At his trial on January 6-related charges, the 45th president will argue that he was just exercising his free speech rights, but Smith’s indictment blocks any First Amendment path to acquittal.
James D. Zirin
James D. Zirin, author and legal analyst, is a former federal prosecutor in New York’s Southern District. He also hosts the public television talk show and podcast Conversations with Jim Zirin.
How Serious is the Authoritarian Threat Here and Abroad?
In Spain, a far-right party falls short of fears, while in the U.S., Trump’s march toward the nomination continues.
Cannon Fodder: The Judge in the Trump Documents Case Sets An Early Trial Date, But That’s Not Happening
The jury is still out on Aileen Cannon, but her filing to start the former president’s trial in August shouldn’t be taken seriously. Here’s what could delay justice and why.
How Delay and Recusal Might Save Trump
The 37-count indictment of Donald Trump is so damning and so meticulously documented with references to conversations with his own lawyers, video recordings, text messages, taped conversations, and the 45th president’s own words about the sanctity of classified documents that were the client not Mr. Mar-a-Lago, any lawyer would advise copping a plea. In the […]
Tom Hanks, Donald Trump, and the End of Truth
In his Harvard commencement speech, the Oscar-winning actor underscored the culture of lying that’s swelled in recent years. From Ted Cruz to Fox News, is there any going back to the pre-Donald era?
The Reversal of Trump’s Fortunes
The former president’s chances of locking down the Republican presidential nomination are rising just as his legal situation worsens, including this week’s rape accusations in a New York City courtroom.
Clarence Thomas’s Vacation Scandal Shouldn’t Fade From Memory
Yes, the judicial Code of Conduct doesn’t apply here, but a reading of the law and even the late Justice Antonin Scalia’s comments on free travel underscore Thomas’s deceit.
Term Limits for Supreme Court Justices Solves a Lot of Problems
It eases the damage from the GOP’s stolen seats, assures an even distribution among presidents, and gives the geriatric court new blood.
Pence to Trump: I Just Can’t Quit You
The special counsel demands that he testify but the former veep refuses—on dubious legal grounds—to fully break with the man who would have let him hang.
Has Merrick Garland Outmaneuvered Himself?
By appointing special counsels in the Trump and Biden document cases, he’s made a mess of both investigations.

