Criminal Justice & Rule of Law
Latest in Criminal Justice & Rule of Law
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Judge Cannon Should Have Stuck to the Beaten Path
Judge Cannon’s decision is undoubtedly skillful. But judges should be wary of blazing new trails. -
A Close Look at Trump’s Immunity Objections to His N.Y. Convictions
Prosecutors may prevail before Justice Merchan, but their appellate path is daunting. -
Justice Dept. OIG Releases Report on Agency’s Response to 2020 D.C. Protests
The report finds that Bill Barr did not order law enforcement to clear protests. -
Throwing the Book at Foreign Influence: The Menendez Verdict and Going Beyond FARA
Effectively countering foreign malign influence requires leveraging the full weight of the very institutions such efforts seek to undermine. -
Justice Dept. IG Finds No Misconduct by Trump, Others to Reduce Sentencing Recommendation for Roger Stone
The OIG concludes that, “the Department’s handling of the sentencing in the Stone case was highly unusual,” but did not violate “a law, rule, regulation, or Department policy.” -
Trump’s Classified Documents Case Moves Public Opinion. Now Voters Are Unlikely to Hear It.
Republicans and independents who heard from Trump’s federal prosecutor became more supportive of the prosecution. Trump’s anti-prosecution rhetoric, by contrast, failed to increase support for the former... -
Don’t Overread the Court’s Immunity Opinion
Chief Justice Roberts gives neither Trump nor any future president a green light to tyranny, as some initial reactions to his opinion fear. -
Facts Matter: A Critical Analysis of the ICJ’s Fact-Finding Approach
The upcoming release of the Palestine Advisory Opinion may raise significant questions about how the International Court of Justice establishes the facts on which an alleged breach of the law is made. -
Judge Cannon Dismisses Trump Classified Documents Case
Cannon reasoned that the appointment and funding of Special Counsel Jack Smith was in violation of the Appointments Clause. -
A Rule for the Ages, or a Rule for Trump?
The majority opinion in Trump v. United States badly misstates principles of separation of powers to immunize hypothetical future presidents—in service of immunity for Trump himself. -
Goodbye to Special Counsel Investigations of Incumbent Presidents
Missing in much commentary about Trump v. United States is what it means for the expansion of immunities for presidents while in office. -
ICC Prosecutor Tapped External Panel to Review Evidence: Is That Even Allowed?
Neither the Rome Statute nor fundamental fairness evidently permitted the ICC prosecutor to instruct an external panel of legal experts he assembled to review evidence he used to support his applications...
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