Executive Power
Trump Loses Big on Executive Privilege
Elizabeth McElvein, Benjamin Wittes Thu, Jan 20, 2022, 3:04 PM
The former president is in a dramatically weaker position than he was before the latest D.C. Circuit opinion.
Latest in Jan. 6: Civil Litigation
Jan. 6: Civil Litigation
After Oral Argument, the Future of Thompson v. Trump Remains Unclear
Elena Kagan, Alan Z. Rozenshtein Wed, Jan 12, 2022, 3:56 PM
Despite hours of oral argument, the district court did not signal whether attempts to hold former President Trump and others civilly liable for encouraging the Jan. 6 attack on the Capitol will succeed.
Podcasts
The Lawfare Podcast: Benjamin Wittes and Alan Rozenshtein on Trump v. Thompson, Presidential Immunity and the First Amendment
Jen Patja Howell Wed, Jan 12, 2022, 5:01 AM
On Monday, January 10, a federal district court in DC heard oral argument in Trump v. Thompson. The case considers civil claims against Donald Trump and others for their roles in the Jan. 6 Capitol insurrection. It raises a number of complicated legal issues, including whether Trump is immune from these kinds of claims, whether it's possible to establish a conspiracy among the perpetrators of the attack and how the First Amendment factors into all of this.
The January 6 Project
Livestream: D.C. Circuit Hears Donald Trump v. Bennie Thompson
Emily Dai Tue, Nov 30, 2021, 9:16 AM
At 9:30 a.m. on Nov. 30, the United States Court of Appeals for the District of Columbia Circuit will hear arguments to evaluate whether former President Trump can block the release of documents related to the Jan. 6 attack on the Capitol.
The January 6 Project
An Update on the Prospects for a Contempt Prosecution of Steve Bannon
Jonathan Shaub Tue, Oct 19, 2021, 1:17 PM
After my post went live on Oct. 18, two significant developments occurred in the prospects of a contempt prosecution of Steve Bannon.
The January 6 Project
The Jan. 6 Investigation Is Ramping Up. Will It Matter?
Quinta Jurecic, Molly E. Reynolds Fri, Oct 8, 2021, 10:38 AM
The House select committee on the Jan. 6 attack has set out to uncover an enormous amount of information with significant obstacles to overcome in the process. With so much to cover in such little time, one committee investigation won't be enough to answer all the unresolved questions.
The January 6 Project
Why Trump Cannot Hide Behind Presidential Immunity for Inciting an Insurrection
Dayna Zolle Mon, Aug 2, 2021, 12:22 PM
Supreme Court precedent compels the conclusion that Trump cannot escape liability for his actions, including encouraging, for his personal gain, the violent disruption of a constitutionally mandated session of Congress.
Lawfare Live
Lawfare Live: What’s Going on With Jan. 6 Congressional Investigations and Civil Litigation?
Christiana Wayne Wed, Jul 28, 2021, 11:37 AM
Join us for a discussion on the civil litigation and congressional investigation developments related to the Jan. 6 attack on the Capitol.
The January 6 Project
Presidential Immunity, the First Amendment and the Capitol Riot
Bryce Klehm, Alan Z. Rozenshtein Thu, Jun 3, 2021, 3:01 PM
In their motions to dismiss Rep. Bennie Thompson’s suit, Trump, Giulani and the Oath Keepers defend their conduct on Jan. 6.
The January 6 Project
Suing Trump Over the Capitol Riot: A Preliminary Assessment
Scott R. Anderson, Joshua Braver, Alan Z. Rozenshtein Fri, Feb 26, 2021, 11:47 AM
Under a Reconstruction-era statute, a new lawsuit aims to hold former President Donald Trump and others responsible for the events of Jan. 6. But can it succeed?