Randall Eliason
@rdeliason.bsky.social
White collar crime prof, former federal prosecutor, columnist and blogger, a cappella singer, husband, dad and grandpa.
Pinned
Randall Eliason
@rdeliason.bsky.social
· Feb 16
The Great Courses
www.thegreatcourses.com
There's never been a better time to become better informed about white collar crime topics such as fraud, public corruption, and obstruction of justice.
You can purchase my course, "White Collar Criminal Law Explained," at the Great Courses website.
www.thegreatcourses.com/courses/whit...
You can purchase my course, "White Collar Criminal Law Explained," at the Great Courses website.
www.thegreatcourses.com/courses/whit...
From the archive.
Putting aside the conflict of interest, the Georgia case was probably doomed from the time Willis chose to charge a massive, sprawling RICO case. A smaller, targeted conspiracy might have had a chance to get to trial before the election.
www.sidebarsblog.com/p/the-proble...
Putting aside the conflict of interest, the Georgia case was probably doomed from the time Willis chose to charge a massive, sprawling RICO case. A smaller, targeted conspiracy might have had a chance to get to trial before the election.
www.sidebarsblog.com/p/the-proble...
Problems with the Georgia RICO Charge
Flashy, but probably not a good choice
www.sidebarsblog.com
November 27, 2025 at 6:03 PM
From the archive.
Putting aside the conflict of interest, the Georgia case was probably doomed from the time Willis chose to charge a massive, sprawling RICO case. A smaller, targeted conspiracy might have had a chance to get to trial before the election.
www.sidebarsblog.com/p/the-proble...
Putting aside the conflict of interest, the Georgia case was probably doomed from the time Willis chose to charge a massive, sprawling RICO case. A smaller, targeted conspiracy might have had a chance to get to trial before the election.
www.sidebarsblog.com/p/the-proble...
Reposted by Randall Eliason
Charges against James Comey and Letitia James were thrown out by a federal judge today. “The basic safeguards of the criminal-justice system are proving to be some of the most effective checks on Trump’s power,” Randall D. Eliason argues:
Why the Comey Prosecution Is Falling Apart
In the criminal-justice system, when the president’s bluster collides with facts and evidence, he keeps losing.
bit.ly
November 25, 2025 at 12:36 AM
Charges against James Comey and Letitia James were thrown out by a federal judge today. “The basic safeguards of the criminal-justice system are proving to be some of the most effective checks on Trump’s power,” Randall D. Eliason argues:
New from me in @theatlantic.com : Trump is learning that although it's easy to convict someone in a social media rant, when you get into the courtroom things are a bit more complicated.
The criminal justice system is standing up to Trump.
www.theatlantic.com/ideas/2025/1...
The criminal justice system is standing up to Trump.
www.theatlantic.com/ideas/2025/1...
The One Place Trump’s Power Remains Constrained
In the criminal-justice system, when the president’s bluster collides with facts and evidence, he keeps losing.
www.theatlantic.com
November 25, 2025 at 1:57 AM
New from me in @theatlantic.com : Trump is learning that although it's easy to convict someone in a social media rant, when you get into the courtroom things are a bit more complicated.
The criminal justice system is standing up to Trump.
www.theatlantic.com/ideas/2025/1...
The criminal justice system is standing up to Trump.
www.theatlantic.com/ideas/2025/1...
New from me in @theatlantic.com : Trump is learning that although it's easy to convict people in a social media rant, in the courtroom things are a bit more complicated.
www.theatlantic.com/ideas/2025/1...
www.theatlantic.com/ideas/2025/1...
Why the Comey Prosecution Is Falling Apart
In the criminal-justice system, when the president’s bluster collides with facts and evidence, he keeps losing.
www.theatlantic.com
November 24, 2025 at 11:52 PM
New from me in @theatlantic.com : Trump is learning that although it's easy to convict people in a social media rant, in the courtroom things are a bit more complicated.
www.theatlantic.com/ideas/2025/1...
www.theatlantic.com/ideas/2025/1...
IF this DOJ were smart, they'd let the Comey case go. It's a dog case anyway, and then the judge won't have to issue another opinion w/ findings about all the misconduct in the grand jury investigation.
That's if they were smart. So of course they will do the opposite - appeal and attack the judge.
That's if they were smart. So of course they will do the opposite - appeal and attack the judge.
November 24, 2025 at 6:50 PM
IF this DOJ were smart, they'd let the Comey case go. It's a dog case anyway, and then the judge won't have to issue another opinion w/ findings about all the misconduct in the grand jury investigation.
That's if they were smart. So of course they will do the opposite - appeal and attack the judge.
That's if they were smart. So of course they will do the opposite - appeal and attack the judge.
Although this judge doesn't rule on it (it's not properly before her), this opinion effectively finds that re-indicting Comey will be barred by the statute of limitations. (See footnote 21).
BREAKING: Judge rules Lindsey Halligan's appointment was not valid, thus, she had no authority to present the James Comey or Letitia James indictments and the indictments are dismissed without prejudice.
November 24, 2025 at 6:16 PM
Although this judge doesn't rule on it (it's not properly before her), this opinion effectively finds that re-indicting Comey will be barred by the statute of limitations. (See footnote 21).
Happy Thanksgiving to James Comey and Letitia James.
BREAKING: Judge rules Lindsey Halligan's appointment was not valid, thus, she had no authority to present the James Comey or Letitia James indictments and the indictments are dismissed without prejudice.
November 24, 2025 at 6:01 PM
Happy Thanksgiving to James Comey and Letitia James.
I remember studying this case on the first day of my first-year criminal law class. And my professor's name was Richard Parker - the same name as the cabin boy who ended up as the main course on the lifeboat.
wapo.st/3X9D6cF
wapo.st/3X9D6cF
Opinion | A Victorian-era cannibalism case poses a simple but profound question
“The custom of the sea” ended with a landmark conviction in Britain after a shipwreck.
wapo.st
November 23, 2025 at 8:38 PM
I remember studying this case on the first day of my first-year criminal law class. And my professor's name was Richard Parker - the same name as the cabin boy who ended up as the main course on the lifeboat.
wapo.st/3X9D6cF
wapo.st/3X9D6cF
Some potential witnesses, such as the government attorneys who were appearing before Boasberg, may need to take the 5th.
BREAKING: Judge Boasberg says "justice requires" him to continue contempt inquiry into Trump admin.
“I certainly intend to find out what happened on that day,” Boasberg said of the March 15 Alien Enemies Act flights. He plans to begin hearings on Dec. 1.
New, at Law Dork:
“I certainly intend to find out what happened on that day,” Boasberg said of the March 15 Alien Enemies Act flights. He plans to begin hearings on Dec. 1.
New, at Law Dork:
Breaking: Judge Boasberg says "justice requires" him to continue contempt inquiry into Trump admin
“I certainly intend to find out what happened on that day,” Boasberg said of the March 15 Alien Enemies Act flights. He plans to begin hearings on Dec. 1.
www.lawdork.com
November 19, 2025 at 8:56 PM
Some potential witnesses, such as the government attorneys who were appearing before Boasberg, may need to take the 5th.
Reposted by Randall Eliason
Judge Boasberg says he will proceed to fact-finding on whether to hold govt in contempt for sending people to El Salvador against his order on 3/15/25. Preliminarily wants to hear from whistleblower Erez Reuveni & DOJ's Drew Ensign. Will let parties advise how to proceed in writing by Monday.
November 19, 2025 at 7:15 PM
Judge Boasberg says he will proceed to fact-finding on whether to hold govt in contempt for sending people to El Salvador against his order on 3/15/25. Preliminarily wants to hear from whistleblower Erez Reuveni & DOJ's Drew Ensign. Will let parties advise how to proceed in writing by Monday.
"Grand jury practice is a specialized area . . . The idea that Halligan, with no relevant experience, could just jump in and indict a major criminal case on her own without screwing it up required an astonishing combination of arrogance and ignorance."
www.sidebarsblog.com/p/the-comey-...
www.sidebarsblog.com/p/the-comey-...
The Comey Prosecution is Imploding
Corruption meets incompetence at Pam Bondi's DOJ
www.sidebarsblog.com
November 19, 2025 at 7:28 PM
"Grand jury practice is a specialized area . . . The idea that Halligan, with no relevant experience, could just jump in and indict a major criminal case on her own without screwing it up required an astonishing combination of arrogance and ignorance."
www.sidebarsblog.com/p/the-comey-...
www.sidebarsblog.com/p/the-comey-...
That's game over. The Constitution requires every felony to be charged by vote of a grand jury.
And due the statute of limitations, the government should not be able to bring the case again.
And due the statute of limitations, the government should not be able to bring the case again.
BUT the original indictment w/ the pencilled-in amendment is not the operative charging document in the case.
The operative indictment is the second one, which the grand jury did not vote on.
What’s more, the amendment to the original indictment was not made in the presence of the grand jury.
The operative indictment is the second one, which the grand jury did not vote on.
What’s more, the amendment to the original indictment was not made in the presence of the grand jury.
November 19, 2025 at 7:26 PM
That's game over. The Constitution requires every felony to be charged by vote of a grand jury.
And due the statute of limitations, the government should not be able to bring the case again.
And due the statute of limitations, the government should not be able to bring the case again.
As the great @annabower.bsky.social is reporting today, the government has now admitted the current 2-count Comey indictment was never actually voted on by the grand jury - a possibility I discussed here.
This case is imploding even faster than I expected.
www.sidebarsblog.com/p/the-comey-...
This case is imploding even faster than I expected.
www.sidebarsblog.com/p/the-comey-...
The Comey Prosecution is Imploding
Corruption meets incompetence at Pam Bondi's DOJ
www.sidebarsblog.com
November 19, 2025 at 7:12 PM
As the great @annabower.bsky.social is reporting today, the government has now admitted the current 2-count Comey indictment was never actually voted on by the grand jury - a possibility I discussed here.
This case is imploding even faster than I expected.
www.sidebarsblog.com/p/the-comey-...
This case is imploding even faster than I expected.
www.sidebarsblog.com/p/the-comey-...
Wow.
Who could have predicted that if you put someone with zero experience in charge of the grand jury proceeding in a major case she might screw it up?
Who could have predicted that if you put someone with zero experience in charge of the grand jury proceeding in a major case she might screw it up?
The facts are complicated, but here’s a summary of what appears to have happened based on the filings and today’s hearing:
NEWS: During a hearing in federal court in VA, prosecutors confirmed that the operative indictment in the case against James Comey was never shown to or voted on by the entire grand jury before it was presented in open court.
Defense counsel argued that’s a complete bar to further prosecution
Defense counsel argued that’s a complete bar to further prosecution
November 19, 2025 at 7:08 PM
Wow.
Who could have predicted that if you put someone with zero experience in charge of the grand jury proceeding in a major case she might screw it up?
Who could have predicted that if you put someone with zero experience in charge of the grand jury proceeding in a major case she might screw it up?
My latest on Sidebars: the Comey prosecution is falling apart on several fronts. It's extremely unlikely the case ever makes it to trial.
Corruption meets incompetence at Pam Bondi's DOJ.
www.sidebarsblog.com/p/the-comey-...
Corruption meets incompetence at Pam Bondi's DOJ.
www.sidebarsblog.com/p/the-comey-...
The Comey Prosecution is Imploding
Corruption meets incompetence at Pam Bondi's DOJ
www.sidebarsblog.com
November 19, 2025 at 2:21 PM
My latest on Sidebars: the Comey prosecution is falling apart on several fronts. It's extremely unlikely the case ever makes it to trial.
Corruption meets incompetence at Pam Bondi's DOJ.
www.sidebarsblog.com/p/the-comey-...
Corruption meets incompetence at Pam Bondi's DOJ.
www.sidebarsblog.com/p/the-comey-...
Halligan suggested to the grand jury that Comey might have to testify to explain his innocence.
Unbelievable. Even a lawyer with zero prosecutorial experience like Halligan should know about little things like the 5th Amendment.
This case likely gets tossed out.
www.politico.com/news/2025/11...
Unbelievable. Even a lawyer with zero prosecutorial experience like Halligan should know about little things like the 5th Amendment.
This case likely gets tossed out.
www.politico.com/news/2025/11...
Judge says possible errors by Lindsey Halligan could imperil Comey case
In a rare move, the judge ordered prosecutors to hand over records of the grand jury proceeding to the former FBI director’s lawyers.
www.politico.com
November 17, 2025 at 6:57 PM
Halligan suggested to the grand jury that Comey might have to testify to explain his innocence.
Unbelievable. Even a lawyer with zero prosecutorial experience like Halligan should know about little things like the 5th Amendment.
This case likely gets tossed out.
www.politico.com/news/2025/11...
Unbelievable. Even a lawyer with zero prosecutorial experience like Halligan should know about little things like the 5th Amendment.
This case likely gets tossed out.
www.politico.com/news/2025/11...
Contempt proceedings potentially could include as a defendant the Third Circuit's newest judge, Emil Bove.
BREAKING: Moving quickly, Chief Judge Boasberg orders the Trump administration and challengers in the Alien Enemies Act case before him to be ready “to discuss next steps in this Court's contempt inquiry” in two days, at a hearing in the broader case already set for Wednesday.
November 17, 2025 at 3:29 PM
Contempt proceedings potentially could include as a defendant the Third Circuit's newest judge, Emil Bove.
They've already said that, actually.
Cue the Roberts Court saying that it’s not a bribe if Trump didn’t officially ask for a gold bar in return for dropping tariffs.
"It was tough to beat Apple, but the Swiss did it." said one administration official.
How the Swiss convinced Trump to drop tariffs with gifts of a Rolex desk clock and a 1 kg gold bar.
www.axios.com/2025/11/14/t...
How the Swiss convinced Trump to drop tariffs with gifts of a Rolex desk clock and a 1 kg gold bar.
www.axios.com/2025/11/14/t...
November 15, 2025 at 11:51 PM
They've already said that, actually.
Reposted by Randall Eliason
NEW: The Nevada Supreme Court has revived the criminal case against the Trump 2020 fake electors, ruling that AG Ford was correct to bring the case in Clark County. www.documentcloud.org/documents/26...
November 14, 2025 at 2:38 AM
NEW: The Nevada Supreme Court has revived the criminal case against the Trump 2020 fake electors, ruling that AG Ford was correct to bring the case in Clark County. www.documentcloud.org/documents/26...
I don't understand the claim the petition would be "dead on arrival" in the Senate even if it passes the House. Sounds like up to 100 House R's may support it. Are the Senate R's really going to be almost unanimous in blocking the release? Very dangerous for them.
www.nytimes.com/2025/11/12/u...
www.nytimes.com/2025/11/12/u...
Trump Ramps Up Pressure on G.O.P. to Thwart Epstein Vote
www.nytimes.com
November 13, 2025 at 1:32 PM
I don't understand the claim the petition would be "dead on arrival" in the Senate even if it passes the House. Sounds like up to 100 House R's may support it. Are the Senate R's really going to be almost unanimous in blocking the release? Very dangerous for them.
www.nytimes.com/2025/11/12/u...
www.nytimes.com/2025/11/12/u...
Legislative experts, serious question: this assumes Johnson will abide by the House rules. What if he just refuses to bring it up? What would be the mechanism to enforce it?
BREAKING: Rep. Adelita Grijalva signs the Epstein discharge petition, serving as the 218th vote to force the bill to the floor for a full vote of the House.
November 12, 2025 at 9:39 PM
Legislative experts, serious question: this assumes Johnson will abide by the House rules. What if he just refuses to bring it up? What would be the mechanism to enforce it?
Good for the jury - it's gratifying that this case has mustard so much public support.
November 6, 2025 at 8:55 PM
Good for the jury - it's gratifying that this case has mustard so much public support.
Reposted by Randall Eliason
The arc of history is a foot-long, but it bends towards justice.
🚨🚨🚨 The jury has reached a verdict. Sean Dunn, aka the DC Sandwich Guy, has been found NOT GUILTY of assault.
November 6, 2025 at 8:25 PM
The arc of history is a foot-long, but it bends towards justice.
My latest on Sidebars: Trump continues to undermine the rule of law by prosecuting his enemies and rewarding his friends. But some guardrails and reasons for hope still remain.
www.sidebarsblog.com/p/trumps-ass...
www.sidebarsblog.com/p/trumps-ass...
Trump's Assault on the Justice System Continues
Punish your enemies, protect your friends - Part II
www.sidebarsblog.com
October 20, 2025 at 1:29 PM
My latest on Sidebars: Trump continues to undermine the rule of law by prosecuting his enemies and rewarding his friends. But some guardrails and reasons for hope still remain.
www.sidebarsblog.com/p/trumps-ass...
www.sidebarsblog.com/p/trumps-ass...
Called it, unfortunately - although he received "only" a commutation, not a pardon (yet).
My latest on Sidebars: a review of the George Santos case - the lies, criminal charges, guilty plea and sentencing.
Is the former Republican Congressman next in line for a Trump pardon?
www.sidebarsblog.com/p/george-san...
Is the former Republican Congressman next in line for a Trump pardon?
www.sidebarsblog.com/p/george-san...
George Santos Sentenced to 87 Months
Sharing some posts from the archives
www.sidebarsblog.com
October 18, 2025 at 2:14 PM
Called it, unfortunately - although he received "only" a commutation, not a pardon (yet).