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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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Facebook Has Referred Trump’s Suspension to Its Oversight Board. Now What?
Don’t expect high drama or fireworks. But this could signal a substantial change in how the platform approaches content moderation. -
The Lawfare Podcast: Information Disorder During and After the Trump Presidency
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When Extremists Stormed the Capitol and Got Convicted of Seditious Conspiracy
In 1954, four Puerto Rican nationalist terrorists stormed the Capitol and shot five congressmen. The incident also produced an interesting Second Circuit opinion. -
Nomination Hearing: Retired Gen. Lloyd Austin III as Next Defense Secretary
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Nomination Hearing: Antony Blinken as Next Secretary of State
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Disqualifying Insurrectionists and Rebels: A How-To Guide
Could Section 3 of the 14th Amendment be used to bar Donald Trump and some of his allies from ever holding federal or state office again? -
The 14th Amendment’s Disqualification Provision and the Events of Jan. 6
Section 3 of the 14th Amendment is the best legal framework available for addressing the extraordinary events at the Capitol with respect to the eligibility of participants to hold public office. -
The Lawfare Podcast: Dan Hemel and Gerard Magliocca on Section 3 of the 14th Amendment
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Nomination Hearing: Alejandro Mayorkas as Next Secretary of Homeland Security