Salon.com. Supremes may delay Trump’s insurrection ruling

By Thomas Moukawsher / February 25, 2024 /

Salon.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…

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USA TODAY: Supreme Court should ban Trump from the ballot.

By Thomas Moukawsher / January 18, 2024 /

Supreme 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…

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The Hill: Legal myopia: Trump’s 14th Amendment case shows the emptiness of formalism.

By Thomas Moukawsher / January 18, 2024 /

OPINION>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,…

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Vermont Bar Association Fall Journal Book Review

By Thomas Moukawsher / January 18, 2024 /

Fall 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…

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Library Journal

By Thomas Moukawsher / January 18, 2024 /

The 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…

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Opinion: How Judge Aileen Cannon once again ruled in Trump’s favor | CNN

By Thomas Moukawsher / November 13, 2023 /

Don’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…

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Prosecutors Must Choose Wisely When Enforcing Rule Of Law | Law360

By Thomas Moukawsher / November 10, 2023 /

Legally, 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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Courts have to earn trust now every day with efficiency and fairness | Hartford Courant

By Thomas Moukawsher / October 12, 2023 /

  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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AI Won’t Be Deciding Your Case Anytime Soon

By Thomas Moukawsher / September 29, 2023 /

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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Judges don’t have to put up with litigants’ sniping in the media | The Hill

By Thomas Moukawsher / September 26, 2023 /

Perhaps President Donald Trump has crossed the line with his comments about court proceedings. Or perhaps he hasn’t. Let’s now consider the merits. Regardless of this particular case, judges never have to put up with parties who publicly attack themselves, lawyers, witnesses or prosecutors with lies. In criminal proceedings, the judges have a hammer to wield in…

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