Latest in Criminal Justice & Rule of Law
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The Lawfare Podcast: Marjorie Taylor Greene Faces Insurrection Questions
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Where Are the Jan. 6 Committee Hearings?
If the committee wants to hold public hearings on its findings, it will have to start moving more quickly. -
Why Hasn’t the Justice Department Charged Mark Meadows With Contempt?
It’s been four months since the House asked the Justice Department to seek Meadows’s indictment. Are the department’s misguided precedents holding things up? -
Seditious Conspiracy Is the Real Domestic Terrorism Statute
To answer the question of whether the United States needs a new domestic terrorism statute, we first have to explore how well, if at all, seditious conspiracy is already performing as a substitute. -
D.C. Circuit Rules That Public Health Law Empowers Government to Expel Asylum-Seekers—But Not to Countries Where They Face Persecution or Torture
The U.S. Court of Appeals for the District of Columbia Circuit recently ruled in a challenge to a policy of expelling asylum-seekers at the border during the coronavirus pandemic, offering partial victor... -
Donald Trump, John Eastman and the Silence of the Justice Department
How can it be that the most devastating legal opinion ever written about an American president may not trigger a criminal investigation? -
The Fourth Amendment and Geofence Warrants: A Critical Look at United States v. Chatrie
The reasoning of the decision has some major problems. -
Divestment From Russia by Foreign Business Could Increase Pressure on Putin
While Putin made prewar preparations to attempt to sanction-proof the Russian economy, he was not ready for the risk of a mass foreign exodus from the Russian market. -
The Justice Department Faces a Setback in the Capitol Riot Cases
A U.S. District judge dismissed the felony charge that has become the single most important weapon in the government’s arsenal in Capitol insurrection cases. -
Click, Click, BOOM: The Digital Evidence Surge Behind Prosecuting Jan. 6 Rioters
Going forward, evidentiary rules and procedures must be adapted to ensure they are prepared for this influx. -
Does Foreign Sovereign Immunity Apply to Sanctions on Central Banks?
The relationship between foreign sovereign immunity and sanctions against central banks is important but often mischaracterized. -
The Aftermath, Episode 2: Scattered to the Four Winds
After the Jan. 6 insurrection, all the suspects were allowed to go home—setting up the biggest criminal investigation in the FBI’s history.


