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After the Cawthorn Ruling, Can Trump Be Saved From Section 3 of the 14th Amendment?
It’s extremely likely that at least one of those election officials will find Trump disqualified under Section 3. -
What to Make of the Subpoenas to House Republicans?
After months of attempting to persuade the members to appear voluntarily, the January 6 select committee has subpoenaed five Republican House members to testify. -
The House Should Fine Bannon, Meadows, Navarro and Scavino Now If It Wants Their Testimony
Other remedies don’t work. Congress should revive its own power to impose sanctions for contempt. -
The Aftermath, Episode 3: Congress Responds
The episode looks at what Congress was doing in the days immediately after Jan. 6. We hear from experts and from people who were actually there, on both sides of the proceedings. -
Why Steve Bannon’s Contempt Prosecution Revolves Around His Attorney, Robert J. Costello
Robert Costello and two co-counsel have now moved to dismiss the charges against Bannon based on a series of internal Department of Justice memoranda that stretch back decades. -
The Lawfare Podcast: Marjorie Taylor Greene Faces Insurrection Questions
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Where Are the Jan. 6 Committee Hearings?
If the committee wants to hold public hearings on its findings, it will have to start moving more quickly. -
Why Hasn’t the Justice Department Charged Mark Meadows With Contempt?
It’s been four months since the House asked the Justice Department to seek Meadows’s indictment. Are the department’s misguided precedents holding things up? -
Seditious Conspiracy Is the Real Domestic Terrorism Statute
To answer the question of whether the United States needs a new domestic terrorism statute, we first have to explore how well, if at all, seditious conspiracy is already performing as a substitute. -
Donald Trump, John Eastman and the Silence of the Justice Department
How can it be that the most devastating legal opinion ever written about an American president may not trigger a criminal investigation? -
The Justice Department Faces a Setback in the Capitol Riot Cases
A U.S. District judge dismissed the felony charge that has become the single most important weapon in the government’s arsenal in Capitol insurrection cases. -
Click, Click, BOOM: The Digital Evidence Surge Behind Prosecuting Jan. 6 Rioters
Going forward, evidentiary rules and procedures must be adapted to ensure they are prepared for this influx.