News

LISTEN: Fred Wertheimer On Moore v. Harper, And The Supreme Court’s Radical Conservative Direction

The Supreme Court heard oral argument in the case Moore v. Harper on December 7. Democracy 21 President Fred Wertheimer joins Background Briefing With Ian Masters to discuss the case, the “independent state legislature theory,” and the overall radical conservative direction the Court has been taking. (15 minutes)

The Next Two Years Will Be A Political & Legal Roller Coaster

Fred Wertheimer’s Weekly Note | December 8, 2022 The House Jan. 6th Committee is scheduled to release its final report on December 21. The report is expected to include criminal referrals to the Justice Department, including a referral for former President Donald Trump. The Committee did a superb job in educating the American people and […]

Moore v. Harper Explainer: The “Independent State Legislature Theory” Will Not Empower State Legislatures To Override Presidential Election Results

The Supreme Court will hear oral argument in the case Moore v. Harper on Wednesday, December 7. In Moore v. Harper, a gerrymandered North Carolina congressional map that was rejected by the state’s Supreme Court is being defended by North Carolina legislators who claim the state court’s decision violates the so-called “independent state legislature theory.” There is a […]

Unanimous Ruling By Court Of Appeals Halts Special Master In Mar-a-Lago Documents Case, Reaffirming Principle That No One Is Above The Law

Last night, in a unanimous ruling by a three-judge panel, the U.S. Court of Appeals for the 11th Circuit, ruled against former President Donald Trump and halted the special master’s review of the documents seized from Trump’s residence at Mar-a-Lago. “In considering these arguments,” the Appeals Court panel wrote, “we are faced with a choice: […]

Mar-a-Lago Documents Case: Amicus Briefs And Additional Resources

A group of former federal prosecutors and state and federal government officials who served in Republican Administrations, including former top Justice Department officials who served as Assistant, Deputy, and Acting Attorneys General, and U.S. Attorneys, filed amicus briefs in the three stages of the Mar-a-Lago documents case, at the district court and 11th Circuit Court […]

The Power Of Incumbency

Fred Wertheimer’s Weekly Note | December 1, 2022 There were a number of factors that led to the surprising November election results that showed the predicted Republican “red wave” to have been a mirage. On the Democratic side, there was the Supreme Court’s overturning of Roe v. Wade, the accomplishments of the President and Congress, and […]

Al Hunt Op-Ed In The Hill: Reports Of The Death Of Election Denialism May Be Greatly Exaggerated

“The current congressional lame duck session may be one of the most consequential,” Albert Hunt writes in an op-ed published yesterday in The Hill. “On the table are a long-term extension of the debt ceiling, aid to Ukraine, fiscal and tax matters, immigration and — at the top of the list — an election reform measure.” […]

Just Security Op-Ed: “Our Prosecution Memo Points The Way For The Special Counsel”

“Some people have argued against the need for, or timing of, the appointment of a special counsel in the federal investigations of former President Donald Trump. We welcome the announcement of veteran federal prosecutor Jack Smith in that role,” according to a new op-ed on Just Security, by the authors of an extensively researched report that assesses the potential […]

Election Deniers Rejected By American Voters, But The Threat Continues

Fred Wertheimer’s Weekly Note | November 17, 2022 President Joe Biden said before last week’s election that democracy was on the ballot. It was and democracy won. The clearest and most important example of this involved the Republican election deniers running for Secretary of State. As the officials responsible for state elections, they would have been […]

A Strong Basis Exists For DOJ To Indict Former President Trump For Crimes Dealing With Mar-a-Lago Documents Case, According To Just Security Report

A strong basis exists for the Justice Department to indict former President Donald Trump for crimes dealing with the national security information removed from the White House and retained at Mar-a-Lago, according to a new report, “Mar-a-Lago Prosecution Memo,” published today by Just Security. The report, based on publicly available information, was crafted as a “model […]