Our legal system has two different sets of rules to do the same thing, deter people from injuring others by making it costly to do so. O. J. Simpson was first acquitted of the crime of killing his wife and then convicted of the tort of killing his wife. The essential difference between tort and crime is that a tort is treated as an offense against the victim, a crime as an offense against the state. The victim of a tort prosecutes or settles the case, agents of the state prosecute or settle a crime. Legally speaking, I can never be the victim of a crime; if I am robbed, assaulted or murdered the victim is not me but the state of California. If my attacker is Mr. Smith the case will be not 'Friedman vs Smith' but 'People of the state of California vs Smith.' That difference is accompanied by several others. Conviction of a crime is supposed to require proof beyond a reasonable doubt, of a tort by a preponderance of the evidence. The punishment for a tort is a damage payment to the victim sufficient to compensate him for damage done.1 Punishment for a crime may be much greater than the damage done and, if a fine, goes the state. Conviction of a crime requires intent,2 conviction of a tort does not....

The Justice Department announced its second federal indictment of former president Donald J. Trump on Aug. 1, 2023. The charges are groundbreaking and not just because a former president is facing multiple criminal charges. It's because these are the first federal charges alleging a former president effectively attempted a particular kind of coup, called an auto-coup, in which he attempted to keep himself in power by illegal means. All of the charges rest on the claim that Trump and his co-conspirators knew the former president lost the 2020 election, and that his claims of fraud and voting irregularity made before and on Jan. 6, 2021 were unfounded. Three counts in this new indictment allege conspiracies: There is conspiracy to defraud the government; to obstruct an official proceeding ' in this case, counting the electoral votes on Jan. 6, 2021; and against the rights of the voters to cast ballots and have them fairly and honestly counted. The remaining count alleges obstruction of an official proceeding ' namely, tallying the electoral vote. The document states that Trump allegedly had the help of six co-conspirators, including four lawyers, a Justice Department official and a political consultant....

On one hand, the U.S. judiciary system is based on a basic principle of English law that dates back to the early 1200s, that no one is above the law. As medieval jurist Henry de Bracton explained in 'On the Laws and Customs of England,' the law makes the king, and thus, the king must be subject to the law. In his brief public statement, Special Counsel Jack Smith paraphrased that concept in announcing his decision to indict Trump on charges of violating national security laws as well as participating in a conspiracy to obstruct justice. 'We have one set of laws in this country, and they apply to everyone,' Smith said. 'Adherence to the rule of law is a bedrock principle. ' And our nation's commitment to the rule of law sets an example for the world.' In fact, Trump, as well as some of his supporters, has used that perception in an attempt to convince his political base that both indictments are politically motivated. One of Trump's congressional supporters, Jim Jordan, a Republican from Ohio, has even convened hearings on the weaponization of the FBI, among other federal agencies....

Federal prosecutors on June 9, 2023, unsealed the indictment that spells out the government's case against former President Donald J. Trump, who is accused of violating national security laws and obstructing justice. The 49-page document details how Trump kept classified government documents ' including papers concerning U.S. nuclear capabilities ' scattered in boxes across his home at his Mar-a-Lago resort in Florida, long after his presidency ended in 2021 and the government tried to reclaim them. There are 38 felony charges against Trump ' 31 of these counts relate to withholding national defense information. Five counts relate to concealing possession of classified documents, and two relate to giving false statements. 'My office will seek a speedy trial in this matter, consistent with the public interest and the rights of the accused,' said U.S. special prosecutor Jack Smith, who was appointed to oversee the investigation into Trump's holding of the documents. The Conversation spoke to criminal law scholar Gabriel J. Chin at the University of California, Davis School of Law about the most important takeaways from the unsealed indictment ' and the new, open questions it presents about Trump's alleged criminal activity....