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Guantanamo, the Courts and the Shrinking Scope of U.S. Military Detention Authority
As the organizational scope of the post-9/11 armed conflict evolves, so too does the scope of military detention authority. A court’s ruling this week illustrates that it is shrinking. -
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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Prosecuting Project Raven: A New Frontier for Export Control Enforcement
The deferred prosecution agreements for three members of Project Raven charged with hacking on behalf of a foreign government seem to set a precedent for lenient treatment for this type of conduct. In re... -
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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Jan. 6 Committee Releases Contempt Report on Steve Bannon
The report outlines the committee’s efforts to get Bannon to comply and his failure to do so. -
Trump Files Lawsuit Against Jan. 6 Committee and NARA
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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. -
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.