David Rivkin

What Jack Smith Gets Wrong About Immunity

The special prosecutor focuses on then-President Trump’s motives—a critical legal error.

(Wall St Journal op-ed w/ Elizabeth Price Foley)

What Jack Smith Gets Wrong About Immunity | David Rivkin, Constitutional Attorney and Media Commentator David Rivkin is a Constitutional Law Attorney who speaks on behalf of conservative matters.

Why Trump’s Conviction Can’t Stand:

It rests on an intent to violate a state law that is pre-empted by the Federal Election Campaign Act.

(op-ed in the Wall Street Journal, w/ Elizabeth Price Foley)

Why Trump’s Conviction Can’t Stand | David Rivkin, Constitutional Attorney and Media Commentator David Rivkin is a Constitutional Law Attorney who speaks on behalf of conservative matters.

Harris and Schumer Target the Supreme Court

Democrats make clear that if they win, they’ll push measures to destroy the judiciary’s independence.

(op-ed in the Wall Street Journal w/ )

Harris and Schumer Target the Supreme Court | David Rivkin, Constitutional Attorney and Media Commentator David Rivkin is a Constitutional Law Attorney who speaks on behalf of conservative matters.

Presidential immunity does not mean presidents are "above the law". There are other ways of holding the president to account -- ways that don't impede their ability to carry out the role.

(op-ed in the Wall Street Journal)

What’s at Stake in the Trump Immunity Case | David Rivkin, Constitutional Attorney and Media Commentator David Rivkin is a Constitutional Law Attorney who speaks on behalf of conservative matters.

The D.C. Circuit’s ruling was so sweeping that it posed a danger to our constitutional democracy. The Supreme Court is right to intervene.

(Op-ed in the Wall Street Journal, w/ Elizabeth Price Foley)

https://davidbrivkin.com/why-the-supreme-court-had-to-hear-trumps-case/

Section 3 of the 14th Amendment doesn't apply to the presidency. The Supreme Court can't disqualify President Trump.

Applying the Insurrection Clause to the presidency would have given rogue states too much power.

(op-ed in the Wall Street Journal)

Colorado Can’t Disqualify Trump | David Rivkin, Constitutional Attorney and Media Commentator David Rivkin is a Constitutional Law Attorney who speaks on behalf of conservative matters.

The Primitive Pacifism of Pope Francis’ Lecture to Israel:

The Catholic Church developed just-war theory, but the pontiff doesn’t seem to understand it.

(op-ed in the Wall Street Journal, w/ Peter Berkowitz)

The Primitive Pacifism of Pope Francis’ Lecture to Israel | David Rivkin, Constitutional Attorney and Media Commentator David Rivkin is a Constitutional Law Attorney who speaks on behalf of conservative matters.

The "public nuisance" menace: Trial lawyers exact billions from companies that sell and distribute perfectly lawful products. (op-ed with O.H. Skinner in the Wall Street Journal)

The ‘Public Nuisance’ Menace | David Rivkin, Constitutional Attorney and Media Commentator David Rivkin is a Constitutional Law Attorney who speaks on behalf of conservative matters.

This Trump Indictment Imperils the Presidency (w/ Lee Casey in the Wall Street Jnl)

The Supreme Court will likely have to consider whether Pres. Trump's post-election actions were related to his official responsibilities. If so, he has absolute immunity.

This Trump Indictment Imperils the Presidency | David Rivkin, Constitutional Attorney and Media Commentator David Rivkin is a Constitutional Law Attorney who speaks on behalf of conservative matters.

http://davidbrivkin.com/samuel-alito-the-supreme-courts-plain-spoken-defender/

(from the Wall Street Journal)

Samuel Alito, the Supreme Court’s Plain-Spoken Defender | David Rivkin, Constitutional Attorney and Media Commentator David Rivkin is a Constitutional Law Attorney who speaks on behalf of conservative matters.

Political attacks on the Supreme Court are creating big security risks for the justices and distorting the work of the court -- interview with Justice Samuel Alito.

(In the Wall Street Journal, with James Taranto)

http://davidbrivkin.com/justice-samuel-alito-this-made-us-targets-of-assassination/

Pres. Trump should consider invoking a statute that would remove the NY/Bragg prosecution to federal court, so that the federal-officer immunity principle can be tested.

Democrats have reason to hope that that principle is widely accepted. Otherwise Biden and other Democrats could find themselves being persecuted in the way NY is persecuting Trump.

(Wall Street Journal op-ed w/ Kristin Shapiro)

Is Alvin Bragg’s Case Against Trump Constitutional? | David Rivkin, Constitutional Attorney and Media Commentator David Rivkin is a Constitutional Law Attorney who speaks on behalf of conservative matters.