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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. -
On Bullshit and the Oath of Office: The “LOL Nothing Matters” Presidency
Back in 2005, Princeton University Press published a slim, slickly-packaged book with a provocative title by a philosophy professor named Harry Frankfurt. The book was a reprint of a short essay by Frank... -
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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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. -
The Lawfare Podcast: Decentralized Social Media and the Great Twitter Exodus
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A Lurking Threat: State Emergency Powers in Elections
The authority to both define state emergencies and exercise state statutory emergency powers rests almost entirely with America’s governors. When emergencies—real or supposed—and elections intersect, sta... -
Mark Meadows Can’t Ignore a Fulton County Subpoena Either
Former Trump Chief of Staff Mark Meadows has his first day in court—and it doesn’t go his way. -
Thinking Through the Jan. 6 Committee’s Trump Subpoena
Is Trump immune from the subpoena? Can the select committee enforce it if he refuses to comply? It’s complicated. -
Justice Thomas Temporarily Blocks Sen. Graham’s Testimony in Fulton County
Justice Clarence Thomas issued an administrative stay of the 11th Circuit Court’s order forcing Sen. Lindsey Graham to testify before the Fulton County Special Grand Jury investigating the alleged attemp...