January 6th Attack on US Capitol

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Statues in front of the US capitol building. Behind the statues, flags at the US Capitol fly at half-mast to honor US Capitol Police Officer Brian Sicknick, on January 8, 2021, in Washington, DC. Sicknick died from injuries sustained during the attempted coup on January 6th.

Q&A with Steve Vladeck and Rolf Mowatt Larssen on Democracy, Insurrection, and Where We Go From Here

In the aftermath of the certification of Biden’s victory and the insurrection at the Capitol, a discussion about how institutions and norms withstood the assault and what weaknesses…
US Capitol police officers speak with supporters of US President Donald Trump inside the Capitol on January 6, 2021, in Washington, DC.

The Attack on the Capitol: Why It’s Not a Surprise

The Trump-inspired mob who launched an unprecedented siege of the Capitol is a permanent stain on American democracy. What’s worse, it was not unexpected.
Members of the National Guard, holding shields, form a line during the night of January 6. Behind them is the Capitol building.

Why D.C.’s Mayor Should Have Authority Over the D.C. National Guard

Congress should give the mayor of D.C. control over the D.C. National Guard, absent federalization, to prevent the president both from misusing the DCNG as his own personal army…
A newspaper illustration of the vote on the Impeachment of President Johnson in 1868.

The Constitution’s Option for Impeachment After a President Leaves Office

Top impeachment law scholar discusses the options for the 117th Congress.

The Incapacitation of a President and the Twenty-Fifth Amendment: A Reader’s Guide

An authoritative analysis of the Twenty-Fifth Amendment on the incapacitation of a president, and how it was intended to function.

Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition

In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Police shoot tear gas at demonstrators protesting police brutality and the murder of George Floyd. Protestors run in a panic to escape the tear gas outside St. John's Episcopal Church outside the White House. The police wear full riot gear including helmets, face shields, body shields, batons and masks. June 1, 2020 Washington DC

Revitalizing US Democracy Starts with Repairing the Right to Peaceful Assembly

Five actions the Biden administration can take to better protect the right to peaceful assembly.
Federal officers released tear gas in front of the Mark O. Hatfield U.S. Courthouse on July 20, 2020 in Portland, Oregon.

Preventing a Military Decision About Who Won a Disputed Election

"The Pentagon’s senior officials should emphasize that the military must never receive a self-interested order about who has won an election."
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

Good Governance Paper No. 6 (Part Two): Domestic Military Operations — The Role of the National Guard, Posse Comitatus Act and More

Sixth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

Good Governance Paper No. 6 (Part One): Domestic Military Operations — Reforming the Insurrection Act

Sixth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and the rule of law.
Federal officers in full camo gear with gas masks and guns prepare to disperse the crowd of protestors outside the Multnomah County Justice Center on July 17, 2020 in Portland, Oregon.

Trump Can’t Lawfully Use Armed Forces to Sway the Election: Understanding the Legal Boundaries

A deep dive analysis of the constitutional and statutory limits on use of any armed force in connection with the 2020 election, civil unrest, and protests.
Federal officers in full camo gear with gas masks and guns prepare to disperse the crowd of protestors outside the Multnomah County Justice Center on July 17, 2020 in Portland, Oregon.

The President’s Private Army

How did we get here? Goitein discusses legal and political obstacles that faced President Trump's resort to other federal forces, why DHS is now his weapon of choice, what it may…
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