Latest in Democracy & Elections
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Five Stray Thoughts on the Oath Keepers Verdict
A listicle of in-the-weeds takeaways from Lawfare’s Oath Keepers trial correspondent. -
Militant Democracy Stages a Comeback in Brazil
Brazilian Supreme Court justices recently decided to intervene to prevent an authoritarian government, which could be the first move in a process of democratic consolidation or, by contrast, the seeds of... -
Seditious Kvetching: The Surprisingly Non-Trivial Defense in the Oath Keepers Prosecution
Because there was no concrete plan to storm the Capitol, the defendants have been able to argue that their rhetoric was no more than that: rhetoric. -
We Live in an Age of Futile Impeachments
Partisan polarization has brought the Age of Futile Impeachments into full blossom. Perhaps there is a better way to condemn a president’s actions. -
Flynn Must Fly to Fulton
Judge rules that, much like Newt Gingrich and Lindsey Graham, Michael Flynn cannot ignore a Fulton County grand jury subpoena. -
Mr. Smith Goes to Washington
What triggered the appointment of a special counsel, who is Jack Smith, and what, if anything, does this mean for the investigations into Donald Trump? -
The Lawfare Podcast, Emergency Edition: Another Special Counsel Investigation of Donald Trump
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Even Newt Gingrich Has to Testify in Fulton County
While you were recovering from election night, the former House speaker and I were in court. -
The Lawfare Podcast: Decentralized Social Media and the Great Twitter Exodus
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A Lurking Threat: State Emergency Powers in Elections
The authority to both define state emergencies and exercise state statutory emergency powers rests almost entirely with America’s governors. When emergencies—real or supposed—and elections intersect, sta... -
Mark Meadows Can’t Ignore a Fulton County Subpoena Either
Former Trump Chief of Staff Mark Meadows has his first day in court—and it doesn’t go his way. -
Thinking Through the Jan. 6 Committee’s Trump Subpoena
Is Trump immune from the subpoena? Can the select committee enforce it if he refuses to comply? It’s complicated.


