Your periodic reminder that even if a witness is not under oath, lying during a Congressional interview is still a felony - 18 U.S.C. 1001. Taking an oath may make the proceeding seem more serious and formal, but it's not necessary for criminal liability. www.politico.com/news/2026/05...

The obligation of a prosecutor to act ethically is especially important in the grand jury, where there is no judge or defense counsel to intervene. Prosecutors in Trump's DOJ are ignoring those obligations and eroding the judicial trust built up over decades. www.nytimes.com/2026/05/26/u...

Blanche said yesterday other expressions of "86 47" won't be prosecuted but the Comey case is based on additional evidence of intent - although he couldn't say what that was. If they really had such evidence it would be in the indictment. #selectiveprosecution www.sidebarsblog.com/p/todd-blanc...

My latest on Sidebars: when Todd Blanche was first appointed to DOJ, some were hopeful that the former AUSA from the Southern District of NY would be a moderating influence, someone who respected DOJ's norms and the rule of law. Those hopes have been dashed. www.sidebarsblog.com/p/todd-blanc...

My latest on Sidebars: with Todd Blanche in charge at DOJ, things have gone from bad to worse. The new Comey indictment doesn't pass the laugh test or the smell test. And anyone who signed off on it would not pass a first-year criminal law test. www.sidebarsblog.com/p/todd-blanc...

The defense should move for access to the grand jury transcripts in the new Comey case. It’s hard to believe the grand jurors weren’t misled about the legal requirements of these charges.

I mean, it was obviously a threat. Who can forget the famous scene from "The Godfather" when they find the seashell art on the doorstep and everyone knows it means Luca Brasi sleeps with the scallops?

Among the many ridiculous things about this indictment is that it includes a forfeiture request - so that if convicted Comey must forfeit to the US any property that constitutes proceeds of his seashell threat. Huh? 🤔

I remember when people had some hope that Todd Blanche, a former AUSA in the Southern District of NY, might be a moderating influence at DOJ. But he's become a true believer. What a disappointment. It's almost like they are letting Trump write the briefs now. www.nytimes.com/2026/04/28/u...

As predicted, DC US Attorney Pirro has now dropped the investigation of Jerome Powell that she never should have started in the first place, clearing the way for Warsh’s confirmation. Her string of failed, political prosecutions continues. www.sidebarsblog.com/p/jeanine-pi...

Texas republicans illegally gerrymandered their maps and never once asked voters how they feel about it. California and Virginia let voters decide. That’s the difference. They started this fight and Democrats are going to fucking finish it.

Indeed. Complaints about redistricting are invalid. Republicans did it everywhere and invalidated a Constitutional Amendment so they could do it on explicitly racial lines. There are two choices: use the same levers of power as Republicans do, or let them win. There is no "principled" opposition.

There is a public interest in supporting jury verdicts after a full and fair trial. Justice shouldn’t be whipsawed just because the administration changes. The court should appoint counsel to argue the other side, since this motion is of course unopposed.

Such obvious theatrics and attempted intimidation. Prosecutors are unlikely to learn anything relevant to a fraud case by visiting the site, and if they really wanted to see it they would have arranged a visit with someone knowledgeable about the work.

I’m not sure what the legal standard is but I assume the court will not automatically grant this motion. Trying to drop the case after a jury verdict is very different from dismissing it prior to trial.

Always a pleasure to speak with @thebradblog.bsky.social . I wish we had some happier topics to discuss.

This is a remarkable story of a longtime DOJ prosecutor, portrayed here as not especially competent, who has become a big star in this administration because he will eagerly do preposterous things for them. GIFT LINK: www.wsj.com/us-news/law/...

My latest on Sidebars: Pam Bondi did incalculable damage to the Department of Justice and the rule of law. It's good news that she's gone. The bad news is things could get even worse if her successor is someone more competent but with the same corrupt motives. www.sidebarsblog.com/p/pam-bondis...

My latest on Sidebars: Pam Bondi leaves with the reputation and integrity of the Justice Department in tatters. Unfortunately, there is little reason to expect that things will improve under her successor. www.sidebarsblog.com/p/pam-bondis...

Now let's do Hegseth.

This was inevitable, and this DOJ will undoubtedly agree to pay the "victims" millions as part of the administration's efforts to rewrite the history of January 6.

Any pardoned Jan. 6 Capitol rioters who have not yet sued for wrongful prosecution will no doubt take note. In addition to a pardon, Trump’s DOJ will pay you off as part of the efforts to rewrite the history of his first term crimes. www.nytimes.com/2026/03/25/u...

RIP Bob Mueller. He was a decent, principled, skilled prosecutor who served his country with integrity. His biggest mistake was assuming that others around him, particularly Attorney General William Barr and Republicans in Congress, would be similarly decent and principled.

These were coveted positions, with dozens of applicants for each vacancy. Now DOJ is scrambling for new hires. For me, and for many of my students, it was a dream job. Now I can't recommend it to them. I never would have imagined that to be possible. news.bloomberglaw.com/us-law-week/...

My latest on Sidebars: a federal judge throwing out her grand jury subpoenas to the Federal Reserve is just the latest in a long line of embarrassing failures for D.C. U.S. Attorney Jeanine Pirro, as she tries to weaponize her office in Trump's favor. www.sidebarsblog.com/p/jeanine-pi...

My latest on Sidebars: Jeanine Pirro has done her best to punish Trump's enemies and pursue his political goals. But she has compiled an abysmal track record of failed political prosecutions. One wonders how long Trump, who abhors "losers," will put up with it. www.sidebarsblog.com/p/jeanine-pi...

Jeanine Pirro's remarkable winning streak as U.S. Attorney continues.

This is a good development. Bar sanctions against rogue prosecutors are one of the few checks against abuse of their power in an administration that has no regard for the rule of law. wapo.st/4rYFGjm

Moskowitz: "Let me congratulate the former Homeland Security Secretary on her appointment to be the Shield of Americas, which I'm pretty sure the president came up with when he watched the last Avengers movie"

Looks like Bondi got chewed out by Trump for dropping the appeal. Lots of ketchup flying in the Oval Office. www.nytimes.com/2026/03/03/u...

Alito is going to retire, and Trump is going to appoint Cannon, isn't he. 🤦

Even if Cannon's order is overturned, the regs leave it up to the AG whether a special counsel's report should be made public. How do we think that's going to go? Unless there's a Daniel Ellsberg among the former SC staff, we will need to wait for a Democrat AG to - maybe - see the report.

This was my argument more than a year ago - turned out to be right, unfortunately.

As Ryan notes, it’s potentially very important that three of the Court’s conservatives are not buying the notion that Trump can do whatever he wants simply by making up a fake “emergency.”

Someone let the penguins of the Heard and McDonald Islands know that their long ordeal is coming to an end.

Among the most important signs of how SCOTUS might rein in a President's claim to emergency powers is: Chief Justice Roberts with Justices Gorsuch and Barrett on the 'major questions' doctrine. The three express deep skepticism of claims to open-ended emergency powers: 1/

Not gonna lie, it’s kind of fun to see the conservative administration’s key economic policy hoisted on the “major questions doctrine” petard.

For years I've argued that the "ham sandwich" critique is wrong and that the discipline of having to go through the grand jury to obtain an indictment still acts as an important check on prosecutorial power. Grand juries under the Trump regime continue to prove it. www.nytimes.com/2026/02/10/u...

OK, the Dunkin’ ad and the singing toilets were pretty funny.

The curious thing, given the inroads Trump made with Hispanics last year, is Bannon's apparent assumption that keeping them away from the polls in November would be good for Republicans. Sort of like Trump's attacks on mail-in voting - may hurt R's as much or more than D's.

The renovations undoubtedly will include lots of gold trimmings and a giant bust of Trump’s head to go next to JFK’s - but slightly larger, of course.

WaPo’s editorial board STILL doesn’t grapple with why THREE trial judges, and THREE appellate courts found a gag order against Trump was necessary. It also sidesteps that Smith AVOIDED a 1A battle by selecting charges that didn’t require proving incitement.

It continues to amaze me that the Washington Post appears more concerned about whether Trump’s gag order (prompted by his own unhinged attacks) was too broad than it is about his efforts to overturn the election, including unleashing a mob on the Capitol. www.washingtonpost.com/opinions/202...

this photo. minneapolis. 💜 📷️ Alex Kormann/Star Tribune

To feed the narrative of "Trump as victim" Republicans had to make Smith appear to be a deranged, rogue prosecutor. Unfortunately for them, he was about as far from deranged as one can imagine. The same can't be said of some of the Republicans questioning him. www.sidebarsblog.com/p/jack-smith...

My latest on Sidebars: the Republican approach to the hearing can best be summed up as: “OK, so maybe Trump committed multiple felonies. But can we just talk for a minute about how you had the nerve to subpoena our phone records?” www.sidebarsblog.com/p/jack-smith...

A proud moment for the Washington Post: Jim Jordan quotes their editorial arguing that prosecuting Trump for Jan. 6 would have violated the First Amendment, and enters it into the record.

"Lindsey Halligan, tapped by President Trump to prosecute his enemies, has left the U.S. attorney’s office in the Eastern District of Virginia, Attorney General Pam Bondi said late Tuesday after a judge called Ms. Halligan’s bid to remain in office a “charade.”" www.nytimes.com/2026/01/20/u...

You’ve heard of fighting fire with fire? Well, this is Minnesota in January, so …