Democracy & Rule of Law

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Don’t Be Fooled: There Was Election Interference in 2018

It’s misguided to suggest this campaign season and ultimately this election were free from election interference.

Countering Russian Election Hacks

Explainer on the legal triggers, limits, and powers of Pentagon's new authority to prepare and conduct cyber response if Russia hacks into midterms votes.

Why the First Amendment Does Not Protect Trump Campaign Collusion with Wikileaks and Russia

Despite the president’s signature hostility toward the press, the Trump campaign is strenuously trying to wrap itself and Wikileaks in the protective garb of the First Amendment…

Election Security is an Immediate National Security Concern

Democracy isn’t in the casting of the votes -- it’s in the counting. Georgia State Rep. Scott Holcomb says we need to ensure that our system is secure and every ballot is counted…

Explainer: Object Lessons in Mismanagement at the Donald J. Trump Foundation

Amid the many legal problems swirling around President Trump, New York state authorities have launched significant investigations of the Donald J. Trump Foundation. The Attorney…

Psy-Ops, Meet Cyber-Ops: U.S. Takes on Russian Trolls

A Russian troll sits down at his desktop and logs into one of the social media accounts he uses to impersonate and radicalize Americans. Suddenly, a direct message appears: “Hello,…

The Constitutional Challenge to Robert Mueller’s Appointment (Part II): Is Mueller Even an Officer Subject to the Appointments Clause?

[With minor oral argument update; Nov. 8] As I explained in my introductory post, in the case challenging the legality of Robert Mueller’s appointment, Miller v. United States,…

New Method, Same Strategy: Russia Has Long Exploited U.S. Racial Divisions

While the use of social media is new, Russia has a long history of highlighting the conflict between American ideals of equality and the reality of racial injustice in this country.…

What Facts Would Deny the Trump Campaign First Amendment Protections in Colluding with Russia

The leading First Amendment and media law expert Floyd Abrams discusses Russia collusion case.

Contempt Prosecutions Require Comity Between Branches of Government, Now Add Trump

The campaign season for the midterm elections is in full swing, with the Republican majorities in the House and, to a lesser extent, Senate in some peril. Should we have a divided…

What Might Force Mueller’s Hand Before the Midterms? Exceptions to the DOJ 60-Day “Rule”

How much does this standard tie Mueller’s hands, and is there anything that might argue in favor of a pre-election surprise? Could, for example, efforts by Trump affiliates to…

The Politics of Trump’s Mismatched Response to Election Interference

With just over a month until the midterm elections, President Donald Trump took to the UN Security Council to call out an adversary in the room for interfering in our elections.…
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