Latest in Criminal Justice & Rule of Law
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Immigration Enforcement Under the Biden Administration: Testing, Testing
Initial litigation challenging the Biden administration’s immigration policy may have far-reaching implications for executive power, judicial power, federalism and administrative law. -
Impeachment Trial Diary: Daily Thoughts on the Senate’s Proceedings
A summary of each day’s trial proceedings with analysis and reflections. -
Trump’s Answer to the Senate and the Constitutional Stakes in the Pending Trial
The overriding question in the pending trial is whether the Senate trial will be the occasion for a seminal judgment on Trump’s conception of the office of the presidency. -
Livestream: Second Trump Impeachment Trial Day 1
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House Impeachment Managers File Five-Page Memo Rejecting Trump Legal Team’s Arguments Ahead of Impeachment Trial
The impeachment managers refuted Trump’s legal team’s claim that the former president engaged in free speech protected by the First Amendment when he claimed voter fraud and urged his supporters to “figh... -
Trump’s Lawyers Denounce Impeachment Trial as ‘Political Theater’ in Pretrial Brief
Former President Trump’s legal team filed a brief with the Senate on Feb. 8 outlining their defense a day before Trump’s second impeachment trial is set to begin. -
The Lawfare Podcast: An Impeachment Trial Preview
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House Impeachment Managers Ask Trump to Testify in Senate Trial
Rep. Jamie Raskin asked for Trump’s testimony on the events that led to the Jan. 6 insurrection at the Capitol. -
The Hidden Cost of Undoing the Travel Ban
The final iteration of the travel ban reflected data-driven assessments by the Department of Homeland Security, which worked to encourage deeper cooperation from other governments. -
The Wall Street Journal Misreads Section 230 and the First Amendment
In a new Wall Street Journal op-ed, Philip Hamburger argues that “the government, in working through private companies, is abridging the freedom of speech.” This argument doesn’t hold water. -
The Constitutionality of Trying a Former President Impeached While in Office
Constitutional structure, founding-era understanding and later precedents all reinforce the imperative of employing impeachment to protect constitutional government—even if the president’s term has alrea... -
The Lawfare Podcast: Impeachment Briefing
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