Latest in Criminal Justice & Rule of Law
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The 14th Amendment’s Disqualification Provision and the Events of Jan. 6
Section 3 of the 14th Amendment is the best legal framework available for addressing the extraordinary events at the Capitol with respect to the eligibility of participants to hold public office. -
The Lawfare Podcast: Dan Hemel and Gerard Magliocca on Section 3 of the 14th Amendment
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Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma
The Fourth Amendment government agency problem requires platforms to walk a fine—and sometimes untenable—line in searching for private user content that contains child sex abuse material and other illega... -
Can a Former President Be Impeached and Convicted?
A response to Judge Michael Luttig. -
How Could Law Enforcement Have Investigated Before the Capitol Riot?
As more information becomes public about the violence at the Capitol, it’s helpful to understand the basic rules under which the government collects information in advance of events like those that took ... -
Report Details Justice Department's Push to Separate Immigrant Families
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A Proposal for a Commission on the Capitol Siege
An attempt to sketch out the justification for a commission as well as the mandate, major areas of inquiry and legislative language that are needed to guide this effort. -
Felony Murder and the Storming of the Capitol
Though the facts of precisely what happened at the Capitol are still coming to light, it seems likely that prosecutors could file felony murder charges against at least some of the rioters. -
Social Media Companies Need Better Emergency Protocols
Social media companies should develop emergency protocols to counter the exploitation by malign agents and states that seek to foment violence. -
Necessary and Insufficient: The Problems Impeachment Does Not Solve
The bipartisan impeachment vote is an important and necessary step. But it fits President Trump’s final days only awkwardly. -
Document: Article of Impeachment and House Judiciary Report
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The Lawfare Podcast: The Incredible Vanishing President


