Civil Litigation
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Jeffrey Clark, Donald Trump, and Control of the Department of Justice
There’s a dissonance between Jeffrey Clark’s bar proceedings and the Supreme Court’s immunity decision. -
Lawfare Daily: Mary McCord on the Effort to Hold Fake Electors Accountable
How have those involved in the fake electors scheme been held criminally or civilly accountable? -
The Lawfare Podcast: Two Courts Rule on Presidential Immunity
What are the implications of the two decisions on presidential immunity? -
Two Court Rulings on Presidential Immunity Move the Trump Cases Forward
Rulings by federal district and appeals courts in Washington, D.C. will make it a lot harder for Trump to delay his trial in the Jan. 6 case. -
In Fulton County, Fear Not Removal
The issue is complicated, but removal of the Fulton County case to federal court would not be a disaster—and is probably the right answer. -
The Aftermath, Season 1: Binge the Whole Thing
Season 1 is now complete. -
Trump Loses Big on Executive Privilege
The former president is in a dramatically weaker position than he was before the latest D.C. Circuit opinion. -
After Oral Argument, the Future of Thompson v. Trump Remains Unclear
Despite hours of oral argument, the district court did not signal whether attempts to hold former President Trump and others civilly liable for encouraging the Jan. 6 attack on the Capitol will succeed. -
The Lawfare Podcast: Benjamin Wittes and Alan Rozenshtein on Thompson v. Trump, Presidential Immunity and the First Amendment
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An Update on the Prospects for a Contempt Prosecution of Steve Bannon
After my post went live on Oct. 18, two significant developments occurred in the prospects of a contempt prosecution of Steve Bannon. -
The Jan. 6 Investigation Is Ramping Up. Will It Matter?
The House select committee on the Jan. 6 attack has set out to uncover an enormous amount of information with significant obstacles to overcome in the process. With so much to cover in such little time, ... -
Why Trump Cannot Hide Behind Presidential Immunity for Inciting an Insurrection
Supreme Court precedent compels the conclusion that Trump cannot escape liability for his actions, including encouraging, for his personal gain, the violent disruption of a constitutionally mandated sess...