Latest in Criminal Justice & Rule of Law
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The 'Shadow Report' on Commanders’ Prosecutorial Powers Raises More Questions Than Answers
There’s a new expert report out on potential reforms to the military justice system. The report raises some good ideas but has its flaws. -
The Justice Department’s Faulty Arguments in the Flynn Case
Under the logic of the government’s motion to dismiss the charges against Michael Flynn, the FBI can’t investigate whether someone is a Russian agent unless it already has evidence that the person is a R... -
The Justice Department Wants to Drop Flynn’s Case. Can the Judge Say No?
Precedent seems to require the dismissal of the Michael Flynn case, but Judge Emmet Sullivan can ask questions first. -
An Ugly Day for the Justice Department
The Justice Department makes an unfathomably bad argument in dismissing the case against former national security adviser Michael Flynn. -
Immigration Update: Ninth Circuit Rules Against Trump Ban on Uninsured
In a ruling on May 4, the Ninth Circuit denied the government's request for a stay of a nationwide preliminary injunction against a presidential proclamation barring admission of immigrants without "appr... -
The Dormant Commerce Clause Can’t Override State and Local Lockdowns
Attorney General William Barr’s suggestion that state and local pandemic policies violate the dormant Commerce Clause rings hollow. -
Is a Major Change to Military Justice in the Works?
A new expert report recommends that the military justice system change who decides whether a particular service-member should be court-martialed. That would be a major shift. -
Flynn Redux: What Those FBI Documents Really Show
A lot of people seem to be expecting Michael Flynn's sudden vindication. They should take a deep breath. -
Why the Postal Service Is Critical to National Security
A lack of USPS funding could affect not only mail delivery but also a number of other Postal Service functions as well—including law enforcement and disaster response. -
Challenges to U.S. Sanctions Against Iran During the Coronavirus Pandemic
The international community’s will to deliver medical supplies to Iran despite potential penalties from the U.S. government demonstrates a challenge to the U.S. “maximum pressure” campaign. -
Trump’s Coronavirus Immigration Order Is a Restriction in Search of a Rationale
While the proclamation cites the impact of the novel coronavirus on U.S. jobs, the visa categories affected by the suspension have only a minimal effect on employment of citizens or lawful permanent resi... -
Public Health in the Balance: Judicial Review of Pandemic-Related Government Restrictions
What should courts do when people challenge pandemic containment measures imposed by state governments and the federal government?


