Columns – JONATHAN TURLEY (2024)

Below is my column in The Hill on the start of the Hunter Biden trial and the elements of a classic jury nullification strategy by the defense. It is not clear that it will work in an otherwise open-and-shut case, but it might. What is clear is that it may be all that Biden has short of the Rapture.

Here is the column: Continue reading “Is Hunter Biden Pursuing a Jury Nullification Strategy?” →

Below is my column in the Hill on the most compelling grounds for an appeal in the Trump case after his conviction on 34 counts in Manhattan. There has been considerable criticism of the defense team and its strategy in the case, including some moves that may undermine appellate issues. However, after the instructions became public, I wrote a column that I thought the case was nearly un-winnable, even for those of us who previously saw a chance for a hung jury. Clarence Darrow would likely have lost with those instructions after the errors in the case by Judge Juan Merchan. At that point, it became a legal canned hunt. So the attention will now shift to the appellate courts. While it may be tough going initially in the New York court system for the former president, this case could well end up in the federal system and the United States Supreme Court. The thrill kill environment of last week may then dissipate as these glaring errors are presented in higher courts.

Here is the column:

Continue reading “Buzz Kill: The Trump Conviction Presents a Target-Rich Environment for Appeal” →

Below is a slightly expanded version of my column in the New York Post on the verdict in the Trump trial. The Manhattan case, in my view, was a raw political use of the criminal justice system. It is only the latest example of the use of the justice system for political purposes and harkens back to the Adams Administration at the start of our Republic. I discuss that period in my book, The Indispensable Right: Free Speech in an Age of Rage (which is available this month).

Here is the column: Continue reading “The Ghost of John Adams: How the Trump Trial Harkens Back to a Dark Period of American Law” →

Below is my column in The Hill on the ongoing deliberations in the Trump trial. The instructions in the case raised concerns that the deliberations could become a legal version of a canned hunt, where the prey is trapped in a cage or fenced in areas to be dispatched. Elements of the instructions are disturbing in reducing what is required to convict the former president.

Here is the column:

Continue reading “A Manhattan Canned Hunt: The Trump Jury is Out But is the Case in the Bag?” →

Below is my column in the New York Post on the closing arguments scheduled for today in the trial of former President Donald Trump. The column explores the key elements for a closing to bring clarity to the chaos of Judge Juan Merchan’s courtroom.

Here is the column:

Continue reading “The Closing: Trump’s Final Argument Must Bring Clarity to the Chaos in Merchan’s Courtroom” →

Below is my column in the Hill on the approaching closing arguments in the Trump trial. Manhattan District Attorney Alvin Bragg appears to be launching his own school of abstract legal work in the Trump indictment. The key is to avoid any objective meaning.

Here is the column: Continue reading “Bragg and the Jackson Pollock School of Prosecution: Why the Trump Trial Could End With a Hung Jury” →

Below is my column on Fox.com on the closure of the government and defense cases in the Trump trial. It is clear that the government is going to achieve its objective in avoiding a direct verdict and giving this matter to the jury, which it hopes that the paucity of direct evidence of a crime will be overcome with an abundance of hostility to Donald Trump. As I previously have written, I am still hopeful that these jurors will vindicate the New York legal system with at least a hung jury. In the end, we will see if a Manhattan jury will exercise blind justice or willful blindness.

Here is the column: Continue reading “The Lawrence O’Donnell Factor: Will the Trump Jury Exercise Blind Justice or Willful Blindness?” →

Below is my column in the New York Post on the meltdown of Michael Cohen on the stand in the Manhattan trial of former President Donald Trump. In a trial careening out of control, Judge Juan Merchan seemed to be furiously working to just get the matter to the jury as fast as possible. Judge Merchan seems in open denial of the legal farce playing out in his courtroom. He is only the latest person pulled into the vortex of the swirling corruption around Michael Cohen.

Here is the column: Continue reading ““Are You Staring Me Down?”: Judge Merchan Becomes an Oddity in his Own Courtroom” →

Below is my column in Fox.com on the approaching end of the Trump trial in Manhattan. With the dramatic implosion of Michael Cohen on the stand on Thursday with the exposure of another alleged lie told under oath, even hosts and commentators on CNN are now criticizing the prosecution and doubting the basis for any conviction. CNN anchor Anderson Cooper admitted that he would “absolutely” have doubts after Cohen’s testimony. CNN’s legal analyst Elie Honig declared “I don’t think I’ve ever seen a star cooperating witness get his knees chopped out quite as clearly and dramatically.” He previously stated that this case would never have been brought outside of a deep blue, anti-Trump district. Other legal experts, including on CNN and MSNBC, admitted that they did not get the legal theory of the prosecution or understand the still mysterious crime that was being concealed by the alleged book-keeping errors. The question is whether the jury itself is realizing that they are being played by the prosecution.

Here is the column:

Continue reading “Getting Played: The Demolition of Cohen on Cross Examination Reveals “The Grift” to a New York Jury” →

Below is my column in USA Today on the effort to impeach President Joe Biden over his freezing of arms shipments to Israel. While one can strongly disagree with the policy or the motivation behind the action, it is not a high crime and misdemeanor in my view.

Here is the column: Continue reading “No, President Biden Did Not Commit an Impeachable Offense in Freezing the Arms Shipment to Israel” →

Below is a slightly expanded version of my column in the New York Post on the first day of cross examination for Michael Cohen. He still has one day of cross examination ahead of him on Thursday. With the government resting after Cohen’s cross examination, I believe that an honest judge would have no alternative but to grant a motion for a directed verdict and end the case before it goes to the jury. Judge Juan Merchan will now have to give the full measure of his commitment to the rule of law. Given the failure to support the elements of any crime or even to establish the falsity of recording payments as legal expenses, this trial seemed to stumble through the motions of a trial. Michael Cohen was only the final proof of a raw political exercise. For critics, some of Cohen’s answers appear clearly false or misleading. Like their star witness, the prosecutors have shown that they simply do not take the law very seriously when there is an advantage to be taken. Cohen has truly found a home with the office of Manhattan District Attorney Alvin Bragg.

Here is the column:

Continue reading “Did Michael Cohen Commit Perjury in the Trump Trial?” →

Below is my column in the New York Post on the first day of the examination of Michael Cohen. He is expected to start his cross examination today. How bad will it be? After lying to Congress, courts, banks, and most everyone else, it will be bad. Years ago, Cohen threatened a journalist and told him “what I’m going to do to you is going to be f—ing disgusting.” Well, that bad. On cross examination, Cohen faces a reckoning of biblical proportions.

Continue reading “Unfixable: Michael Cohen Faces a Reckoning of Biblical Proportions on Cross Examination” →

Below is an expanded version of my New York Post column on the appearance of Michael Cohen Monday in the Manhattan prosecution of former President Donald Trump. His testimony will not be for the intestinally weak or ethically strong viewers. It has all the draw of a Nascar race on a rainy day.

Here is the column: Continue reading “The Appearance of Michael Cohen: A Wreck in Search of a Race” →

Below is my column on the completion of the testimony of Stormy Daniels and the start of the testimony of Michael Cohen. With a dubious legal theory, the testimony has only magnified the criticism of the prosecution as parading sensational rather than material evidence before the jury and the public. Manhattan District Attorney Alvin Bragg is losing even CNN hosts and legal analysts. Fareed Zakaria noted “I doubt the New York indictment would have been brought against a defendant whose name was not Donald Trump” Elie Honig has observed that, if brought in a less Democratic district, “I would say there’s no chance of a conviction.” The Bragg case was never “normal” but last week it seemed to go paranormal.

Here is the column: Continue reading ““I See Dead People”: Bragg’s Case Against Trump Goes Paranormal” →