Latest in Criminal Justice & Rule of Law
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Congress Must Define ‘Unlawful Order’ Under Military Law
Without clear definitions, commanders risk issuing unlawful orders, and troops risk obeying them. -
Inside the Legal Battles Ahead for Nicolás Maduro
From extraterritorial arrest to head-of-state immunity, his case will test long-standing doctrines. -
Justice Department Unseals Superseding Indictment in Maduro Case
The four-count indictment includes charges of cocaine trafficking and illegal weapons possession. -
The Law of Deposing Nicolás Maduro
Recent U.S. actions in Venezuela underscore the president’s broad authority to use military force. But threats of a “second wave” may still run up against its limits. -
Lawfare Daily: The Trials of the Trump Administration, Jan. 5
Listen to the Jan. 5 livestream as a podcast. -
The Situation: One Judicial Opinion That Sums Up Everything
Judge Paula Xinis’s opinion last month in the Abrego Garcia case is worth a deeper read. -
‘Me Considero Prisionero de Guerra’: Maduro Arraigned in Federal Court
A dispatch from the Jan. 5 hearing in the Southern District of New York. -
The Sde Teiman Crisis and the Assault on Israel’s Rule of Law
The court’s ruling about who can oversee an obstruction of justice investigation into military officials has broad rule-of-law implications. -
House Judiciary Committee Releases Jack Smith Deposition Transcript
Former Special Counsel Jack Smith defended his two criminal cases against Trump in 2022. -
The Situation: What Were House Republicans Thinking?
Jim Jordan v. Jack Smith -
Germany’s Far-Right on Trial
A review of Jacob Kushner, “Look Away: A True Story of Murders, Bombings, and a Far-Right Campaign to Rid Germany of Immigrants,” (Hachette, 2024). -
When Is a Drug a Weapon? The Legal Puzzles of Designating Fentanyl a ‘Weapon of Mass Destruction’
President Trump’s WMD designation could have major implications for civil-military relations and asset forfeiture, if courts agree.


