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When Extremists Stormed the Capitol and Got Convicted of Seditious Conspiracy
In 1954, four Puerto Rican nationalist terrorists stormed the Capitol and shot five congressmen. The incident also produced an interesting Second Circuit opinion. -
Disqualifying Insurrectionists and Rebels: A How-To Guide
Could Section 3 of the 14th Amendment be used to bar Donald Trump and some of his allies from ever holding federal or state office again? -
The 14th Amendment’s Disqualification Provision and the Events of Jan. 6
Section 3 of the 14th Amendment is the best legal framework available for addressing the extraordinary events at the Capitol with respect to the eligibility of participants to hold public office. -
Can a Former President Be Impeached and Convicted?
A response to Judge Michael Luttig. -
How Could Law Enforcement Have Investigated Before the Capitol Riot?
As more information becomes public about the violence at the Capitol, it’s helpful to understand the basic rules under which the government collects information in advance of events like those that took ... -
A Proposal for a Commission on the Capitol Siege
An attempt to sketch out the justification for a commission as well as the mandate, major areas of inquiry and legislative language that are needed to guide this effort. -
Felony Murder and the Storming of the Capitol
Though the facts of precisely what happened at the Capitol are still coming to light, it seems likely that prosecutors could file felony murder charges against at least some of the rioters. -
Social Media Companies Need Better Emergency Protocols
Social media companies should develop emergency protocols to counter the exploitation by malign agents and states that seek to foment violence. -
The Lawfare Podcast: The Incredible Vanishing President
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Longer-Term Cybersecurity Implications of the Occupation of the Capitol—Beware of Fake Leaks
There are many consquences of the rioters taking computers from members' offices. -
The Parler Breach and the Capitol Rioters
Cybersecurity meets the insurrection. -
Twitter Puts an End to Trump’s Rhetorical Presidency
The excitement and alarm that greeted President Trump’s ban from Twitter underscores a fundamental truth about his presidency: The power of presidential speech was the only power of the office that ever ...