The 11th Circuit Court of Appeals took a sledgehammer to the Trump-appointed judge’s misreading of the law.
Mitchell Epner is a former federal prosecutor who now practices at the NYC firm Rottenberg Lipman Rich P.C. He specializes in white-collar criminal, complex civil, and employment litigation. He has frequently consulted with leading media companies on First Amendment, defamation, and copyright issues. He can be read at Mitchell Epner On Law (MitchellEpner@substack.com).
The ex-president’s demand for the immediate return of documents seized from Mar-a-Lago shows he doesn’t understand how any of this works.
The warrant that allowed the FBI to search the former president’s Mar-a-Lago home reveals an unprecedented prosecution under the Espionage Act might lie ahead.
The DOJ indicted five members of the far-right group—including former leader Enrique Tarrio—for seditious conspiracy over their involvement in the Jan. 6 attack on the Capitol.
A jury snafu could increase the likelihood that a decades-old protection on press freedom is overturned.
Even if Palin loses this case, it might lead to the rewriting of First Amendment protections for journalists and news organizations.