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Seditious Conspiracy Is the Real Domestic Terrorism Statute
To answer the question of whether the United States needs a new domestic terrorism statute, we first have to explore how well, if at all, seditious conspiracy is already performing as a substitute. -
Donald Trump, John Eastman and the Silence of the Justice Department
How can it be that the most devastating legal opinion ever written about an American president may not trigger a criminal investigation? -
The Justice Department Faces a Setback in the Capitol Riot Cases
A U.S. District judge dismissed the felony charge that has become the single most important weapon in the government’s arsenal in Capitol insurrection cases. -
Click, Click, BOOM: The Digital Evidence Surge Behind Prosecuting Jan. 6 Rioters
Going forward, evidentiary rules and procedures must be adapted to ensure they are prepared for this influx. -
Now Will the Justice Department Investigate Trump?
The Jan. 6 Committee filed a brief in federal court asserting that evidence "establishes a good-faith belief that [former President] Trump and others may have engaged in criminal and/or fraudulent acts.” -
Was an Attempt to Take Over a Tennessee Courthouse in 2010 a Preview of Jan. 6?
In both the attack on the Capitol and the standoff at the Tennessee courthouse, members of the Oath Keepers promoted self-serving, distorted “patriotic” rhetoric to justify criminal acts against governme... -
The First Trial of a Capitol Riot Defendant: A Shock-and-Awe Campaign of Video, Audio, and Other Digital Evidence
When Capitol riot defendant Guy Reffitt goes to trial before a federal jury in Washington, D.C., prosecutors plan to present a shock-and-awe campaign of video, audio and other digital evidence. -
Mazars Creep and the Jan. 6 Committee
Tracing the influence of the Supreme Court’s decision in Trump v. Mazars on the House investigation into the Capitol riot. -
Can Madison Cawthorn Be Blocked From the North Carolina Ballot as an Insurrectionist?
In January, a group of North Carolina voters filed a 34-page petition to block Rep. Madison Cawthorn’s name from appearing on the 2022 primary ballot. What’s behind the petition? -
Can a Congressional Committee Subpoena Members of Congress?
In this post, we offer a guide on the authority of a congressional committee to issue a subpoena to a sitting member of Congress—and the potential to have that subpoena enforced if the recipient defies it. -
The Lawfare Podcast: Defunding the Insurrectionists
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The Lawfare Podcast: The Capitol Police and the Enduring Effects of Jan. 6