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3 weeks ago | 
news.bloomberglaw.com | Erwin Chemerinsky |David L. Faigman |Nancy Gertner
Even though President Donald Trump has lost every case brought by law firms suing over his executive orders against them, he likely has achieved a primary objective—inflicting injury and intimidating major law firms so they will be less likely to challenge his executive actions. Surely the lawyers advising the president told him that his executive orders were blatantly unconstitutional and wouldn’t survive court challenge.
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Dec 26, 2024 | 
nytimes.com | Nancy Gertner |Joel Cohen
Judges simply can't be blind to what Mr. Trump, Ms. Bondi and Mr. Patel have said. They can't ignore their words if the Justice Department under Mr. Trump or the F.B.I. goes after those on an enemies list who have committed no crime beyond opposing the president-elect. Suppose a federal district judge is asked to sign off on an eavesdropping warrant under Title III of the federal criminal law.
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Oct 7, 2024 | 
nytimes.com | Nancy Gertner |Stephen Vladeck
There are important cases among the 40 that the Supreme Court has agreed to hear in its new term beginning on Monday, but no blockbusters: nothing like last term's ruling in the Donald Trump immunity case, or the affirmative action case from 2023, or the abortion and guns rulings from 2022. The real issue in the new term is about the court itself - that is, the Supreme Court's increasingly eroding credibility, and what, if anything, the justices are going to do about it.
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Jun 29, 2024 | 
bostonglobe.com | Stephen Gillers |Nancy Gertner
Judge Aileen CannonSouthern District of FloridaWhy is Judge Aileen Cannon slow-walking the Florida documents case against Donald Trump and others? There are three explanations, two of which are troubling and all of which call for appellate intervention. The benign explanation is that Cannon, recognizing her inexperience, simply wants to get it right.
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Jun 3, 2024 | 
nzherald.co.nz | Norman Eisen |Nancy Gertner
Home / WorldNew York TimesBy Norman Eisen and Nancy GertnerSaveshareShare this articlefacebookcopy linktwitterlinkedinredditemail Norman Eisen was special counsel to the House Judiciary Committee for the first impeachment and trial of Donald Trump. Nancy Gertner, a retired US District Court judge, is a senior lecturer in law at Harvard Law School. Now that Donald Trump has been convicted on 34 felony counts, his sentencing hearing looms on July 11.
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Jun 3, 2024 | 
startribune.com | Norman Eisen |Nancy Gertner
Opinion editor's note: Star Tribune Opinion publishes a mix of national and local commentaries online and in print each day. To contribute, click here. ••• Norman Eisen: The case for prison time for Trump Having witnessed every day of Donald Trump's criminal trial for falsifying business records to conceal a sex scandal that threatened his presidential campaign, I strongly believe the former president should be sentenced to incarceration.
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Jun 2, 2024 | 
exbulletin.com | Norman Eisen |Nancy Gertner
Now that Donald Trump has been found guilty on 34 counts, his sentencing hearing will take place on July 11. Below are two legal experts weighing in on the crucial question of whether Mr. Trump should be sentenced to prison. The case for prison time for TrumpHaving witnessed every day of Donald Trump's criminal trial for falsifying business records to cover up a sex scandal that threatened his presidential campaign, I firmly believe the former president should be sentenced to incarceration.
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Jun 2, 2024 | 
nytimes.com | Norman Eisen |Nancy Gertner
Now that Donald Trump has been convicted on 34 felony counts, his sentencing hearing looms on July 11. Below are two legal experts weighing in on the critical question of whether Mr. Trump ought to receive a prison sentence. By Norman Eisen Having witnessed every day of Donald Trump's criminal trial for falsifying business records to conceal a sex scandal that threatened his presidential campaign, I strongly believe the former president should be sentenced to incarceration.
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Apr 25, 2024 | 
wbur.org | Nancy Gertner
The Court doesn’t do so in a vacuum. Four lower court judges have already concluded that Trump is not immune from the accusations in the government’s January 6 indictment. U.S. District Court Judge Tanya Chutkan, who is presiding over the January 6 case, made it clear that: [w]hatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass.
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Oct 26, 2023 | 
wbur.org | Nancy Gertner
In 2000, a rider was attached to an appropriation bill without much fanfare. The rider would allow federal judges to earn money — called “honoraria” — for speeches, supplementing their public salary.
