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Don’t Write Off the Southern District of Florida in the Trump Prosecution
The Southern District of Florida is a district where high-profile cases involving classified information have been successfully prosecuted. -
The Supreme Court’s Counterman Decision, Explained
The Court ruled that a party must prove the defendant at least acted recklessly when he or she conveyed the threat to another. -
Can Civilians Sue Military Personnel for Constitutional Violations?
Based on decades of claims, civilians are unlikely to gain any relief when service members violate their constitutional rights. -
The Arraignment That Wasn’t
The former president’s “body man” wasn’t arraigned—for a second time. Why? -
What Counterman Means for Prosecuting Trump Over Jan. 6
Though still a possibility, it just got meaningfully less likely. -
Senate Report Details FBI, DHS Failures Prior to Jan. 6
The report details agencies’ failures to collect and analyze intelligence on potential violence in the lead up to the attack on the Capitol. -
703 Ways Trump’s Mar-a-Lago Conduct Bears No Resemblance to Hillary Clinton’s Emails
Insisting on similarity is a kind of lie to make Clinton’s conduct look worse than it was, to make Trump’s look more benign than it was, or both at the same time. -
Can Law Adapt to Meet the Climate Crisis?
Addressing the legal crisis lurking within the climate crisis. -
Confusing Judicial Reform With Unleashing Extremism
The debate over judicial activism is the wrong lens through which to consider the current Israeli fight over its judiciary. The right lens is the restraint of authoritarianism and religious radicalism. -
The Lawfare Podcast: Protests, the Police, and the Press
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The Presidential Records Act, Clinton's Socks, and Trump's Boxes
What is the PRESIDENTIAL RECORDS ACT? What is the CLINTON SOCKS CASE? Do they TOTALLY EXONERATE Donald Trump? -
There Is No Norm Against Prosecuting Former Presidents
And there never was.