Renato Mariotti

I know not everyone follows me on Substack and/or Insta but a quick note that @renatomariotti.bsky.social and I are doing a happy hour in a couple of weeks to talk about our It's Complicated democracy cruise to Alaska next July! Find out more and RSVP here www.travelstore.com/group-travel...

Just a reminder: as a lawyer you don’t have to do immoral things for the client. You can quit.

Jack Smith’s January 6th report is out (link below). Check out his cover letter defending his work as well as a letter from Trump’s lawyers, and Smith’s response, at the end. Smith also sets forth in detail the reasons why he believed a prosecution was warranted. www.nbcnews.com/politics/jus...

I asked Liv, the Meta-Ai created “queer momma” why her creators didn’t actually draw from black queer people. Not sure if Liv has media training, but here we are.

Judge Merchan said that he will sentence Trump to "unconditional discharge", which essentially means that he won't be punished at all.

What tips do you have to use BlueSky to learn about breaking news? I’m following a bunch of media organizations but I have yet to find a feed that prioritizes breaking news content.

The Fulton County prosecution is essentially dead. Anna’s analysis is on point — technically, Fani Willis could appeal to the Georgia Supreme Court, and even if she loses, another prosecutorial office could be appointed. I wouldn’t hold my breath waiting for either one to happen.

Isgur’s call for potential Trump targets to refuse pardons comes from a place of privilege. It’s easy to advise others to refuse a pardon when you have significant resources and aren’t a target yourself. Criminal investigations cause significant financial burdens, stress, and personal upheaval.

It’s hard to make sense of this settlement. On its face, Trump’s suit looks like an uphill battle at best. Why would ABC agree to pay $15 million in an embarrassing settlement right before its lawyers were set to depose Trump?

These false claims were trumpeted endlessly on TV and in print. The prosecution and guilty plea of the "informant" who spread those false claims has received little attention. This is how disinformation works.

Wray’s term as FBI Director does not end until 2027. It is not normal for a president-elect to threaten to fire the FBI Director. Wray could have stayed on until Trump tired him, but he is making things easy for Trump.

Michael Flynn pleaded guilty to lying to the FBI. Bringing a malicious prosecution claim is challenging even when you fight and beat the government.

This should be alarming to everyone. The Members of the January 6th Committee are protected by the Constitution from arrest for their Congressional duties. Trump is calling for them to be arrested for performing their congressional oversight role pursuant to Article I of the Constitution.

On this date in 1941, Pearl Harbor was attacked by the imperial forces of Japan. The loss of life and destruction was horrific, and it pulled the U.S. into the war. For Japanese Americans, it was a terrifying time. Overnight, we became the “enemy within” because we were of Japanese descent. /1

The Fourteenth Amendment to the Constitution states that “all persons born” in the United States are “citizens of the United States.” It will be difficult for any textualist judge not to give meaning to those words.

2025 is going to be a very busy year for lawyers. The need for pro bono representation will be higher than ever before.

A remarkable image.

Check out my conversation with Jen Rubin!

Biden could pardon everyone who Trump intends to target, like Liz Cheney and Cassidy Hutchinson.

What "moment in time" is Mika referring to? Her statement doesn't even make sense.

CJ Roberts: "Mr. Strangio?" Chase Strangio of the ACLU—first openly trans advocate to argue before the US Supreme Court—is up

Montana state legislators have many important issues to tackle, so of course they spent their time trying to regulate which bathroom one of their colleagues can use.

Months ago I wrote that Hunter wouldn't have been prosecuted for those particular crimes if his last name wasn't Biden. That said, singling him for a pardon is not worthy of praise. Is it understandable? Sure. But there are many others who merit pardons whose last names aren't Biden.

My main issues with "X" are two-fold. Musk has boosted the comments of random people who pay $10 a month, often trolls, over people who have something useful to say. He's also boosted himself and MAGA voices artificially and deboosted links. Together, these ruin the value of "X" to me.

Kash Patel is the same guy who claimed that he was present when Trump spoke words to "declassify" mass quantities of documents before he took them to Mar-a-Lago. Now Trump plans to appoint him FBI Director.

Kash Patel may not be confirmable, but Trump could appoint him to a role at FBI that doesn't require Senate confirmation and then have him act as Acting Director for a period of time after Trump fires Chris Wray.

This is the most concerning Trump pick thus far, and that’s really saying something.

If Trump wanted to arrest a Mayor or Governor, he could find an aggressive prosecutor willing to pull the trigger. But it would be very difficult making those charges stick, given all of the defenses available. Mayors and Governors have the means to mount an aggressive defense.

Didn’t come soon enough.

Henry wishes all of you a very Happy Thanksgiving.

No one who investigated the abuse and exploitation of children, or was a victim, would ever throw around terms like "groomer" or "pedo" as an insult the way that he does. It's offensive to anyone who understands the horror those terms actually refer to.

Show me a picture on your phone that has your energy that isn't a selfie.

I agree that Jack Smith had no choice but to dismiss the charges against Trump, given DOJ policy, and that moving for dismissal himself ensured that his actions weren't misrepresented by subsequent Trump appointees. But I doubt a future prosecutor will take up these cases after Trump leaves office.

Thank goodness that the framers of the Constitution narrowly defined "treason." They had first-hand experience with a King wrongfully declaring them "traitors" and didn't want that abuse to continue.

This appeal will certainly be dismissed at some point after Trump is inaugurated, or become moot if Trump pardons his co-defendants. But if the Court of Appeals makes a decision before that happens, it could undo Judge Cannon's decision, which otherwise would stand as a precedent.

Henry was also a rescue from Puerto Rico!

Drake filed a lawsuit over "Not Like Us" and it's exactly what you might have expected: "Drake has repeatedly sought to engage UMG in discussions to resolve the ongoing harm he has suffered as a result of UMG’s actions." iapps.courts.state.ny.us/nyscef/ViewD...

The big news here is that Trump's legal team did not insist that the indictment was dismissed *with* prejudice. Technically speaking, this means that the indictment could be filed in the future, if Trump is no longer president. But there are statute of limitations issues, and he may pardon himself.

Clearly you didn't watch any White Sox games this year!

"The Constitution's prohibition on federal indictment and prosecution of a sitting President ... is categorical and does not turn on the gravity of the crimes charged, the strength of the Government's proof, or the merits of the prosecution, which the Government stands fully behind."

Jack Smith specifically asks for a dismissal *without* prejudice, but I expect Trump's lawyers to fight for a dismissal *with* prejudice, which would prevent the charges from being reinstated after he leaves office.

Trump has successfully moved the "Overton window" since 2016. What was shocking in 2016 has become "acceptable." How did that happen? How much further will the window shift towards authoritarianism?

Fortunately First Amendment jurisprudence remains robust and protects news organizations from discrimination based on the viewpoints they express.

This is why BlueSky needs verification. Using a personal website isn’t good enough.

BlueSky really needs verification. I agree with Randi — what about you?

Elf has got to be in the top three.

I'm really excited to go on this cruise with Asha! Come join us on this small cruise ship on a trip from Denmark to Iceland. We'll have some events on board to get to know everyone, but the emphasis will be on having fun!

At least on this site we don't have to hide words with asterisks to avoid censorship from a billionaire who can't handle competition or free discourse.

Threads feels like a text-only extension for Instagram rather than a worldwide conversation. They blew a huge early lead to Bluesky.

I’m interested in @orinkerr.bsky.social’s take on this. I’ve repeatedly run across the DOJ using “cooperators” within a company to obtain evidence that they could not otherwise obtain.