Outside during the US Capitol during the January 6, 2021 attack on the building (Tyler Merbler, bit.ly/3s5yBmQ; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/deed.en)
Welcome to the homepage of Lawfare’s January 6 Project: our coverage of the Jan. 6, 2021, attack on the Capitol and the government's response. Here you will be able to find Lawfare articles and podcasts exploring the many legal and policy issues arising out of the attack, as well as a repository of significant documents, congressional hearings, case information and other related materials.
Use the buttons to navigate Lawfare’s collection of primary source documents relating to the congressional response, criminal prosecutions, and civil litigation. And find Lawfare’s analysis and commentary at the links below. This information will be updated continually.Primary Source Documents
The Aftermath
Lawfare's latest podcast series explores the government's response to the events of January 6. Launched on the one-year anniversary, this podcast is ongoing. Find all episodes of the Aftermath here.
The Search for Accountability:
A Guide to Lawfare's Jan. 6 Project
Click here to read the story of Jan. 6’s aftermath—and all of Lawfare’s coverage of it—in one place.
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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. -
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 ...