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Can We Count on the Court If Democracy Is at Stake?
No, the Court has proved over the years—and especially over the past year—that we can’t. -
Special Counsel Jack Smith Issues Superseding Indictment in Jan. 6 Case
The indictment follows the Supreme Court’s July decision on presidential immunity. -
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. -
Oversight Committee Recommends Suspension of Jeffrey Clark’s D.C. Bar License
The committee says Clark should lose his license to practice law in D.C. for two years. -
Privacy Protections of the Stored Communications Act Gutted by California Court
A California court of appeal has eviscerated statutory privacy protections that prevent providers from disclosing the content of user communications. -
Lawfare Daily: Shoba Pillay and Jennifer Lee on the Dismissal of Charges Against the SolarWinds Corporation and Timothy Brown
Why did a district court judge dismiss some of the SEC's charges against SolarWinds? -
Secretary Austin's Fateful GTMO Plea Deals Decision
The history of torture-tainted cases in the military commissions demonstrates the near impossibility of obtaining death penalty judgments. -
The Limits of the ICJ Advisory Opinion on Israel’s Occupation and the West Bank
By not fully engaging with history, geopolitics, and the charge of apartheid, the court failed to fully engage with the complexity of the situation. -
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (August 15, 2024)
Listen to this week's "Trump's Trials and Tribulations." -
Lawfare Live: Trump's Trials and Tribulations, Aug. 15
Join the Lawfare team tomorrow for a discussion of the trials of Donald Trump. -
The Fifth Circuit Shuts Down Geofence Warrants—and Maybe a Lot More
An astonishing ruling, and one that creates splits on two different issues. -
The TikTok Case Will Be Determined by What’s Behind the Government’s Black Lines
In the high-stakes legal battle over TikTok’s fate in America, the government just played its hand. And it’s largely hidden from view.