Domestic Extremism

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Expert Explainer: On Verizon’s Deadline for Turning Over Meadows’ Records to Congress

Former General Counsel of Verizon discusses why Meadows' lawsuit will stop the clock on Verizon turning over data to Congress--even though Meadows' lawyer failed to name company…
MIAMI, FLORIDA - JUNE 07: Florida Gov. Ron DeSantis arrives for a bill signing ceremony at the Florida National Guard Robert A. Ballard Armory on June 07, 2021 in Miami, Florida. The governor signed the bills to combat foreign influence and corporate espionage in Florida from governments like China. (Photo by Joe Raedle/Getty Images)

Reestablishing Florida’s State Guard Won’t Give DeSantis a Private Army Free of Federal Control

While Florida Gov. DeSantis' proposal is worrisome as a political matter, it is unlikely to pose the kind of threat his critics fear.

The Absence of “The Donald”

The curious omission of a notorious social media site in the FBI's criminal case files on January 6th.
Mo Brooks talks at a podium with the sign “Save America” and gestures into the air. American flags stand on either side of him.

Timeline: Rep. Mo Brooks, January 6, and the Effort to Overturn an Election

A comprehensive timeline of Rep. Mo Brooks’ reported actions and public statements in trying to overturn the American election.
Trump boards Marine One as he departs the White House on January 20, 2021 in Washington, DC. A person in military uniform salutes him as he passes.

No, Former Presidents Cannot Assert Executive Privilege. At Least Not Meaningfully.

"Former President Trump’s authority, if any, would be at the 'lowest conceivable ebb' by asserting a claim that is incompatible with Congress’s explicit act plus incompatible…
US Attorney General Merrick Garland, Deputy Attorney General Lisa O. Monaco and Associate Attorney General Vanita Gupta arrive for a press conference on Civil Enforcement Action at the Department of Justice in Washington, DC on September 9, 2021.

Reopen the Obstruction of Justice Case Against Trump

A key item in Attorney General Merrick Garland’s inbox is gathering dust: Volume 2 of the report by Special Counsel Robert Mueller, whose team investigated possible obstruction…
Insurgents inside the Capitol building during the January 6 attack. One holds a phone in front of his face, and a poster is erected over a statue. The poster reads, “America First Never give up never surrender!!!”

How Facebook is Misleading the Public About Its Role in January 6

Closely tracking Facebook executives’ public statements -- and comparing them to what we now know (and what Facebook truly knows) about its role in the lead up to the attack…
The outside relief at the National Archives in Washington DC.

Modern History of Disclosure of Presidential Records: On the Boundaries of “Executive Privilege”

A detailed account of instances of past administrations' disclosing presidential records, including those of former presidents, to Congress.
Rep. Pete Aguilar (D-CA), Rep. Stephanie Murphy (D-FL) Rep. Adam Schiff (D-CA), and Rep. Zoe Lofgren (D-CA) listen during the Select Committee investigation of the January 6, 2021, attack on the US Capitol, during their first hearing on Capitol Hill in Washington, DC, on July 27, 2021.

Congress’ Access to Individuals’ Private Communications: The Jan. 6 Committee’s Troubling Precedent

How and why federal law — Stored Communications Act — and Constitution may block January 6 Committee’s ability to subpoena telecommunications content.
Rep. Adam Kinzinger (R-IL), and Rep. Jamie Raskin (D-MD) listen to testimony from DC Metropolitan Police Department Officer Michael Fanone before the House Select Committee investigating the January 6 attack on US Capitol on July 27, 2021 at the U.S. Capitol in Washington, DC.

In the Wake of the January 6 Attacks, Will Congress and the Administration Heed the Lessons of 9/11?

The need to respond forcefully to the insurrection should not be conflated with the need for new legal authorities.
Side by side photographs of law enforcement in full riot gear with helmets, shields, bullet proof vests, and camouflage clothing marching near Lafayette Park on June 1, 2020 and considerably less law enforcement in less imposing gear and without shields at the U.S. Capitol on January 6, 2021. The second photograph also shows white supremacists carrying flags and greatly outnumbering law enforcement. Law enforcement in the first photograph tear gassed protestors (not shown) who were protesting the murder of George Floyd and larger racial injustices. Law enforcement in the second photograph used minimal force against violent Trump supporters as they stormed the U.S. Capitol.

The National Guard at Lafayette Square and the January 6th Attempted Insurrection: Fixes for the FY2022 NDAA

Congress should close the loopholes that allow the federal government to circumvent the Posse Comitatus Act.
Trump leaves the Manhattan Supreme Court where he serves on jury duty on August 17, 2015 in New York City. Reporters gather around him with cameras and microphones.

Why a Trump Lawsuit to “Protect” Executive Privilege Could Backfire

Trump may unintentionally invite the DC court and Justice Dept to consider whether the crime-fraud exception applies to his activities relating to Jan. 6.
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