Latest in Criminal Justice & Rule of Law
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Judicial Imperialism and the “Remain in Mexico” Ruling
Late last year, the Court of Appeals for the Fifth Circuit affirmed a sweeping injunction against President Biden’s termination of the Migration Protection Protocols by grossly distorting statutory provi... -
D.C. District Court Judge Rules Trump Jan. 6 Civil Case Will Move Forward, Dismisses Cases For Some Allies
The ruling determined that Trump could be held liable for his conduct in office. -
Should Judges Defer to Police Expertise?
Legal challenges to police misconduct often do their best to deny claims that police officers are “experts” in the field. But what if they are, and that’s part of the problem? -
Can Madison Cawthorn Be Blocked From the North Carolina Ballot as an Insurrectionist?
In January, a group of North Carolina voters filed a 34-page petition to block Rep. Madison Cawthorn’s name from appearing on the 2022 primary ballot. What’s behind the petition? -
Five Ways to Improve Sanctions Coordination Between the U.S. Government and Humanitarian Aid Groups
Humanitarian groups often express frustration with U.S. sanctions, which can hinder the deliver of aid during crises and make banks reluctant to work with them, but there are ways to bridge this gap. -
Where Is the Justice Department on the Trump Obstruction Offenses?
Some speculation as the statutes of limitations for offenses described in the Mueller report begin to run down. -
Can a Congressional Committee Subpoena Members of Congress?
In this post, we offer a guide on the authority of a congressional committee to issue a subpoena to a sitting member of Congress—and the potential to have that subpoena enforced if the recipient defies it. -
As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore
Democrats in Congress should not let their overlooking of existing federal-court authority, or their displeasure with the result in Bush v. Gore, impede the current effort at bipartisan ECA reform. -
Shadow Sanctions for Immigration Violations
Although the INA strictly imposes deportation for all immigration offenses, immigration law does not, in practice, have only one penalty—but these sanctions are imposed arbitrarily and in the shadows of ... -
The Lawfare Podcast: Defunding the Insurrectionists
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Biden Signs Executive Order Making Sexual Harassment an Offense Under the UCMJ
Prior to the order, there was no charge for sexual harassment under military law; instead, it was prosecuted under various sections of the UCMJ. -
The Lawfare Podcast: The Capitol Police and the Enduring Effects of Jan. 6


