Prosecution

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Donald Trump steps out from a plane

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.…
Judge's gavel on the American flag

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.
The Attorney General stands in front of a U.S. flag and a sign that read "Department of Justice"

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.
Donald Trump walks behind police officers

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."
Pro-Trump supporters storm the U.S. Capitol following a rally with President Donald Trump on January 6, 2021 in Washington, DC.

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
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…
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