Latest in Criminal Justice & Rule of Law
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Can a Former President Assert Executive Privilege in an Impeachment Trial?
Senators should not concede that former President Trump has the authority to assert executive privilege and direct the withholding of evidence based on his appraisal of the public interest. And it should... -
The Lawfare Podcast: Joan Donovan on Disinformation and Social Movements
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No Light at the End of the Tunnel: Chad Wolf’s Unlawful Homeland Security Policies Are Still Unlawful
For two years, acting secretaries ran the Department of Homeland Security in violation of the vacancies laws. The Trump administration’s last-minute effort to shore up the legality of their actions is fu... -
Why the Senate Shouldn’t Hold a Late Impeachment Trial
Trying Donald Trump after he has left office would be to subvert the law in an effort to punish someone who subverted the law. -
Nine Questions for the Capitol Insurrection Commission
Besides offering a definitive account of the events leading up to the storming of the Capitol and the attack itself, what should an investigative commission devoted to Jan. 6 look at? -
A Practical Path to Condemn and Disqualify Donald Trump
The 14th Amendment path to holding Trump accountable is true to the facts and preferable procedurally, as compared to impeachment. -
The Lawfare Podcast: Dan Byman on the Sequel that Never Came to Be
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Documents Related to Biden Administration Immigration Policy
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Facebook Has Referred Trump’s Suspension to Its Oversight Board. Now What?
Don’t expect high drama or fireworks. But this could signal a substantial change in how the platform approaches content moderation. -
When Extremists Stormed the Capitol and Got Convicted of Seditious Conspiracy
In 1954, four Puerto Rican nationalist terrorists stormed the Capitol and shot five congressmen. The incident also produced an interesting Second Circuit opinion. -
Is There a Free Speech Defense to an Impeachment?
Some observers have argued that the First Amendment protects President Trump from conviction before the Senate for his inflammatory rhetoric. Senators should not take this argument seriously. -
Disqualifying Insurrectionists and Rebels: A How-To Guide
Could Section 3 of the 14th Amendment be used to bar Donald Trump and some of his allies from ever holding federal or state office again?


