Department of Justice (DOJ)
401 Articles
The Poverty of the DOJ Indictment of the Southern Poverty Law Center
Weissmann, former head of the DOJ Fraud Section, discusses conspicuous gaps in the indictment.
The Missing Convener: NSC’s Diminished Role and the Future of U.S. Investment Security
Despite a vast investment security system, the lack of a functioning NSC risks undermining agency coordination, rulemaking coherence, predictability, and enforcement.
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.
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.
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.
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.
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.
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.
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.
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.
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…