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A Crucial Appeal for Capitol Riot Prosecutions: D.C. Circuit to Hear Arguments Challenging the Felony Charge Used in 290 Cases
If an appellate panel affirms the dismissals of the charges in the trilogy of cases involving Jan. 6 rioters on Dec. 12, it would needlessly annihilate hundreds of Capitol siege charges aimed at exceedin... -
Content Moderation Sacrificed in Left-Right Deals on Tech Reform
Democrats are repeatedly turning to a strategy that enables them to secure Republican support for competition legislation, but with steep long-term costs for content moderation. -
Five Stray Thoughts on the Oath Keepers Verdict
A listicle of in-the-weeds takeaways from Lawfare’s Oath Keepers trial correspondent. -
Seditious Kvetching: The Surprisingly Non-Trivial Defense in the Oath Keepers Prosecution
Because there was no concrete plan to storm the Capitol, the defendants have been able to argue that their rhetoric was no more than that: rhetoric. -
We Live in an Age of Futile Impeachments
Partisan polarization has brought the Age of Futile Impeachments into full blossom. Perhaps there is a better way to condemn a president’s actions. -
Flynn Must Fly to Fulton
Judge rules that, much like Newt Gingrich and Lindsey Graham, Michael Flynn cannot ignore a Fulton County grand jury subpoena. -
Mr. Smith Goes to Washington
What triggered the appointment of a special counsel, who is Jack Smith, and what, if anything, does this mean for the investigations into Donald Trump? -
The Lawfare Podcast, Emergency Edition: Another Special Counsel Investigation of Donald Trump
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Gul v. Biden: Habeas Corpus and the Associated Force Doctrine in Guantanamo Bay Litigation
Judge Mehta’s 2021 decision granting Guantanamo Bay detainee Asadullah Haroon Gul’s writ of habeas corpus defines what the government must show to prove that a member of a former “associated force” shoul... -
Even Newt Gingrich Has to Testify in Fulton County
While you were recovering from election night, the former House speaker and I were in court. -
I Have Not ‘Called for Chinese-Style Censorship of the Internet’
Nor am I “panicked over free speech breaking out” on Elon Musk’s Twitter, or part of “a strong movement on the left to regulate and censor the Internet.” -
An Update on Homeland Security Intelligence Reporting on Me
Two significant developments concerning DHS’s intelligence reporting on journalists.