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Trump walks with US Attorney General William Barr (L), US Secretary of Defense Mark T. Esper (C), Chairman of the Joint Chiefs of Staff Mark A. Milley (R), and others from the White House to St. John's Church where tear gas was used to clear the crowd on June 1, 2020 in Washington DC. Only one person in the background has a face mask. No one is social distanced.

The Untold Power of Bill Barr to Direct US Military Forces in Case of “Civil Unrest”

Whether deployed against protests for racial justice or deployed to interfere with free and fair elections in November, the US military operations would be led by Bill Barr, not…
Michael Flynn, Russian Ambassador Sergey Kislyak, and Solicitor General Noel Francisco

Four Remarkable Arguments in DOJ’s Latest Brief in the Michael Flynn Case [UPDATED with links to reply/response briefs]

A couple of weeks ago, I published a very long, comprehensive post in which I tried to explain all the ins and outs of the Michael Flynn case, from 2016 to the present day.  Since…
A large number of police in riot gear including batons block protestors demonstrating against police brutality and the murder of George Floyd. Many protestors carry colorful umbrellas due to the bad weather. The umbrellas mostly obstruct the view of the front line of protestors but some police can be seen pushing protestors on the side.

What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?

Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
Police advance on demonstrators who are protesting the killing of George Floyd on May 30, 2020 in Minneapolis, Minnesota. They are dressed in riot gear and carry very large batons. A large cloud of tear gas can be seen behind the police.

New Complicity Charges Filed in the Killing of George Floyd

UPDATED As millions of people take to the streets demanding racial justice, accountability for police violence, and the demilitarization of the police, the case against the ex-police…
A Black Lives Matter protest on June 4, 2020 in New York City. Demonstrators hold signs, one is a large picture of George Floyd, who was killed by police on May 25th. Other signs read, “Black Lives Matter,” “Color is not a crime,” “Brionna Taylor Say Her Name,” White Silence Equals Violence,” and “Stop Police Brutality.” Demonstrators wear face masks due to the coronavirus.

The United States’ Racial Justice Problem Is Also an International Human Rights Law Problem

An essay by United Nations Special Rapporteur on Contemporary Forms of Racism, Professor E. Tendayi Achiume.
Police officers wearing riot gear shoot tear gas at demonstrators at St. John's Episcopal Church outside of the White House, June 1, 2020 in Washington D.C.

If We Could See Ourselves from the Outside

Can a change of perspective dislodge the assumed inevitability of an enduring democracy?
Police in riot gear but without face masks form a line blocking protesters who wear face masks in Washington, D.C. on June 3, 2020..

The U.S. Constitution and Limits on Detention and Use of Force in Handling Civil Unrest

Under what circumstances may the government use lethal and non- or lesser-lethal force in the face of unlawful protests, riots, and looting?
Donald Trump, William Barr, Mark Meadows, and Kayleigh McEnnany outside of St John's Episcopal church across Lafayette Park in Washington, DC on June 1, 2020.

Trump’s Moves Are Right Out of the Authoritarian Playbook

Trump's recent actions may be of a man fearful of looking weak to the world, but they are also redolent of how authoritarian regimes in countries the world over have responded…
Red and blue Lights of police car in night time.

White Supremacist Infiltration of US Police Forces: Fact-Checking National Security Advisor O’Brien

What the available research says about systemic discrimination in law enforcement as well as links to racist and white supremacist ideology.
A demonstrator confronts police as he protests the death of George Floyd, in Los Angeles, California on May 29, 2020.

Don’t Let Trump Say the “American Carnage” of 2020 is What He Claimed in 2016. It’s Not.

The violence we’re seeing right now is not the so-called “American carnage” President Trump described in 2016 as he simultaneously claimed only he could lead the country…
Protests

Far-Right Infiltrators and Agitators in George Floyd Protests: Indicators of White Supremacists

Evidence points to specific White Supremacist and far-right groups having infiltrated George Floyd protests, writes scholar of violent extremism, Georgia State University professor…
Michael Flynn leaves the E. Barrett Prettyman U.S. Courthouse on June 24, 2019 in Washington, DC.

An Inquiry into DOJ’s Decision to Drop the Flynn Case Can’t Be Left to Judge Sullivan Alone

More than just wrong, interim U.S. Attorney Timothy Shea's filing of the motion also may have violated legal and DOJ ethics rules.
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