Latest in Criminal Justice & Rule of Law
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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 ... -
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...


