-
The Lawfare Podcast: Lawfare Enters the Substack Discourse
-
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
-
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. -
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
-
Nomination Hearing: Linda Thomas-Greenfield as U.N. Ambassador
-
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. -
A 12-Step Rehabilitation Program for American Election Administration
This post offers a 12-step program to address the most significant administrative challenges exposed in the 2020 election.