Criminal Justice & Rule of Law

The Lawfare Podcast: Carissa Hessick on Jan. 6 Plea Bargains

Jen Patja Jacob Schulz Carissa Hessick

Oct 19, 2021

Jan. 6 Committee Releases Contempt Report on Steve Bannon

Rohini Kurup

Oct 19, 2021

The report outlines the committee’s efforts to get Bannon to comply and his failure to do so.

Trump Files Lawsuit Against Jan. 6 Committee and NARA

Bryce Klehm

Oct 18, 2021

How the Jan. 6 Committee Can Make It Easy to Prosecute Bannon for Contempt

Jonathan Shaub

Oct 18, 2021

If the Jan. 6 Committee eliminates any potential claim of executive privilege, the challenges of prosecuting Bannon and other former executive branch officials may be facilitated.

The Lawfare Podcast: What's Up With the January 6 Investigation?

Jen Patja Benjamin Wittes Molly E. Reynolds , +1

Oct 15, 2021

A Senate Report Shows How Close American Democracy Came to Disaster

Quinta Jurecic Bryce Klehm Natalie K. Orpett , +1

Oct 12, 2021

Democracy is dependent on the good faith of people in power. The Senate Judiciary Committee’s new staff report shows how fragile fidelity stands as a bulwark against anti-democratic efforts.

Are the Jan. 6 Plea Deals Too Lenient?

Carissa Byrne Hessick

Oct 11, 2021

Misdemeanor plea bargains may seem too lenient in a few cases, but it appears that the government is going to insist on guilty pleas to felony charges in some cases.

Navy Engineer Charged With Attempting to Share Nuclear Submarine Secrets

Rohini Kurup

Oct 11, 2021

For over a year, Jonathan Toebbe and Diana Toebbe allegedly sold information about the design of nuclear-powered warships to a person they believed to be a representative of a foreign government who turn...

When Is a State Secret Not a Secret?

Robert Loeb Cesar Lopez-Morales

Oct 8, 2021

In oral argument in United States v. Zubaydah, the court seemed to take seriously the government’s invocation of the state secrets privilege to protect information that seems very much in the public doma...

The Jan. 6 Investigation Is Ramping Up. Will It Matter?

Quinta Jurecic Molly E. Reynolds

Oct 8, 2021

The House select committee on the Jan. 6 attack has set out to uncover an enormous amount of information with significant obstacles to overcome in the process. With so much to cover in such little time, ...