Latest in Criminal Justice & Rule of Law
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How to Evaluate Progress in the Justice Department's Jan. 6 Investigation
We have taken different views of the Justice Department’s Jan. 6 investigation so far. Here’s what we’re all looking to see going forward. -
Correcting Misconceptions About the Electoral Count Reform Act
The new bipartisan bill is a substantial improvement over the 1887 Electoral Count Act. -
Lawfare No Bull: Day Eight of the Jan. 6 Committee Hearings
Today on Lawfare No Bull: On July 21st, the Jan. 6 committee held its eighth public hearing. -
Livestream: Jan. 6 Select Committee Hearing Day Eight
The hearing is expected to focus on what occurred in the West Wing during the 187 minutes between the breach of the Capitol and Trump’s call to his supporters to leave the building. -
Is the Justice Department Meeting the Moment?
It’s reasonable at this point for the public to be frustrated by, and for journalists and commentators to start pushing on, the Justice Department’s continuing silence and apparent lack of urgency regard... -
In Defense of the Justice Department
“Do your job!” is just one small step removed from “Lock him up!” which is no different at all from “Lock her up!”—even if it feels entirely different and altogether more righteous. -
Dissecting the Justice Department’s Prosecutorial Decisions on Navarro, Meadows, and Scavino
A recent Justice Department filing offers clues about why Peter Navarro faces prosecution for contempt of Congress but Mark Meadows and Dan Scavino do not, and it also raises questions about the departme... -
Biden Administration Executive Order on U.S. Hostages and Wrongful Detainees
The order declares a national emergency to deal with the issues of wrongfully detained U.S. national and hostage-taking abroad. -
Justice Department Filing Supports Jan. 6 Committee’s Subpoena of Meadows
The Justice Department determined that the closest advisers to presidents do not retain absolute immunity from congressional subpoenas after those presidents leave office. -
The Lawfare Podcast: What's up with the Fulton County Special Grand Jury
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The Lawfare Podcast: The Jan. 6 Committee, Day Seven
The Jan. 6 committee held its seventh in a series of prominent hearings unveiling the findings of its investigation to the public. Lawfare Editor in Chief Benjamin Wittes moderated a conversation with La... -
Carpenter Should Replace Katz in Fourth Amendment Law
The emerging three-factor Carpenter test should become the primary standard for Fourth Amendment searches, replacing the test that has prevailed for over 50 years.


