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The Last Time the Justice Department Prosecuted a Seditious Conspiracy Case
It's time to take another look at the 2012 trial of the Hutaree militia. -
What’s Congress Doing in Response to the Capitol Assault (Besides Impeachment)?
An understandable focus on impeachment has obscured the breadth of work Congress has undertaken in other areas to respond to the Jan. 6 insurrection. -
Expulsion, Exclusion, Disqualification, Impeachment, Pardons: How They Fit Together
Read alongside one another, these clauses can lead to striking and provocative conclusions. -
Trump’s Answer to the Senate and the Constitutional Stakes in the Pending Trial
The overriding question in the pending trial is whether the Senate trial will be the occasion for a seminal judgment on Trump’s conception of the office of the presidency. -
The Lawfare Podcast: An Impeachment Trial Preview
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The Lawfare Podcast: Impeachment Briefing
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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. -
The Lawfare Podcast: Joan Donovan on Disinformation and Social Movements
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Nine Questions for the Capitol Insurrection Commission
Besides offering a definitive account of the events leading up to the storming of the Capitol and the attack itself, what should an investigative commission devoted to Jan. 6 look at? -
A Practical Path to Condemn and Disqualify Donald Trump
The 14th Amendment path to holding Trump accountable is true to the facts and preferable procedurally, as compared to impeachment. -
The Lawfare Podcast: Dan Byman on the Sequel that Never Came to Be
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Facebook Has Referred Trump’s Suspension to Its Oversight Board. Now What?
Don’t expect high drama or fireworks. But this could signal a substantial change in how the platform approaches content moderation.