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The Lawfare Podcast: Roger Parloff on the Jan. 6 Capitol Riot Prosecutions
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Why the Justice Department Is Taking So Long to Indict Steve Bannon
The contempt case against Bannon is actually more complicated than it looks. -
The Law of Individual Disqualification in a Democracy
The Jan. 6 attack on the Capitol has raised questions on whether consequences should be imposed on any of the elected officials responsible. A comparative analysis of the methods of discipline against po... -
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.