I spoke with Jim Duffy at LawPodUK about Trump’s declaration of fake ”emergencies” in order to deploy emergency power, and the threat it poses to the rule of law. Based on my lecture at the Bar Council’s Rule of Law Lecture. podcasts.apple.com/gb/podcast/e...

Trump’s go-to tactics: 1) declare non-existent emergencies to invoke emergency power and 2) suppress dissent by targeting civil society. Why it works, and how we fight back. www.theguardian.com/commentisfre...

Rule of law or “rule of Trump”? Trump’s 2-pronged attack on the rule of law, and how we fight back. “https://www.theguardian.com/commentisfree/2025/dec/14/beware-trumps-two-pronged-strategy-undermining-democracy

"There is literally no limit to what people can believe as a religious matter." @davidcole-gtown.bsky.social www.nybooks.com/articles/202...

Professor David Cole highlights the courts have stood up to the Trump administration. To date around 150 injunctions have been issued by federal courts. But the rule of law cannot depend only on courts - it depends on the rest of us and civil society. @davidcole-gtown.bsky.social

Professor Cole suggests the legacy of the current administration depends on how we, the courts & civil society respond - do we step back or step forward? Cole suggests it is not possible to rely on just the courts, it also depends on citizens standing up & pushing back @davidcole-gtown.bsky.social

The White House is threatening to kill survivors of its strikes on boats in the Caribbean, even though "the entire operation is illegal from the outset," says @davidcole-gtown.bsky.social

And for those looking for a more extended analysis, see www.nybooks.com/articles/202...

What’s wrong with killing suspected drug smuggler on the high seas? Here’s my answer, in a nutshell.

No, you can’t shoot survivors hanging on for dear life to boat debris. And no, you can’t shoot suspected drug smugglers, either. This entire operation is illegal. Here’s why. www.nybooks.com/articles/202...

“Such officials rarely speak out on military matters, but when they do they deserve to be heard, not criminally investigated.” David Cole @davidcole-gtown.bsky.social He shared a gift link: bsky.app/profile/ldad...

In the discussion over the military and illegal orders, what does the law say? @davidcole-gtown.bsky.social offers an excellent primer in the @nytimes.com. A must read for those who may find themselves in conversations about this over turkey tomorrow. www.nytimes.com/2025/11/26/o...

Here’s the memo I would have written had Trump asked me if he could lawfully kill suspected drug smugglers on high seas. I guess I would have been “reassigned.” www.nybooks.com/articles/202...

Good news in Philly today

Here’s the memo I would have written had Trump asked me if he could lawfully kill suspected drug smugglers on high seas. I guess I would have been “reassigned.” www.nybooks.com/articles/202...

Reposting as long as this blatantly illegal killing spree continues.

Tanner Lecture Defending Free Speech From Its Progressive and Conservative Critics. TODAY @ 4.30 ET LIVESTREAM LINK HERE: uchv.princeton.edu/events/tanne...

I look forward to defending free speech from its progressive critics — and conservative assailants == as the Tanner Letures Nov. 12 and 13 @princeton.edu A timely topic, sadly lectures.princeton.edu/lectures/202...

I look forward to defending free speech from its progressive critics — and conservative assailants == as the Tanner Letures Nov. 12 and 13 @princeton.edu A timely topic, sadly lectures.princeton.edu/lectures/202...

Reposting as long as they keep killing Civilians in cold blood.

We will be up shortly. 5-6.30 PM ET TODAY. Join us to discuss SCOTUS the day after it heard its first argument on the merits of a Trump initiative – and showed signs it might strike down his tariffs.

"There was no conceivable legal authority for these killings." @davidcole-gtown.bsky.social www.nybooks.com/articles/202...

TOMORROW! Join us for a conversation about the Supreme Court — will it check President Trump? What can be done?

Join the fabulous Fintan O’Toole, Pam Karlan, and me for an online discussion of the Supreme Court in Trump 2.0. Sponsored by The New York Review of Books. Nov 6. Register here. www.eventbrite.com/e/the-emerge...

Join the fabulous Fintan O’Toole, Pam Karlan, and me for an online discussion of the Supreme Court in Trump 2.0. Sponsored by The New York Review of Books. Nov 6. Register here. www.eventbrite.com/e/the-emerge...

There is no First Amendment right to commit malpractice, prescribe snake oil, or engage in “conversion therapy.” Here’s why. www.nybooks.com/online/2025/...

this rocks. when indiana edu killed the student newspaper, Purdue stepped up, printed the forbidden issue, drove it to Bloomington and stocked the boxes.

Powerful sign at No Kings in Cleveland

Large crowds of protesters gathered in cities across the U.S. on Saturday as part of a mass “No Kings” demonstration against the Trump administration. nyti.ms/4hocDS0

This is what democracy looks like. #NoKings

Reposting because he keeps executing civilians without legal authority. Confusing a metaphorical war on drugs with an actual armed conflict. And getting away with murder.

There is no First Amendment right to commit malpractice, prescribe snake oil, or engage in “conversion therapy.” Here’s why. www.nybooks.com/online/2025/...

I’ve spent my career defending First Amendment rights. Here’s why banning “conversion therapy” doesn’t violate the First Amendment — even though SCOTUS seems eager to say otherwise. www.nybooks.com/online/2025/...

The Trump administration is committing "murder" with its attacks on boats in the Caribbean, says @davidcole-gtown.bsky.social . Would rationales of alleged drug-smuggling hold up if they were made by other countries about the U.S. drug trade?

Reposting because he keeps executing civilians without legal authority. Confusing a metaphorical war on drugs with an actual armed conflict. And getting away with murder.

There’s abuse of power. And then there’s ordering the killing of civilians in cold blood. The latter is called murder under federal law. Trump has crossed a line. Will it matter? Getting Away with Murder | David Cole | The New York Review of Books www.nybooks.com/online/2025/...

Reposting this as long as he keeps killing civilians by bombing them from the sky. The war on drugs is a metaphor, not a justification for cold blooded murder.

There’s abuse of power. And then there’s ordering the killing of civilians in cold blood. The latter is called murder under federal law. Trump has crossed a line. Will it matter? Getting Away with Murder | David Cole | The New York Review of Books www.nybooks.com/online/2025/...

Trump is ordering the premeditated killing of civilians not engaged in hostilities — because, he says, they are drug smugglers. There’s no death penalty for drug trafficking. There’s no due process when the military blows a boat out of the water. www.nybooks.com/online/2025/...

On the cold-blooded execution of alleged drug smugglers. www.nybooks.com/online/2025/...

Defending the speech rights of those with whom you disagree can come around to help you. Not doing so can come around to haunt you. Glad we had the oppty to defend NRA’s speech rights in SCOTUS — and that it’s helping fight back agst Trump now. reason.com/volokh/2025/...

I joined Tavis Smiley to discuss flagburning, why the First Amendment protects it, and why Trump just doesn’t get it. podcasts.apple.com/us/podcast/d...

Thanks Elizabeth. And I recommend anything by Elizabeth about how we are endangering the life our our planet, but especially the Sixth Extinction.

Donald Trump’s recent executive order against flag-burning will not only encourage more of it, @davidcole-gtown.bsky.social argues, but “could also hand flag-burners a legal defense in the rare situation when they might otherwise be prosecuted”:

I represented the flag burners who established the First Amendment right. My take on Trump’s flag burning EO. All Smoke, No Fire

I asked @davidcole-gtown.bsky.social what he thought of the Presidential Immunity SCOTUS decision. He gave a nuanced answer which showed the Conservative Justices to be tragically naive about Donald Trump bit.ly/Click-2-Listen YouTube youtu.be/NlkRDE0M9SQ

The big question: Will DonaldTrump follow court orders from SCOTUS? There is a small ray of hope on that front. But will it last? @davidcole-gtown.bsky.social explains. bit.ly/Click-2-Listen YouTube youtu.be/NlkRDE0M9SQ

@davidcole-gtown.bsky.social has a message for folks who fight Trump's authoritarianism. You are the heroes that will be remembered. And acknowledges the real courage it takes to defy Donald Trump. bit.ly/Click-2-Listen YouTube youtu.be/NlkRDE0M9SQ

I spoke with Bill Press on his podcast about the Trump Injustice Dept, Trump's attack on civil society, and how we must respond. billpresspods.com/listen-now

And here’s a recent report on the fantastic work they do in appellate courts across the country. perma.cc/27AN-49J7