Latest in Criminal Justice & Rule of Law
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Trump’s Lawyers Denounce Impeachment Trial as ‘Political Theater’ in Pretrial Brief
Former President Trump’s legal team filed a brief with the Senate on Feb. 8 outlining their defense a day before Trump’s second impeachment trial is set to begin. -
The Lawfare Podcast: An Impeachment Trial Preview
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House Impeachment Managers Ask Trump to Testify in Senate Trial
Rep. Jamie Raskin asked for Trump’s testimony on the events that led to the Jan. 6 insurrection at the Capitol. -
The Hidden Cost of Undoing the Travel Ban
The final iteration of the travel ban reflected data-driven assessments by the Department of Homeland Security, which worked to encourage deeper cooperation from other governments. -
The Wall Street Journal Misreads Section 230 and the First Amendment
In a new Wall Street Journal op-ed, Philip Hamburger argues that “the government, in working through private companies, is abridging the freedom of speech.” This argument doesn’t hold water. -
The Constitutionality of Trying a Former President Impeached While in Office
Constitutional structure, founding-era understanding and later precedents all reinforce the imperative of employing impeachment to protect constitutional government—even if the president’s term has alrea... -
The Lawfare Podcast: Impeachment Briefing
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Trump’s Lawyers Deny He Incited the Capitol Riots in Brief Responding to Articles of Impeachment
The former president’s lawyers push back on the House managers’ claim that Trump incited the Jan. 6 insurrection at the capitol and argued that the Senate has no authority to try a former president. -
Trump Bears 'Unmistakable' Responsibility for Capitol Riot, House Impeachment Brief Argues
The brief calls Trump’s actions a “betrayal of historic proportions.” -
Parler Wasn’t Hacked, and Scraping Is Not a Crime
The journalism that the Parler archive enabled highlights what would be lost in letting website owners outlaw common internet research techniques. -
Executive Actions on Policing and Criminal Justice
Lawfare is compiling a selection of executive actions taken by President Biden to implement his administration’s policies on policing and criminal justice. -
The Justice Department is Prosecuting an American for Election Interference—in 2016
“Ricky Vaughn” was among the most prolific far-right Twitter users working to spread disinformation during the 2016 election cycle. Why is he only now facing criminal charges for his attempt to suppress ...


