Department of Justice (DOJ)

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388 Articles
A U.S. ​flag flies on the side of the U.S. Department of Justice headquarters building on September 15, 2024, in Washington, DC.

The Presidential Records Act is Constitutional

Presidents have complied with the Act without serious objection, and there is essentially no scholarly or other commentary questioning the Act’s constitutionality.
Department of Justice building in Washington, DC, with blurred lines of moving traffic in foreground

Separating Fact from Fiction in FACE Act Enforcement

The Trump administration’s new report claims DOJ’s enforcement of the FACE Act unfairly targeted religious Americans. Each of its claims fail against the enforcement record.
The Washington Monument reflects in the Capitol Reflecting Pool at sunset on a warm evening on June 2, 2025 in Washington, DC.(Photo by Kevin Carter/Getty Images)

The Anti-Corruption Tracker: Mapping the Erosion of Oversight and Accountability

This Anti-Corruption Tracker focuses on the erosion or dismantling of oversight and accountability systems within the United States Executive Branch.
Magnifying glass over computer code (vie Getty Images)

Myths and Facts About Section 702 Backdoor Searches: A Reply to George Croner

A rebuttal to George Croner’s critique of the Brennan Center’s “Myths and Facts” on FISA Section 702 backdoor searches and why RISAA falls short.
Empty witness table with microphones and nameplate sits in a large hearing room in the Congressional Auditorium at the U.S. Capitol Visitors Center.

The Anti-Stonewalling Playbook: How Congress Can Plan Now to Counter Executive Branch Obstruction Next Term

Former Justice Department official provides steps Congress can take to prepare an oversight agenda now for the next congressional term.
A Clark County election worker stacks gray crates marked "SURRENDERED MAIL BALLOTS."

The Unconstitutionality of the Trump Administration’s New Executive Order on Elections

The Trump administration's executive order on mail-in voting is unconstitutional. States and Congress—not the President—have authority to regulate federal elections.

A Response to the Brennan Center’s “Myths and Facts” on Section 702 Backdoor Searches

A warrant mandate is unnecessary, legally mistaken, and damaging to national security as the program faces expiration on April 20, 2026.
The Department of Justice

A Year Later – What Did the Pause on FCPA Enforcement Do?

A year after pausing FCPA enforcement, the U.S. has trimmed cases, cut prosecutors, and reversed key sanctions, signaling a retreat from anti-corruption.
The Department of Justice

How a Broadly Defined Counterterrorism Statute Could Be Abused

18 U.S.C. § 2339A doesn’t require proof of group membership or terrorist intent, and the policy framework around it outweighs any single verdict.
Screenshot of Memorandum for Legal Advisor, National Security Council Re: Proposed War Department Operation to Support Law Enforcement Efforts in Venezuela, published December 23, 2025.

The Trump Administration’s Theory of Constitutional War Powers: “The President Could Decide”

The legal memo justifying its Venezuela operations provides insight into the administration's use-of-force decisions and the factual evidence undergirding them.
Headquarters of the New York Police Department, Manhattan New York, February 22, 2026 (photo by Melissa Bender)

FBI’s “Stand Down” Directive to NYPD on Jeffrey Epstein Investigations, and More

The most comprehensive timeline to date of the publicly available record on New York law enforcement authorities’ action and inaction with regard to Epstein, Ghislaine Maxwell…
House Oversight and Government Reform Committee ranking member Rep. Robert Garcia (center top row) (D-CA) speaks during a hearing with committee Chairman Rep. James Comer (top right) (R-KY) at the U.S. Capitol January 21, 2026 in Washington, DC. (Photo by Win McNamee/Getty Images)

How Congress Can Give Epstein Survivors the Investigation They Deserve, Starting with Compelling Maxwell to Testify

Congress should use its authority to investigate fully, by compelling Maxwell to testify without granting her any pardon for her serious crimes.
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