Special Counsel Jack Smith is closing in on a decision about whether to indict former President Donald Trump in the investigation into Trump's possession and handling of top-secret and classified documents he took from the White House. The Guardian reported that Trump was notified by federal prosecutors that he is a target of the Special Counsel criminal investigation into the documents case.
Model Prosecution Memo for Trump Classified Documents
This model prosecution memorandum assesses potential charges federal prosecutors may bring against former President Donald Trump. It focuses on those emanating from his handling of classified documents and other government records since leaving office on January 20, 2021. It includes crimes related to the removal and retention of national security information and obstruction of the investigation into his handling of these documents.
The Mar-a-Lago docs case keeps getting worse for Trump
On Thursday, The Washington Post published a bombshell story on new developments in the Justice Department's investigation into classified documents found at former President Donald Trump's Mar-a-Lago residence. If the Post reporting is accurate, Trump's already perilous legal situation just got a lot worse.
The Untold Strength of Tax Crimes in Manhattan DA’s Case Against Former President Trump
Filed under: Alvin Bragg, Hush Money Investigation, tax crimes Part of Just Security’s work on accountability and election law. Just last month, a former President Donald Trump was arraigned on an indictment for thirty-four felony false books and records charges in New York. Because those charges are felonies, Manhattan District Attorney Alvin Bragg is required to prove that the falsifications were made with the intent “to commit…aid or conceal” another crime.
Donald Trump Incriminated Himself Criminally During the CNN Town Hall
Jurisprudence By Norman L. Eisen, Tom Joscelyn, and Fred Wertheimer May 12, 20231:15 PM This piece was originally published on Just Security, an online forum for analysis of U.S. national security law and policy. During a town hall event on CNN Wednesday night, former President Donald Trump made multiple incriminating remarks about his efforts to overturn the 2020 presidential election.
How Trump's CNN Town Hall Remarks Put Him in Greater Legal Peril for Jan. 6 Investigations
During a town hall event on CNN Wednesday night, former President Donald Trump made multiple incriminating remarks about his efforts to overturn the 2020 presidential election. Trump’s responses will further hurt his case should Special Counsel Jack Smith charge the former president in connection with his role in the attack on the U.S. Capitol and other attempts to hold onto power unlawfully.
How Trump's own lawyer may have cooked his goose in Mar-a-Lago documents case Original
There was already a strong case against former President Donald Trump in the Mar-a-Lago documents case, in the form of evidence that he intentionally concealed over 100 classified and top-secret government documents, even after he was repeatedly asked and even subpoenaed to return them. But if Trump was in trouble before, testimony and documentation from his own lawyer, Evan Corcoran, could turn out to provide the final evidence necessary to charge Trump — and soon.
House Republicans continue GOP’s affront to law enforcement Original
Rep. Marjorie Taylor Greene (R-Ga.) and other lawmakers emerged Friday from a visit to Jan. 6 defendants incarcerated in the D.C. jail and proclaimed them to be victims of an alleged “two-tier injustice system.” Greene said, “We have to return freedom and due-process rights to these pre-trial Jan. 6 defendants.” But these inmates are not victims.
How Jim Jordan's overly zealous Trump probe meddling could backfire
With the unprecedented indictment of a former president likely imminent, we must prepare for another first in our nation's history - attempted congressional interference with a state prosecution of a former president. Although no charges have yet been filed against Donald Trump, congressional interference has already begun, with GOP Reps.
Why the John Edwards Defense Won’t Work for Donald Trump
Jurisprudence By Norman L. Eisen, E. Danya Perry, Joshua Stanton, and Fred Wertheimer March 20, 20231:42 PM A longer version of this piece was originally published on Just Security, an online forum for analysis of U.S. national security law and policy. Manhattan District Attorney Alvin L. Bragg is apparently on the verge of charging Donald J. Trump under New York state’s business records statute for concealing hush money payments that may have affected the outcome of the 2016 presidential election.
Profiles of the January 6th Inmates in the D.C. Jail
Marjorie Taylor Greene (R-Ga.) and James Comer (R-Ky.), Chairman of the House Oversight and Accountability Committee, recently announced their intent to arrange for a congressional delegation to visit January 6th inmates held in the Washington, D.C. jail. Both Greene and former President Donald Trump have portrayed these individuals as “political prisoners.” However, not one of the inmates is being held for political reasons. Twenty (20) January 6th inmates were held in D.C. as of Mar.
The Manhattan DA’s Charges and Trump’s Defenses: A Detailed Preview
Manhattan District Attorney Alvin L. Bragg is apparently on the verge of charging Donald J. Trump under New York state’s business records statute for concealing hush money payments that may have affected the outcome of the 2016 presidential election. In the first essay in this series, as well as in some of the authors’ prior writing, we analyzed the applicable facts and law and predicted that charges were likely.
The Tucker Carlson-Led Effort to Whitewash the History of January 6 Will Fail
Dominion Voting Systems has provided a public service for the American people. As a result of its pending defamation lawsuit against Fox News, Dominion has laid bare the extraordinary con game that Fox carried out in the aftermath of the 2020 presidential election and that continues today. Fox elevated and affirmed for their millions of viewers former President Donald Trump’s Big Lie that the election was stolen from him by giving airtime to Trump’s team.
Can Georgia Republicans Really Fire a Prosecutor for Indicting Trump?
Having tried and failed to interfere in Georgia’s 2020 presidential election, Donald Trump’s allies are now attempting to interfere with the ongoing grand jury investigation into that earlier misconduct.
Opinion: Georgia grand juror's tacky media tour won't trash the case
Editor’s Note: Fred Wertheimer is president of Democracy 21, a nonpartisan, nonprofit organization that works to strengthen our democracy. Norman Eisen is a senior fellow at Brookings and a CNN legal analyst. The views expressed in this commentary are their own. Read more opinion articles on CNN.
Speech or Debate Immunity Will Not Protect Scott Perry's Phone
Filed under: 2020 presidential election, Congress, DC Circuit, Department of Justice (DOJ), Donald Trump, Federal Bureau of Investigation (FBI), First Amendment, House Select Committee on January 6, Immunity, Litigation, Mark Meadows, Rep. Jim Jordan, Supreme Court On Thursday, the DC Circuit Court of Appeals held a hearing on whether Rep. Scott Perry (R-Penn.) is protected by the Speech or Debate Clause from the Jan. 6 criminal investigation.
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