All posts tagged: special counsel

The Cases Against Trump: A Guide

The Cases Against Trump: A Guide

Not long ago, the idea that a former president—or major-party presidential nominee—would face serious legal jeopardy was nearly unthinkable. Today, merely keeping track of the many cases against Donald Trump requires a law degree, a great deal of attention, or both. In all, Trump faces 91 felony counts across two state courts and two different federal districts, any of which could potentially produce a prison sentence. He’s also dealing with a civil suit in New York that could force drastic changes to his business empire, including closing down its operations in his home state. Meanwhile, he is the leading Republican candidate in the race to become the next president. If the court cases unfold with any reasonable timeliness, he could be in the heat of the campaign trail at the same time that his legal fate is being decided. David A. Graham: The end of Trump Inc. Here’s a summary of the major legal cases against Trump, including key dates, an assessment of the gravity of the charges, and expectations about how they could turn …

The Problem With Hunter Biden’s Business

The Problem With Hunter Biden’s Business

Attorney General Merrick Garland’s decision to convert the federal prosecutor investigating Hunter Biden into a special counsel ensures that Democrats will be fielding uncomfortable questions throughout the 2024 presidential campaign. They would do well to think before they speak. Asked one such question in a television interview in May, President Joe Biden insisted, “My son’s done nothing wrong.” But is that true? It now seems quite likely that Hunter Biden has violated one or more U.S. laws. And that’s not all the wrong he has done. There is a difference between what is technically illegal and what is wrong. Some context may help explain the chasm that has opened up between the two—the gulf between what most ordinary Americans understand as corruption and the mincing definition that reigns in the professional spheres of politics, the law, and big business. Since 1987, and most recently in May of this year, a series of Supreme Court cases has relentlessly narrowed the legal definition of corruption. This is the body whose cavalier attitude toward its own ethics has …

The Impossible Task of Muzzling Donald Trump

The Impossible Task of Muzzling Donald Trump

When Donald Trump appeared last week in a Washington, D.C., courtroom for his arraignment on federal election charges, the presiding judge gave the former president a few simple instructions for staying out of jail while he awaited trial. Trump could not talk to potential witnesses about the case except through lawyers, Magistrate Judge Moxila Upadhyaya told him, and he could not commit a crime on the local, state, or federal level. Both are standard directives to defendants. But then Upadhyaya added a warning that seemed tailored a bit more specifically to the blustery politician standing before her: “I want to remind you,” the judge said, “it is a crime to intimidate a witness or retaliate against anyone for providing information about your case to the prosecution, or otherwise obstruct justice.” When Upadhyaya asked Trump if he understood, he nodded. Fewer than 24 hours later, Trump appeared to flout that very warning—in its spirit if not its letter—by threatening his would-be foes in an all-caps post on Truth Social: “IF YOU GO AFTER ME, I’M COMING …

The First Great Crisis of a Second Trump Term

The First Great Crisis of a Second Trump Term

Both his supporters and and his opponents assume that former President Donald Trump’s legal jeopardy will go away if he can win the 2024 presidential election. That’s a big mistake. A Trump election in 2024 would settle nothing. It would generate a nation-shaking crisis of presidential legitimacy. Trump in 2024 means chaos—and almost certainly another impeachment. Trump’s proliferating criminal exposures have arisen in two different federal jurisdictions—Florida and the District of Columbia—and in two different state jurisdictions, New York and Georgia. More may follow. As president, Trump would have no power of his own to quash directly any of these proceedings. He would have to act through others. For example, the most nearly unilateral thing that Trump could try would be a presidential self-pardon. Is that legal? Trump has asserted that it is. Only the Supreme Court can deliver a final verdict, which presents a significant risk to Trump, because the Court might say no. Self-pardon defies the history and logic of the presidential-pardon power. Would a Supreme Court struggling with legitimacy issues of its …