Latest in Courts & Litigation
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A Useful Argument at the Intersection of Two Military Commissions Cases
One of the defendants in the military commissions could benefit from illuminating a statutory change in a key evidentiary dispute. -
Congress’s Power to Investigate Crime Is More Important Than Ever
A new historical study finds that Congress’s authority to investigate crime is “indispensable” to the system of checks and balances. -
The Abu Ghraib Plaintiffs’ Meandering Path to Court
The plaintiffs have a second chance next week to prove the liability of military contractors. -
Where the Fake Electors Cases Stand in State Court
An in-depth, in-the-weeds status update of the Georgia, Michigan, and Nevada cases, as well as the new indictments in Arizona and Wisconsin. -
In Routh Case, Government Backs Cannon—But Barely
Its six-sentence filing will likely have little impact on the prospects for reassigning Judge Cannon from Trump’s classified documents case. -
Lawfare Live: Trump's Trials and Tribulations, Oct. 24
Join the Lawfare team for a discussion of the trials of Donald Trump. -
Jan. 6 Trespasser’s Appeal Rejected by U.S. Court of Appeals for D.C. Circuit
The court ruled that, for misdemeanor federal trespass, the government need only prove that a defendant knew he was in a restricted zone. -
We Still Need Presidential Conflict-of-Interest Reform
Even though these issues have lost much of their political salience, codifying norms such as tax return disclosure is as important as ever. -
What Does the 60-Day Rule Require?
It’s past time for the Justice Department to respond to the inspector general’s 2018 request to clarify the meaning of the 60-day rule on electoral interference. -
Lawfare Live: Trump's Trials and Tribulations, Oct. 10
Join the Lawfare team tomorrow for a discussion of the trials of Donald Trump. -
Why Is Ukraine Ratifying the Rome Statute With an Article 124 Caveat?
Ukraine seeks a balance between bolstering its justice efforts and managing risk perception by its military and security officials. -
Israel Responds to the ICC Prosecutor's Request for Arrest Warrants
Israel requested an order requiring notice concerning investigations into Israel’s conduct related to the war in Gaza, and challenged the ICC’s jurisdiction over pending arrest warrants.


