Latest in Criminal Justice & Rule of Law
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How the Jan. 6 Committee Can Make It Easy to Prosecute Bannon for Contempt
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?
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A Senate Report Shows How Close American Democracy Came to Disaster
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?
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
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?
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?
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, ... -
Understanding Police Reliance on Private Data
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The National Security Law Podcast: The Witness Who Became a Meme
The latest episode of the National Security Law Podcast -
The FBI’s FISA Mess
The inspector general’s latest report on FISA implementation at the FBI is not as bad as it looks, but it’s not good either. -
Private Data/Public Regulation
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Executive Privilege and the Jan. 6 Investigation
The House select committee investigating the Jan. 6 attack is intent on seeking any and all information. However, the amount of information the committee receives depends on a battle between four distinc...
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