Latest in Criminal Justice & Rule of Law
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Igor Danchenko, Steele Dossier Source, Indicted as Part of Durham Investigation
Danchenko, a Russian analyst who was a primary source behind the 2016 dossier of allegations against Donald Trump, was arrested Thursday as part of the ongoing Durham probe. -
What Do—and Will—the Criminal Prosecutions of the Jan. 6 Capitol Rioters Tell Us?
A look at the guilty pleas so far sheds light on who the defendants are, what their goals were, how evidence is being gathered, and how prosecutors and judges are coping with the largest federal criminal... -
The Impact of Carpenter v. United States in the Lower Courts and the Emerging Carpenter Test
An analysis of the federal and state judgments applying Carpenter illuminates both the present state of the law and the paths along which it will likely continue to develop. -
The Jan. 6 Committee Should Take Its Time With Mark Meadows
The Jan. 6 committee should not rush to hold Mark Meadows in contempt. It should instead take the time to develop a record that leaves him no wiggle room to hide behind the ambiguities inherent in execut... -
Alternative Channels for Police Transparency
Fourth Amendment doctrine and new policing technologies have made law enforcement less transparent, less accountable and less trustworthy. Transparency law is beginning to fill the gap. -
Belarus’s Lawfare Against Latvia, Lithuania and Poland
Belarus is currently using migrant issues as “lawfare” in its hybrid operations against Western European neighbors. -
State Anti-Protest Laws and Their Constitutional Implications
States have recently passed laws targeting a range of protest actions. How exactly do these statutes work and what constitutional questions do they raise? -
Guantanamo, the Courts and the Shrinking Scope of U.S. Military Detention Authority
As the organizational scope of the post-9/11 armed conflict evolves, so too does the scope of military detention authority. A court’s ruling this week illustrates that it is shrinking. -
Legal Ethics, Bar Discipline and John Eastman
The bar review of John Eastman’s conduct in the run-up to and aftermath of the Jan. 6 insurrection has begun, and how the case unfolds is uncertain. Bar discipline is an instrument ill-suited to address ... -
The Lawfare Podcast: Everything You Wanted to Know About Executive Privilege But Were Afraid to Ask
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Prosecuting Project Raven: A New Frontier for Export Control Enforcement
The deferred prosecution agreements for three members of Project Raven charged with hacking on behalf of a foreign government seem to set a precedent for lenient treatment for this type of conduct. In re... -
An Update on the Prospects for a Contempt Prosecution of Steve Bannon
After my post went live on Oct. 18, two significant developments occurred in the prospects of a contempt prosecution of Steve Bannon.


