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What Do—and Will—the Criminal Prosecutions of the Jan. 6 Capitol Rioters Tell Us?
A look at the guilty pleas so far sheds light on who the defendants are, what their goals were, how evidence is being gathered, and how prosecutors and judges are coping with the largest federal criminal... -
The Jan. 6 Committee Should Take Its Time With Mark Meadows
The Jan. 6 committee should not rush to hold Mark Meadows in contempt. It should instead take the time to develop a record that leaves him no wiggle room to hide behind the ambiguities inherent in execut... -
The Lawfare Podcast: The SEC and the Facebook Papers
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A Brief History of Online Influence Operations
What does the history of online influence operations reveal about how to tackle disinformation? -
The Lawfare Podcast: Twitter’s Head of Public Policy Explains the Company’s Advice to Regulators
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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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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.