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Randall Eliason

@rdeliason.bsky.social

White collar crime prof, former federal prosecutor, columnist and blogger, a cappella singer, husband, dad and grandpa.

47,702 Followers  |  341 Following  |  372 Posts  |  Joined: 08.10.2023
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Posts by Randall Eliason (@rdeliason.bsky.social)

Alito is going to retire, and Trump is going to appoint Cannon, isn't he. 🀦

24.02.2026 01:50 β€” πŸ‘ 29    πŸ” 6    πŸ’¬ 11    πŸ“Œ 1

Again, even if all that is successful, under the regs it is up to Bondi whether the report should be made public.

23.02.2026 22:37 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Even if Cannon's order is overturned, the regs leave it up to the AG whether a special counsel's report should be made public. How do we think that's going to go?

Unless there's a Daniel Ellsberg among the former SC staff, we will need to wait for a Democrat AG to - maybe - see the report.

23.02.2026 22:20 β€” πŸ‘ 21    πŸ” 8    πŸ’¬ 1    πŸ“Œ 1

This was my argument more than a year ago - turned out to be right, unfortunately.

23.02.2026 21:54 β€” πŸ‘ 27    πŸ” 6    πŸ’¬ 2    πŸ“Œ 0

As Ryan notes, it’s potentially very important that three of the Court’s conservatives are not buying the notion that Trump can do whatever he wants simply by making up a fake β€œemergency.”

20.02.2026 19:43 β€” πŸ‘ 37    πŸ” 5    πŸ’¬ 1    πŸ“Œ 0

That doesn’t detract from the enjoyment- it was the three conservatives who were necessary for a majority!

20.02.2026 18:49 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Yes, the 3 conservatives without whom there would be no majority!

20.02.2026 18:48 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Someone let the penguins of the Heard and McDonald Islands know that their long ordeal is coming to an end.

20.02.2026 15:45 β€” πŸ‘ 1134    πŸ” 259    πŸ’¬ 19    πŸ“Œ 15
Post image

Among the most important signs of how SCOTUS might rein in a President's claim to emergency powers is:

Chief Justice Roberts with Justices Gorsuch and Barrett on the 'major questions' doctrine.

The three express deep skepticism of claims to open-ended emergency powers:

1/

20.02.2026 15:49 β€” πŸ‘ 1041    πŸ” 325    πŸ’¬ 35    πŸ“Œ 21

Not gonna lie, it’s kind of fun to see the conservative administration’s key economic policy hoisted on the β€œmajor questions doctrine” petard.

20.02.2026 15:41 β€” πŸ‘ 178    πŸ” 16    πŸ’¬ 8    πŸ“Œ 1
A photo of Frodo speaking with Gandalf in the Mines of Moria: "I wish it had not happened in my time," said Frodo.
"So do I," said Gandalf, "and so do all who live to see such times. But the Dow is over 50,000."

A photo of Frodo speaking with Gandalf in the Mines of Moria: "I wish it had not happened in my time," said Frodo. "So do I," said Gandalf, "and so do all who live to see such times. But the Dow is over 50,000."

14.02.2026 00:18 β€” πŸ‘ 2344    πŸ” 390    πŸ’¬ 17    πŸ“Œ 12
Preview
Grand Jury Rebuffs Justice Dept. Attempt to Indict 6 Democrats in Congress

For years I've argued that the "ham sandwich" critique is wrong and that the discipline of having to go through the grand jury to obtain an indictment still acts as an important check on prosecutorial power. Grand juries under the Trump regime continue to prove it.

www.nytimes.com/2026/02/10/u...

11.02.2026 03:25 β€” πŸ‘ 40    πŸ” 5    πŸ’¬ 1    πŸ“Œ 0

OK, the Dunkin’ ad and the singing toilets were pretty funny.

09.02.2026 01:14 β€” πŸ‘ 9    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

The curious thing, given the inroads Trump made with Hispanics last year, is Bannon's apparent assumption that keeping them away from the polls in November would be good for Republicans.

Sort of like Trump's attacks on mail-in voting - may hurt R's as much or more than D's.

05.02.2026 22:34 β€” πŸ‘ 14    πŸ” 4    πŸ’¬ 4    πŸ“Œ 0

The renovations undoubtedly will include lots of gold trimmings and a giant bust of Trump’s head to go next to JFK’s - but slightly larger, of course.

02.02.2026 01:35 β€” πŸ‘ 20    πŸ” 1    πŸ’¬ 7    πŸ“Œ 1

Nathan, actually (speaking of pedants …)

24.01.2026 18:09 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

WaPo’s editorial board STILL doesn’t grapple with why THREE trial judges, and THREE appellate courts found a gag order against Trump was necessary.

It also sidesteps that Smith AVOIDED a 1A battle by selecting charges that didn’t require proving incitement.

24.01.2026 15:07 β€” πŸ‘ 418    πŸ” 155    πŸ’¬ 16    πŸ“Œ 5

There was also nothing on their home page about Jack Smith’s testimony the day after it happened.

24.01.2026 15:24 β€” πŸ‘ 6    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Yes but they also wrote a recent editorial making similar arguments.

24.01.2026 15:22 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
Preview
Opinion | Jack Smith is in First Amendment denial The former special counsel defends an indefensible bid to gag Donald Trump as he ran for president.

It continues to amaze me that the Washington Post appears more concerned about whether Trump’s gag order (prompted by his own unhinged attacks) was too broad than it is about his efforts to overturn the election, including unleashing a mob on the Capitol.

www.washingtonpost.com/opinions/202...

24.01.2026 14:48 β€” πŸ‘ 90    πŸ” 16    πŸ’¬ 16    πŸ“Œ 6
photo of march, signs for renee good and against ICe, crowded street.

photo of march, signs for renee good and against ICe, crowded street.

this photo. minneapolis. πŸ’œ

πŸ“·οΈ Alex Kormann/Star Tribune

23.01.2026 22:04 β€” πŸ‘ 13131    πŸ” 3503    πŸ’¬ 113    πŸ“Œ 218
Preview
Jack Smith’s Testimony and the Republican Efforts to Rewrite History "I'm not going to be intimidated"

To feed the narrative of "Trump as victim" Republicans had to make Smith appear to be a deranged, rogue prosecutor. Unfortunately for them, he was about as far from deranged as one can imagine.

The same can't be said of some of the Republicans questioning him.

www.sidebarsblog.com/p/jack-smith...

23.01.2026 20:49 β€” πŸ‘ 33    πŸ” 8    πŸ’¬ 0    πŸ“Œ 0
Preview
Jack Smith’s Testimony and the Republican Efforts to Rewrite History "I'm not going to be intimidated"

My latest on Sidebars: the Republican approach to the hearing can best be summed up as: β€œOK, so maybe Trump committed multiple felonies. But can we just talk for a minute about how you had the nerve to subpoena our phone records?”

www.sidebarsblog.com/p/jack-smith...

23.01.2026 17:31 β€” πŸ‘ 29    πŸ” 5    πŸ’¬ 2    πŸ“Œ 0
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The Washington Post's Misguided First Amendment Defense of Trump's Attempted Coup "Democracy Dies in Darkness"

I explained here (and in a letter to the Editor of the Post) why that editorial was so, to use a legal term, batsh*t crazy.

www.sidebarsblog.com/p/the-washin...

22.01.2026 16:18 β€” πŸ‘ 15    πŸ” 5    πŸ’¬ 0    πŸ“Œ 0

A proud moment for the Washington Post: Jim Jordan quotes their editorial arguing that prosecuting Trump for Jan. 6 would have violated the First Amendment, and enters it into the record.

22.01.2026 16:02 β€” πŸ‘ 70    πŸ” 12    πŸ’¬ 2    πŸ“Œ 1

And that Hutchinson had much more to potentially testify about than the incident in the car - which is why it made sense not to rule out calling her as a witness.

22.01.2026 15:56 β€” πŸ‘ 21    πŸ” 6    πŸ’¬ 1    πŸ“Œ 0
Preview
Halligan Leaves as U.S. Attorney After Mounting Pressure From Judges

"Lindsey Halligan, tapped by President Trump to prosecute his enemies, has left the U.S. attorney’s office in the Eastern District of Virginia, Attorney General Pam Bondi said late Tuesday after a judge called Ms. Halligan’s bid to remain in office a β€œcharade.”"
www.nytimes.com/2026/01/20/u...

21.01.2026 03:04 β€” πŸ‘ 267    πŸ” 58    πŸ’¬ 15    πŸ“Œ 7

You’ve heard of fighting fire with fire?

Well, this is Minnesota in January, so …

18.01.2026 01:37 β€” πŸ‘ 27    πŸ” 6    πŸ’¬ 3    πŸ“Œ 0

Fighting ICE with ice

16.01.2026 00:23 β€” πŸ‘ 13    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

What they're not telling you is the "internal bleeding" was caused by other agents chest-bumping him and slapping him on the back to celebrate the shooting.

15.01.2026 21:06 β€” πŸ‘ 33    πŸ” 5    πŸ’¬ 1    πŸ“Œ 0