Latest in Criminal Justice & Rule of Law
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Trump’s Lawyers Deny He Incited the Capitol Riots in Brief Responding to Articles of Impeachment
The former president’s lawyers push back on the House managers’ claim that Trump incited the Jan. 6 insurrection at the capitol and argued that the Senate has no authority to try a former president. -
Trump Bears 'Unmistakable' Responsibility for Capitol Riot, House Impeachment Brief Argues
The brief calls Trump’s actions a “betrayal of historic proportions.” -
Parler Wasn’t Hacked, and Scraping Is Not a Crime
The journalism that the Parler archive enabled highlights what would be lost in letting website owners outlaw common internet research techniques. -
Executive Actions on Policing and Criminal Justice
Lawfare is compiling a selection of executive actions taken by President Biden to implement his administration’s policies on policing and criminal justice. -
The Justice Department is Prosecuting an American for Election Interference—in 2016
“Ricky Vaughn” was among the most prolific far-right Twitter users working to spread disinformation during the 2016 election cycle. Why is he only now facing criminal charges for his attempt to suppress ... -
Can a Former President Assert Executive Privilege in an Impeachment Trial?
Senators should not concede that former President Trump has the authority to assert executive privilege and direct the withholding of evidence based on his appraisal of the public interest. And it should... -
The Lawfare Podcast: Joan Donovan on Disinformation and Social Movements
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No Light at the End of the Tunnel: Chad Wolf’s Unlawful Homeland Security Policies Are Still Unlawful
For two years, acting secretaries ran the Department of Homeland Security in violation of the vacancies laws. The Trump administration’s last-minute effort to shore up the legality of their actions is fu... -
Why the Senate Shouldn’t Hold a Late Impeachment Trial
Trying Donald Trump after he has left office would be to subvert the law in an effort to punish someone who subverted the law. -
Nine Questions for the Capitol Insurrection Commission
Besides offering a definitive account of the events leading up to the storming of the Capitol and the attack itself, what should an investigative commission devoted to Jan. 6 look at? -
A Practical Path to Condemn and Disqualify Donald Trump
The 14th Amendment path to holding Trump accountable is true to the facts and preferable procedurally, as compared to impeachment. -
The Lawfare Podcast: Dan Byman on the Sequel that Never Came to Be
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