Latest in Criminal Justice & Rule of Law
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Go Ahead, Apply the Federal Rules of Evidence to the Senate Impeachment Trial
Congressional Republicans argue that the Federal Rules of Evidence should apply to the impeachment trial. But following these rules would guarantee that the Senate could hear from the witnesses that Mitc... -
Should the House Have Gone to the Courts on Obstruction Before Impeaching?
Legislators largely allowed the executive branch to take refuge in broad prophylactic doctrines that eliminated any need to consider Congress’s interests. -
Obstruction of Congress, Impeachment and Constitutional Conflict
Any discussion of the obstruction charge against President Trump should take into account the historical constitutional disputes between Congress and the executive branch. -
The House Should Subpoena Witnesses Before Transmitting Impeachment Articles
The House should subpoena those witnesses whose testimony would speak to the president’s personal culpability in the withholding of appropriated military assistance to Ukraine. -
The Second Circuit Rules in United States v. Hasbajrami
The U.S. Court of Appeals for the Second Circuit found that incidental collection of U.S. persons’ communications under Section 702 does not violate the Fourth Amendment, but raised constitutional questi... -
Oral Argument Audio: D.C. Circuit Arguments in McGahn and Grand Jury Material Cases
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Federal Judge Dismisses Kupperman Subpoena Suit
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Thoughts on the Horowitz Report, Part I: An Introduction
The Horowitz report poses a deep challenge to those of us who have broadly defended expansive surveillance authorities over the past several years. That challenge is not the one President Trump and his s... -
Transnational Organized Crime and National Security: Evil Corp, Hezbollah and Chinese Opioid Trafficking
American law enforcement efforts have become increasingly multifaceted as the government attempts to combat the continuing ingenuity and sophistication of transnational organized criminal groups. -
Is the FBI Punishing Employees for Their Political Views? Let’s Find Out
Our latest FOIA lawsuit. -
What’s in a Name? Quite a Bit, If You’re Talking About Section 230
As Congress decides whether to change the legal underpinnings of the internet, we need a better understanding of why it passed Section 230 of the Communications Decency Act in the first place. -
Livestream: House Vote on Articles of Impeachment
Today, Dec. 18, the House of Representatives will vote on the articles of impeachment against President Trump. Watch here.


