Prosecution
41 Articles

The Trump Indictment: What Top Intelligence Experts Are Saying
On June 13, former President Donald Trump pleaded not guilty in response to an historic federal indictment concerning the mishandling of highly classified U.S. intelligence information.…

How Much Prison Time Does Former President Trump Face? Applying the U.S. Sentencing Guidelines
Calculating a potential prison sentence, with some caveats, in the case of former President Donald Trump's indictment.

I’ve Prosecuted National Security Cases. It Can Take Time to Get Them Right.
Prosecutors in counterintelligence cases are maximizing their chances of success while protecting defendants’ rights and national security.

In Trump Case, Procedures Exist to Safeguard the Former President’s Right to an Impartial Jury
"[E]nsuring that Trump receives a fair trial while maintaining his Sixth Amendment rights is a necessary step on the path toward accountability."

Do State Laws Block Insurrectionists from Office?
The next two years are likely to see a test of what may turn out to be the most legally consequential recommendation—other than the suggestion of criminal charges—made by the…

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

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.

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."

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…

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…

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…