Latest in Criminal Justice & Rule of Law
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The D.C. Circuit Holds the Power to Upend Hundreds of Prosecutions of Jan. 6 Rioters
After a U.S. district court judge dismissed the most important felony charge against Jan. 6 Capitol insurrectionists, the D.C. Circuit hears oral arguments. A dispatch from the D.C. Circuit. -
Unpacking The 2020 Portland Chaos
Reactions to the unredacted version of the Department of Homeland Security’s 2021 Report on the 2020 Portland riots, released in October 2022. -
The Lawfare Podcast: 'Corrupt Obstruction' Before the D.C. Circuit
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A Foiled Coup Attempt in Germany and the Danger of Conspiracy Theories
The alleged Reichsbürger coup uncovered on Dec. 7 is a symptom of a larger problem in German society, as years of agitation by conspiratorial and far-right actors have frayed parts of German society and ... -
The Lawfare Podcast: Alan Rozenshtein Says the Slope Isn’t That Slippery
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Extreme Facts Make Easy Law: D.C. Circuit Appears Ready to Issue a Narrow Ruling Against Civil Immunity for Donald Trump
An interesting inversion of the traditional roles played by lawyers and judges happened at the D.C. Circuit on Wednesday in Blassingame v. Trump. -
Lawfare No Bull: D.C. Circuit Hears Arguments in Blassingame v. Trump
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A Crucial Appeal for Capitol Riot Prosecutions: D.C. Circuit to Hear Arguments Challenging the Felony Charge Used in 290 Cases
If an appellate panel affirms the dismissals of the charges in the trilogy of cases involving Jan. 6 rioters on Dec. 12, it would needlessly annihilate hundreds of Capitol siege charges aimed at exceedin... -
Content Moderation Sacrificed in Left-Right Deals on Tech Reform
Democrats are repeatedly turning to a strategy that enables them to secure Republican support for competition legislation, but with steep long-term costs for content moderation. -
Five Stray Thoughts on the Oath Keepers Verdict
A listicle of in-the-weeds takeaways from Lawfare’s Oath Keepers trial correspondent. -
Seditious Kvetching: The Surprisingly Non-Trivial Defense in the Oath Keepers Prosecution
Because there was no concrete plan to storm the Capitol, the defendants have been able to argue that their rhetoric was no more than that: rhetoric. -
We Live in an Age of Futile Impeachments
Partisan polarization has brought the Age of Futile Impeachments into full blossom. Perhaps there is a better way to condemn a president’s actions.
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