Courts & Litigation

Justice Dept. Alerts Judge of ‘Apparent Threats’ From Jan. 6 Defense Counsel

Jul 29, 2023

In its notice, the Justice Department attached exhibits of “threatening” tweets allegedly written and posted by Pierce in recent days.

Justice Dept. Files Renewed Motion for Protective Order in MAL Case

Katherine Pompilio

Jul 28, 2023

Trump has requested that he be permitted to discuss classified information with his counsel outside of authorized locations.

Judge Vacates Biden Border Rule as Conflicting with Asylum Law

Peter Margulies

Jul 28, 2023

A serious approach to a vexing problem, Biden's border rule nonetheless failed to pass muster in the courts.

Not Quite the Indictment We Were Expecting Today

Scott R. Anderson Anna Bower Saraphin Dhanani , +2

Jul 27, 2023

The new indictment does not shake the heavens but it does name a new defendant, describe a new fact pattern, and add some significant new charges.

Third Co-Defendant, Additional Charges in Mar-a-Lago Classified Documents Case

Hyemin Han Tyler McBrien

Jul 27, 2023

The superseding indictment named Carlos De Oliveira, property manager at Mar-a-Lago, and brought additional charges against Donald Trump and his co-defendant Waltine Nauta.

Rational Security: The “Norpett Returns” Edition

Scott R. Anderson Quinta Jurecic Alan Z. Rozenshtein , +2

Jul 27, 2023

This week, Alan, Quinta, and Scott were joined by the long absent Lawfare Executive Editor Natalie Orpett to talk through the week’s big national security news stories.

How the Eleventh Circuit Might Weigh a CIPA Appeal in United States v. Trump

John Sullivan Baker Derek Webber

Jul 27, 2023

The statute could play a prominent role in the prosecution of the former president.

Justice Department Sues Texas Over Installation of Anti-Migrant Barriers in the Rio Grande

Anna Hickey

Jul 26, 2023

The Department of Justice filed a civil suit over Gov. Abbott’s refusal to remove floating buoys in the Eagle Pass region of the Rio Grande.

Federal Judge Blocks Biden Administration Asylum Policy

Anna Hickey Gia Kokotakis

Jul 25, 2023

A federal judge blocked a Biden administration policy making it harder for migrants to seek asylum at the southern border.

The Lawfare Podcast: Can Trump Be Tried in Four Places at Once?

Natalie K. Orpett Brandon D. Fox Jen Patja

Jul 25, 2023

Former President Trump is facing criminal charges in Florida and New York, and indictments are reportedly likely in Fulton County, Georgia, and Washington, D.C.