Justice Matters with Glenn Kirschner

When the impeachment votes were cast, 57 Senators voted that Donald Trump is guilty of inciting an insurrection but 43 Senators voted not guilty, falling short of the two-thirds required to convict Trump and ban him from holding office in the future.  The political process has failed to hold Trump accountable. It's now time for the DOJ and the courts, as well as state attorneys general, state pros...

In a quixotic mix of poor lawyering, disrespect and untruths, Trump's defense attorneys debase an already ugly impeachment hearing. Here are some of the lowlights . . .  Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter...

House Managers (prosecutors) spend a second day presenting their evidence at Donald Trump's impeachment "trial." The only question I have is: Can I get a witness?  Here's a recap of some of the evidence and arguments of the day.  Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you g...

As The Washington Post and other news outlets are reporting, President Biden will be asking for the resignation of all Trump-appointed US Attorneys, with two exceptions. As a career federal prosecutor serving under every president from Reagan through Trump, I can attest to the fact that it is entirely usual for each new incoming presidential administration to ask current US Attorneys to resign so...

Here is a quick recap of day one of Donald Trump's SECOND impeachment trial. We had the unique opportunity to see lawyering at opposite ends of the quality spectrum. And we discuss the troubling result of 44 Republican senators apparently happy to give trump cover for launching a deadly insurrection on the US Capitol. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glenn...

We made it through Super Bowl Sunday and now it's . . . Impeachment Monday. With the impeachment "game" getting ready to kick off in the US Senate on Tuesday, here is an impeachment pre-game show discussing why an impeachment "trial" really isn't a trial in any sense of that word. Also, we cover the tactical arguments we're likely to hear from the Democrats as well as from the Republicans. And the...

Several questions have arisen regarding the way the criminal justice system is handling cases involving insurrectionists. Trump Donor turned Trump Judge Trevor McFadden let insurrectionist Jenny Cudd head to Mexico for a little R and R before her trial for trying to violently overthrow our government. Is this a justifiable judicial decision? And why didn't the Department of Justice oppose the requ...

Insurrectionist Jenny Cudd, who once ran for Mayor of Midland Texas, bragged about how she violently broke into the US Capitol, violently broke down Nancy Pelosi's office door and how people stole things from the Speaker's office. Even after having two days to reflect on what she had done, she proudly declared, I would absolutely do I again.  Cudd was arrested and released. She then told Federal J...

In an appalling bit of Republican obstruction, Lindsey Graham (who at the moment remains the leader of the Senate Judiciary Committee) is refusing to set a date for the confirmation hearing for Merrick Garland, President Biden's nominee for Attorney General. Graham's action is transparently in retaliation for the impeachment of Donald Trump. Indeed, Graham himself connects the two in a statement h...

Donald Trump has struggled to find defense attorneys who are willing to represent him in his upcoming Senate impeachment trial. This is entirely unsurprising given that, 1. Trump is famous for stiffing his attorneys and 2. Trump reportedly is insisting on a defense that includes a false claim that the election was stolen from him.  Although the rules and procedures at a criminal trial versus an im...

Donald Trump has used the word "Stop" over and over again to accomplish his nefarious ends: "stop" voting by mail, "stop" Congress from certifying the election results. Of course, Trump adds words like "fraud" and "steal", apparently believing it will somehow help shield him from criminal liability. Here's why he is wrong . . .  Please consider becoming a #TeamJustice patron at: https://www.patreo...

Many people know of Merrick Garland primarily because he was nominated by President Obama to be a Supreme Court Justice but Senate Majority Leader Mitch McConnell unconstitutionally deprived Judge Garland of an "advice and consent" confirmation hearing.  What many might not know is that, as a Department of Justice prosecutor, Garland headed up the investigation and prosecution of our nation's dead...

As a career prosecutor, I was involved in many long-term criminal investigations, both overt and covert. As part of every investigation, we had to balance public safety concerns against the need to continue to investigate before moving to the "takedown" stage - arresting the targets of the investigation. The available evidence supports a conclusion that Donald Trump incited the insurrection on the...

Two questions frequently are being asked in the aftermath of the January 6th storming of the US Capitol: 1. Why are the individuals who are being arrested being charged with what seem like low level criminal offenses? 2. Why are most of the insurrectionists being released by judges after they have been arrested and presented in court? In my 30 years as a federal prosecutor, I investigated, indicte...

The frustration of the American people is as understandable as it is palpable. Donald Trump committed so many crimes in plain sight yet he has been held accountable for nary a one. Moreover, it's being reported that Trump is golfing in Florida and plotting his revenge against Republicans who, in his estimation, did him wrong.  As a federal prosecutor for 30 years, rarely did I have as much evidenc...

In his first week, President Joe Biden has been signing Executive Orders at a remarkable pace. Notably, these executive orders have an overarching theme of restoring honor, decency, accountability, diversity and equality to our federal government. In short, he is trying to repair the incalculable damage to our government done by Donald Trump. In another break with Trump precedent, Joe Biden direct...

Attorneys General of Maryland and the District of Columbia, as well as the nonprofit organization Citizens for Responsible Ethics in Washington (CREW) sued Donald Trump for his obvious and chronic violations of the emoluments clause of the Constitution (personally profiting from his office). The trial courts refused to dismiss the cases but Trump engaged in endless appeals and delays. When the cas...

The first Senate impeachment of Donald Trump was anything but a trial: no witnesses, no documents, no evidence, no testimony. Indeed, half of the Senators refused to hold Trump accountable for crimes and abuses he committed in plain sight. But if Senate Impeachment Trial part one was an embarrassment, just wait until Senate Impeachment Trial: The Sequel. Every single senator - the jurors - has a d...

The Washington Post and the New York Times reported that Trump planned to oust Acting Attorney General Rosen so he could install a DOJ Official named Jeffrey Clark as AG so Clark could help him corruptly overturn the Georgia election results. What are the next steps to address a situation where a president of the United States recruited a top DOJ Official to participate in a criminal conspiracy to...

Senate MINORITY Leader Mitch McConnell is demanding that the Senate MAJORITY Leader Chuck Schumer leave the filibuster in place, meaning that it would make it significantly harder for the Democrats to pass legislation or confirm presidential nominees on a simple majority vote.  This is the same Mitch McConnell who bragged about being the grim reaper and presiding over a legislative graveyard where...

Topic 1: President Biden has decided to keep Christopher Wray as the Director of the Federal Bureau of Investigation. Here are the pros and cons of keeping Wray in place. Topic 2: Donald Trump pardons his close associate, Steve Bannon. Bannon therefore can not be charge in federal court but he CAN and should now be charged in state court. What are the consequences to a state court prosecution of B...

During his inaugural address, Joe Biden said, "The dream of justice will be deferred no longer." Given the crimes and abuses of the Trump administration, Biden's words must become a battle cry. As difficult as it will be, the crimes of the past four years must be investigated and, when the evidence supports it, charged and prosecuted. There can be no justice without accountability, which is why Pr...

It's being reported that Trump is preparing to issue as many as 100 pardons. This surprises exactly no one, as it's a fitting last act of a president who has been largely lawless during his four years in office. But what are the consequences for the people who decide to accept a pardon from Trump? The Supreme Court answered that question in 1915 in the case of George Burdick v. The United States....

As a career federal prosecutor, I spent 30 years arguing cases in courts. In the final days of the Trump presidency, here is the first in a series of "closing arguments" regarding the legal issues that will have to be addressed in. the near future by the Biden administration. Today's installment: why the Department of Justice MUST challenge a presidential self-pardon and why the courts will strike...

DC Federal District Court Judge Reggie Walton is presiding over Freedom of Information Act (FOIA) litigation regarding the Mueller Report. In that capacity, Judge Walton discussed in open court on Friday how his colleague on the DC Federal Court, Judge Emmet Sullivan, might challenge Donald Trump's pardon of Mike Flynn.  Having appeared as a federal prosecutor before both Judge Walton and Judge Su...