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Don’t Overread the Court’s Immunity Opinion
Chief Justice Roberts gives neither Trump nor any future president a green light to tyranny, as some initial reactions to his opinion fear. -
Facts Matter: A Critical Analysis of the ICJ’s Fact-Finding Approach
The upcoming release of the Palestine Advisory Opinion may raise significant questions about how the International Court of Justice establishes the facts on which an alleged breach of the law is made. -
Judge Cannon Dismisses Trump Classified Documents Case
Cannon reasoned that the appointment and funding of Special Counsel Jack Smith was in violation of the Appointments Clause. -
A Rule for the Ages, or a Rule for Trump?
The majority opinion in Trump v. United States badly misstates principles of separation of powers to immunize hypothetical future presidents—in service of immunity for Trump himself. -
Goodbye to Special Counsel Investigations of Incumbent Presidents
Missing in much commentary about Trump v. United States is what it means for the expansion of immunities for presidents while in office. -
ICC Prosecutor Tapped External Panel to Review Evidence: Is That Even Allowed?
Neither the Rome Statute nor fundamental fairness evidently permitted the ICC prosecutor to instruct an external panel of legal experts he assembled to review evidence he used to support his applications... -
Can the Military Disobey Orders in the SEAL Team 6 Hypothetical?
Two reasons for cautious optimism—or at least cautious suspension of outright horror -
In Search of Complementarity: Israel’s Possible Responses to ICC Arrest Warrants
If properly structured, both a commission of inquiry and a preliminary examination by the Israeli police could arguably meet existing complementarity standards. -
Broad Reflections on Trump v. United States
The wisdom of the decision depends on unknowable future events. -
A Decision of Surpassing Recklessness in Dangerous Times
The Supreme Court’s decision in Trump v. United States would have been wrong and dangerous at any time. It’s uncommonly so with Trump poised to retake power. -
The Supreme Court’s Presidential Immunity Decision
A summary of the Supreme Court opinions in Trump v. United States -
Lawfare Daily: Are Former Presidents Immune From Criminal Prosecution? We’re Still Not Sure
The Supreme Court handed down its ruling in Trump v. United States, concerning the former president’s potential immunity from prosecution over his efforts to overturn the 2020 election.