September 20, 2023

Failed Journalism

Sunday’s NBC Meet the Press interview of the former president by new host, Kristen Welker, was failed journalism. No news was made, and there was no strong pushback or meaningful real-time fact-checking against a guest known for compulsive lying. Indeed, there seemed to be no point...other than to try to boost ratings for a new host.

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September 13, 2023

New Mexico’s governor has a desperate problem

An executive official who uses a laudable end to justify means of questionable constitutionality sets a precedent that could easily come back to haunt us all." This article on MSNBC by our colleague, Dennis Aftergut, illustrates with important nuance that even the best-intentioned efforts by government officials must be carefully crafted to keep constitutional principles and the rule of law central to their actions.

August 25, 2023

Giuliani says he has a “right” to be a lawyer. He doesn’t.

After surrendering to authorities in Georgia, Rudy Giuliani claimed that prosecutors were infringing on his “right” to be a lawyer. 

He’s wrong. 

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May 12, 2023

LDAD recognizes Arkansas College Student as a Democracy Hero

Threats to the rule of law are as much a reality within our own communities as they are nationally. It is at the local level where we find our current democracy hero, Alex Barnett.

Conway is a small town of about 65,000 in Central Arkansas. It is home to three colleges and universities and has one of the highest rates of residents with college degrees in the state. Alex, one of those area college students, was sentenced to 10 days in the county jail for non-violently protesting the Conway School Board’s newly-passed policies against transgender students. 

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February 10, 2023

Copy Cat Threats to Democracy from Brazil, Germany and the USA

Societies must understand and learn the lessons of history to avoid repeating the same mistakes. That is why the detailed report and supporting materials of the January 6 Committee is instructive for those in the United States and in other countries who seek to keep their democracies intact. As we look at conditions around the world, however, there is growing reason for worry about democracy’s future.

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January 27, 2023

CA Disciplinary Authority Files Charges Against John Eastman

Yesterday, the State Bar of California filed disciplinary charges against John Eastman for his role in attempting to overturn the 2020 presidential election. LDAD commends the Office of Chief Trial Counsel for seeking to hold Mr. Eastman accountable.

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January 23, 2023

Judge Sanctions Trump and His Lawyer for Frivolous “Revenge” Lawsuit

Last week, a Federal District Court Judge held Donald Trump accountable for his habitual misuse of the justice system to threaten and punish his business competitors and political enemies. Judge Donald Middlebrooks, of the Southern District of Florida, presided over the former president’s suit against Hillary Clinton, James Comey, and the Democratic National Committee, among others, for conspiring to spread allegations that Trump had colluded with Russia in the 2016 campaign. 

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December 13, 2022

Reflections on the Supreme Court’s Oral Argument – Moore v. Harper

On December 7th, the Supreme Court heard oral arguments on Moore v. Harper, a case presenting one of the greatest threats to American democracy in the last 250 years. The Petitioners, North Carolina state legislators, are asking the Court, in effect, to interpret the U.S. Constitution in a way that would authorize partisan-controlled state legislatures to enact laws in their partisan self-interest, even if the laws violate their state’s constitution. 

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December 2, 2022

In a Rejection of “Radical Re-ordering” of the Law, the Court Rejects Special Treatment for the Former President 

In September, Lawyers Defending American Democracy reported on the unexpected and unprecedented actions of Florida District Court Judge Aileen Cannon for her rulings in a criminal investigation into former President Trump’s handling of presidential documents, including many designated as top secret. LDAD concluded that Judge Cannon’s ruling appointing a Special Master and effectively halting a criminal investigation was unprecedented and gave the appearance of partiality to the former President.  

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November 14, 2022

Election Day Arrives

Though it will not be the end of the election for the workers, Election Day finally arrived.

I returned to Reno on Sunday afternoon, after a recuperative weekend at home.  On Monday, I worked on “ballot cure,” a process that varies widely by state.  In Nevada, if a mailed ballot has a problem (e.g., the signature does not match the one on file), the voter is allowed to “cure” it by providing other identifying information or emailing a copy of an ID.  This must be done by close of business the following Tuesday.

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