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What Do—and Will—the Criminal Prosecutions of the Jan. 6 Capitol Rioters Tell Us?
A look at the guilty pleas so far sheds light on who the defendants are, what their goals were, how evidence is being gathered, and how prosecutors and judges are coping with the largest federal criminal... -
The Jan. 6 Committee Should Take Its Time With Mark Meadows
The Jan. 6 committee should not rush to hold Mark Meadows in contempt. It should instead take the time to develop a record that leaves him no wiggle room to hide behind the ambiguities inherent in execut... -
Legal Ethics, Bar Discipline and John Eastman
The bar review of John Eastman’s conduct in the run-up to and aftermath of the Jan. 6 insurrection has begun, and how the case unfolds is uncertain. Bar discipline is an instrument ill-suited to address ... -
The Lawfare Podcast: Everything You Wanted to Know About Executive Privilege But Were Afraid to Ask
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An Update on the Prospects for a Contempt Prosecution of Steve Bannon
After my post went live on Oct. 18, two significant developments occurred in the prospects of a contempt prosecution of Steve Bannon. -
The Lawfare Podcast: Carissa Hessick on Jan. 6 Plea Bargains
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How the Jan. 6 Committee Can Make It Easy to Prosecute Bannon for Contempt
If the Jan. 6 Committee eliminates any potential claim of executive privilege, the challenges of prosecuting Bannon and other former executive branch officials may be facilitated. -
The Lawfare Podcast: What's Up With the January 6 Investigation?
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A Senate Report Shows How Close American Democracy Came to Disaster
Democracy is dependent on the good faith of people in power. The Senate Judiciary Committee’s new staff report shows how fragile fidelity stands as a bulwark against anti-democratic efforts. -
Are the Jan. 6 Plea Deals Too Lenient?
Misdemeanor plea bargains may seem too lenient in a few cases, but it appears that the government is going to insist on guilty pleas to felony charges in some cases. -
The Jan. 6 Investigation Is Ramping Up. Will It Matter?
The House select committee on the Jan. 6 attack has set out to uncover an enormous amount of information with significant obstacles to overcome in the process. With so much to cover in such little time, ... -
Executive Privilege and the Jan. 6 Investigation
The House select committee investigating the Jan. 6 attack is intent on seeking any and all information. However, the amount of information the committee receives depends on a battle between four distinc...