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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... -
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. -
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 Lawfare Podcast: The FBI, Social Media and Jan. 6
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The Justice Department Shouldn’t Open the Pandora’s Box of Seditious Conspiracy
The Justice Department’s pursuit of criminal charges against the perpetrators of the Jan. 6 mob invasion of the Capitol is gathering steam, but it should resist using the seditious conspiracy statute. -
The Lawfare Podcast: Jacob Schulz on Seditious Conspiracy
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The Lawfare Podcast: Seamus Hughes and Alan Rozenshtein on the January 6 Charges
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The Lawfare Podcast: Chris Wray vs. the Committee with No Bull
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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. -
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.