Newsweek Donald Trump’s Fraud Case in New York Is Far from Over | Opinion By Thomas G. Moukawsher Retired Judge and Author The New York Supreme Court decision in former President Donald Trump‘s fraud trial will show that American justice is real—and real slow. Yes, Justice Arthur Engoron‘s decision will show that no one is above the law. But the…
Read MoreSalon.com COMMENTARY The Supreme Court, scrambling to save face, may delay Trump’s insurrection ruling If Donald Trump loses, the Supreme Court’s insurrection problem goes away By THOMAS G. MOUKAWSHERPUBLISHED FEBRUARY 8, 2024 5:03PM (EST) The Supreme Court’s credibility is at an all-time low. The last thing the court needs is the perception that it made…
Read MoreSupreme Court should ban Trump from the ballot. And not worry about the political fallout. More than the presidential election will be at stake when the Supreme Court settles whether former President Donald Trump is disqualified from office for being accused of engaging in insurrection. Thomas G. Moukawsher Opinion contributor More than the presidential election…
Read MoreOPINION>JUDICIARY THE VIEWS EXPRESSED BY CONTRIBUTORS ARE THEIR OWN AND NOT THE VIEW OF THE HILL Legal myopia: Trump’s 14th Amendment case shows the emptiness of formalism BY THOMAS G. MOUKAWSHER, OPINION CONTRIBUTOR – 12/07/23 3:00 PM ET SHARETWEET Protesters supporting U.S. President Donald Trump storm the U.S. Capitol on January 6, 2021 in Washington,…
Read MoreFall 2023, Vol. 49, No. 3. BOOK REVIEW The Common Flaw: Needless Complexity in the Courts and 50 Ways to Reduce It by Thomas G. Moukawsher Brandeis University Press, 2023. Reviewed by Gary G. Shattuck, Esq. Fifty. As in: Ways to Leave Your Lover; Shades of Grey; Hawaii Five-O; number of American states; years of…
Read MoreThe Common Flaw: Needless Complexity in the Courts and 50 Ways To Reduce It. Moukawsher, Thomas G. The Common Flaw: Needless Complexity in the Courts and 50 Ways To Reduce It. Brandeis Univ. Sept. 2023.240p. ISBN 9781684581641. $29.95. LAW Connecticut complex-litigation judge Moukawsher’s book begins and ends with a critique of the U.S. Supreme Court…
Read MoreDon’t misunderstand Judge Aileen Cannon’s decision Friday to stick to the established May date of the Mar-a-Lago trial. Though it could be read as a defeat for former President Donald Trump, as he wanted to push the date back further, in fact the defendant has just won a partial victory for his top legal strategy — dragging out the cases against him until…
Read MoreLegally, Donald Trump’s Jan. 6 election interference case and Hunter Biden’s gun charge case have more in common than you might think. Whatever the right outcome of each case should be, both cases illustrate exercises in prosecutorial discretion. The use and misuse of this discretion is worth studying. It can signal whether we live under…
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There isn’t a lot of praise circulating for American institutions today. Even though we can see abundant evidence of the shortcomings of alternative systems in Russia, China and elsewhere, too many Americans are buying populist propaganda against their own government. Lately, it’s the courts’ turn. Judges are being denounced as biased, corrupt and incompetent, not…
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Reports of the death of humanity at the hands of artificial intelligence (AI) have been greatly exaggerated. Particularly in court. Yes, AI can help courts manage and interpret data. It has even been used by judges to predict whether a convicted person might offend again. But no, it can’t replace judges. Court decisions involve judgment.…
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