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Al-Hela v. Biden and Due Process at Guantanamo
The whole D.C. Circuit is set to rehear a case that could decisively determine whether foreign aliens held at Guantanamo Bay have constitutional due process rights. -
A Political Compromise on Qualified Immunity
In its effort to address qualified immunity, Congress should distinguish between civil actions that seek to encourage agency reform and civil actions that serve to punish wrongdoers who engage in extreme... -
It’s Time to Surge Resources Into Prosecuting Ransomware Gangs
The Justice Department needs a “troop surge” of cyber prosecutors and agents to conduct long-term, proactive investigations into ransomware gangs and the organizations that enable them. -
What’s in the Jan. 6 Commission Bill?
The bipartisan compromise the House will consider on Wednesday could support a serious investigation. It could also produce deadlock and grandstanding. Everything will depend on the commission’s composit... -
Here’s a More Important Reform Than Ending Qualified Immunity
It's time to apply vicarious liability to local governments whose police officers violate the civil rights of residents. The change would be a more important reform for Section 1983 litigation than getti... -
The Lawfare Podcast: Garland and Mayorkas on Domestic Violent Extremism with No Bull
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Livestream: Senate Appropriations Committee Hearing on Domestic Violent Extremism
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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. -
Pattern-or-Practice Investigations and Police Reform
Attorney General Merrick Garland has announced pattern-or-practice investigations into police in both Minneapolis and Louisville after the deaths of George Floyd and Breonna Taylor. What are these invest... -
House Appropriations Hearing on Justice Department's Response to Domestic Violent Extremism
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Civil Liberties Groups Ask Supreme Court to Make FISC Opinions Public
The petitioners argue that the First Amendment gives the public the right to access FISC decisions and that redactions should only serve legitimate national security interests. -
No Server Left Behind: The Justice Department’s Novel Law Enforcement Operation to Protect Victims
The U.S. Department of Justice recently announced that it undertook a law enforcement operation to remove malware from hundreds of victim systems in the United States. What’s the significance of the move?