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Retired federal judge J. Michael Luttig filed an amicus brief with the U.S. Supreme Court on Monday arguing that former President Trump is disqualified to run for public office under Section 3 of the 14th Amendment. Luttig, a longtime conservative jurist on the 4th U.S. Circuit Court of Appeals, argued the Supreme Court justices, when they hear arguments next month in the case involving the Colorado Supreme Court decision to bar Trump from the ballot, should take a “textualist” approach to interpreting the constitution. “The ‘textualist’s touchstone’ is to give every constitutional provision its ‘fair meaning,’” Luttig wrote. “A narrow...

X users hit back at Harvard professor emeritus Laurence Tribe for tweeting out (and then deleting) a conspiracy theory that Israeli Prime Minister Benjamin Netanyahu is pursuing war against Hamas militants to distract from his own corruption in government. Tribe has now expressed regret for the "ill-informed" statement. Following Netanyahu’s Saturday statement declaring that Israel is "at war" after the deadly Hamas attack on his country resulting in the death of more than 100 Israelis, the progressive legal scholar posted that the prime minister was "wagging the dog of war" to keep the focus off his own authoritarian behavio

Below is my column in the New York Post in response to the attack this week by Harvard Professor Laurence Tribe. I am honestly saddened by the ad hominem attacks that have become common place with many academics like Tribe. There was a time when legal disagreements could be passionate but not personal. The use of personal insults and vulgar trash talking were avoided in our profession. Now even law deans have called Supreme Court justices “hacks” to the delight of their followers. I have always said that there are good-faith arguments on both sides of the 14th Amendment theory...

The day after the federal court in Missouri v. Biden granted our request for a preliminary injunction against the government’s censorship regime, law professors Leah Litman and Laurence Tribe published an article in Slate slamming the court’s ruling. Framing the case in entirely partisan terms, Litman and Tribe’s analysis betrayed an inadequate understanding of the First Amendment free speech guarantees and established limits on government power. The next day, the Biden administration requested a stay against the injunction (which was denied by the district court judge) and appealed the decision to the Fifth Circuit. As one of the plaintiffs in...

In past columns, we have discussed how Harvard Law professor Laurence Tribe seems intent upon running through the entire criminal code in declaring clear evidence of every federal crime by former President Donald Trump and/or his family. Just for the purposes of keeping score, Tribe declared evidence supporting criminal charges of witness tampering, obstruction of justice, criminal election violations, Logan Act violations, extortion, espionage, and treason by Trump or his family. He has now added attempted murder in an interview on CNN’s “Erin Burnett OutFront.” In addition to declaring former President Donald Trump clearly guilty of the attempt to murder...

Thursday on CNN’s “Erin Burnett OutFront,” Harvard Law professor emeritus Laurence Tribe said that his former student Attorney General Merrick Garland would criminally charge former President Donald Trump. Burnett asked, “From everything you have seen so far, including the hearing today that focused so much on Trump causing violence against Pence, do you believe the committee has proven that Trump himself knowingly committed crimes?”

Harvard Law professor emeritus Laurence Tribe said Thursday on CNN’s “Erin Burnett OutFront” that former President Donald Trump attempted to murder Vice President Mike Pence on January 6, 2021. Burnett asked, “From everything you have seen so far, including the hearing today that focused so much on Trump causing violence against Pence, do you believe the committee has proven that Trump himself knowingly committed crimes?”

Harvard law professor and constitutional scholar Laurence Tribe offered a spirited endorsement of Elena Kagan in a 2009 memo that noted the law school dean had the ability to persuade “a bunch of prima donnas to see things her way.” The memo (PDF), leaked to conservative blogger Ed Whelan, bluntly advised against the appointment of Sonia Sotomayor to fill the seat of retiring Justice David H. Souter, a recommendation ignored by President Obama. The New York Times Caucus blog, the Wall Street Journal and the Washington Post all have stories. Tribe wrote that Kagan would be better able to persuade...

In the year since the Jan. 6 attack on the Capitol, a handful of Democrats, constitutional scholars and pro-democracy advocates have been quietly exploring how a post-Civil War amendment to the Constitution might be used to disqualify former President Trump from holding office again. Calls for Congress to take steps to strip Trump of his eligibility, which reached a crescendo in the aftermath of the Jan. 6 riot, have since decreased. But those who remain engaged on the issue say discussions about applying Section 3 of the 14th Amendment have been ongoing. “If anything, the idea has waxed and waned,”...

If taking claims to court undermines democracy, how to defend Democrats' vociferous and repeated claims that Donald Trump stole the election in 2016 with the help of Russia?A prominent liberal legal academic who spent the last four years pushing outrageous, discredited, and debunked conspiracy theories about Donald Trump stealing the 2016 election said on Fox News Sunday that refusal to accept the legitimacy of the 2020 presidential election threatens the country. “He is undermining democracy because there are millions of people who will believe him even though there is nothing to his arguments and no evidence to back them,” Harvard...

VIDEO Liberal Supreme Court Justice In Waiting Who Never Was Laurence Tribe gave away the ultimate Democrat election game plan to Joy Reid on MSNBC on July 31. As he explains, via massive use of mail-in ballots which, as we have already seen, cause chaos, confusion, and delay, the electoral college could be unable to choose a clear winner of the election. If no winner is determined by this January 20 then, according to Tribe, Nancy Pelosi would become president...if the Democrats retain control of the House.

Twenty legal luminaries led by Harvard professor Laurence Tribe have written a brief urging Judge Emmet Sullivan to reject the government’s motion to dismiss the Michael Flynn case. Twenty legal luminaries calling themselves “Separation of Powers Scholars” and led by Harvard Professor Laurence Tribe have written a brief urging Judge Emmet Sullivan to reject the government’s motion to dismiss the Michael Flynn case and to proceed to sentencing.The brief is a shoddy piece of work. It tells little about the Flynn case, even misleading on that score, but it triggers disturbing ruminations about the sad state of current legal academia.How...

US District Judge Emmett G. Sullivan unquestionably knows that when a federal defendant pleads guilty but then asks to be relieved of his fate, it is up to the court to decide the merit of his argument — no matter who supports it, including a prosecutor who has switched sides. Sullivan is presiding over the case in which former National Security Adviser Michael Flynn pleaded guilty twice to serious federal crimes and is ready for sentencing. The fly in the ointment is a recent request by Attorney General William Barr that basically says: Never mind. Ignore those guilty pleas; Flynn...

Former RNC chairman Michael Steele is the kind of Republican that MSNBC loves. He is more than willing to repeat the latest liberal talking points about President Trump. He continued that tradition on Thursday's MSNBC Live when he endorsed the latest scheme by House Speaker Nancy Pelosi and Harvard professor Laurence Tribe to refrain from delivering the articles of impeachment to the Senate until Senator Mitch McConnell gives into their demands for witnesses. Steele completely ignored the language of the Constitution, which plainly states “The Senate shall have the sole Power to try all Impeachments.” They don’t need to negotiate...

Rep. Blumenauer says he has approached Pelosi about this and said she indicated she's "considering it." He argued that a delay would allow the House to continue collecting evidence and possibly win favorable court rulings to advance their case.

Some House Democrats are pushing Speaker Pelosi to withhold the articles of impeachment that are expected to be approved by the House Wednesday, an idea that has been championed by Harvard Law School Professor Laurence Tribe. The notion of impeaching Trump but holding the articles in the House, which could delay a trial in the Senate for months, has gained traction among some of the political left as a way of potentially forcing Senate Majority Leader Mitch McConnell, R-Ky., to conduct a trial on more favorable terms for Democrats. And if no agreement is reached, some have argued, the trial...

Laurence Tribe explains why Congress should aim to work at three speeds. On this week’s Amicus, Dahlia Lithwick spoke to Laurence Tribe, professor of constitutional law at Harvard, about some of the legal questions the impeachment inquiry into President Donald Trump’s behavior has brought up. A portion of that conversation, which has been lightly edited and condensed for clarity, is below. Dahlia Lithwick: We’ve had quite anxious listener mail this week saying, what does Congress do? What teeth can Congress put into a system where essentially the nihilist argument has been made—“I spit on your system, your system does not...

RUSH: I was all ready to go. I had everything all lined up and in order, and this is what happens. Every day at the very last minute I get something that upsets everything I had planned. Everything I had planned is still gonna happen. But man, oh, man, folks, these people are beyond being categorized now. Do you know the name Laurence Tribe? Laurence Tribe, law professor emeritus. He’s part of the Professor Dershowitz crowd at Harvard. And he is the Democrats’ favorite Supreme Court justice that’s never been nominated. That’s who he is. He used to be on...

Harvard law professor Laurence Tribe unleashed an unhinged attack on President Trump and his supporters Wednesday after the commander in chief said he was considering an executive action that would end the practice of "birthright citizenship." "This fuxxxng racist wants to reverse the outcome of the Civil War," Tribe claimed. He was referring to the 14th Amendment, which is often cited by media figures as a Constitutional guarantee to citizenship for anyone – including children of illegal immigrants – born in the United States.