Prosecution

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Prosecuting the Fake Electors: Wisconsin Case Study and Template for Other States

The missing state and local criminal investigations of 2020’s "false slates of electors." A model for potential criminal prosecutions under Wisconsin state law.

The Just Security Podcast: United States v. Trump – A Model Prosecution Memo for Mar-a-Lago

To discuss the Just Security Model Prosecution Memo we have Andrew Weissmann, Joyce Vance, and Ryan Goodman, who were among the memo’s authors
American flag behind barbed wire

The Last, Best Chance for Accountability at Guantanamo? A Negotiated Plea for the 9/11 Defendants

The U.S. should finally resolve the single most important 9/11 case with a plea deal that provides finality for victims' families.
An image of former President Donald Trump speaking on the phone is displayed during the third hearing of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol in the Cannon House Office Building on June 16, 2022 in Washington, DC.

Failing to Prosecute Trump Reflects – and Feeds – US Rule of Law Erosion

Prosecution of subordinates but not Trump, writes a former federal prosecutor, "threatens the idea of an impartial legal system."
WASHINGTON, DC - JANUARY 19: U.S. President Joe Biden talks to reporters during a news conference in the East Room of the White House on January 19, 2022 in Washington, DC. With his approval rating hovering around 42 percent, Biden is approaching the end of his first year in the Oval Office with inflation soaring, COVID-19 raging and his legislative agenda stalled on Capitol Hill.

Should We Worry that the President Called Putin a “War Criminal” Out Loud?

As clear as it is that information has become a central weapon in this war, and as much harm as some kinds of information can do, this statement may for be less worrisome than…
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It

We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…
Attorney General William Barr (C) speaks during a press conference on the shooting at the Pensacola naval base January 13, 2020 in Washington, DC.

Criminalizing Foreign Relations: How the Biden Administration Can Prevent a Global Arrest Game

The U.S. President is undoubtedly the chief U.S. diplomat, but is he or she also the chief prosecutor? Donald Trump clearly thinks so, stating once his grave misunderstanding that…
Trump and Barr

Politically Motivated Prosecutions Part II: Refuse, Report, Resign

In Part II of this series, Kristy Parker and Erica Newland explain how DOJ's career prosecutors should respond when they become aware of, or are asked to participate in, politically…
Trump and Barr speak without face masks East Room of the White House on July 22, 2020.

Politically-Motivated Prosecutions Part I: Legal Obligations and Ethical Duties of Prosecutors

AG Barr is poised to weaponize criminal prosecutions. In part one of a two-part series, former DOJ attorneys Kristy Parker and Erica Newland explain how politically motivated prosecutions…
A sign reads, “Wanted by the FBI Chinese PLA Members, 54th Research Institute” and shows four members of China's military indicted on charges of hacking into Equifax Inc. and stealing data from Americans. The sign is seated next to a podium shortly after Attorney General William Barr held a press conference at the Department of Justice on February 10, 2020 in Washington, DC. The sign has additional text that is too small to read.

Disrupt, Don’t Indict: Why the United States Should Stop Indicting Foreign State Actor Hackers

The U.S. Department of Justice announced the indictment of Nicolás Maduro, who the United States ceased to recognize as Venezuela’s president in early 2019, for narco-terrorism…
Demonstrators holds up placards and banners while demonstrating, asking for Yahya Jammeh, the former President of the Gambia, to be brought to justice, in Banjul on January 25, 2020. One of the signs says, "No Place for Enforced Disappearance in Gambia."

Senators Call for Prosecution of Gambian Paramilitary Fighter in US Custody

Rare opportunity to criminally prosecute a person implicated in extremely grave human rights abuses in a U.S. court.

Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack

We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday.  The…
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