Special Counsel

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177 Articles

National Security Implications of Trump’s Superseding Indictment: A Damage Assessment 2.0

The alleged attempt to delete surveillance camera footage at Mar-a-Lago poses its own significant concerns for U.S. national security.
Side shot of Special Counsel Jack Smith

An Overlooked January 6 Charge: The “Stop the Count” Scheme

Section 241 can form the basis for charging Trump and conspirators in connection with their effort to "stop the count" in 2020 presidential election.

Trump Classified Docs Clearinghouse: All Key Documents in the Special Counsel Prosecution

A comprehensive public resource of all publicly available government documents, court filings, judicial opinions in Mar-a-Lago Special Counsel prosecution.

Unpacking the “Surprise” Crime in DOJ’s Target Letter to Trump

What does that law say? How has DOJ used it in past? What alleged Trump conduct meets the elements of the crime?
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The Just Security Podcast: Insiders’ Views of Espionage Act Trials

Joining the show to share their insights, experience, and views on Trump’s Espionage Act charges are David Aaron, Andrew Weissmann, and Jim Wyda. David and Jim have previously…
The large gray Department of Justice building with a clear blue sky in the background. The drooped flag outside the building indicates a windless time of day. Photo credit: Coolcaesar from Wikimedia Commons

Trump on Trial: A Model Prosecution Memo for Federal Election Interference Crimes

A bipartisan team of former federal prosecutors, defense counsel, and other legal experts drafted a "model prosecution memo" for the potential case of United States vs. Donald…
Top secret document file folder

The Quick Guide to CIPA (Classified Information Procedures Act)

The fundamentals of the Classified Information Procedures Act – and how it will play a critical role in former President Donald Trump's prosecution.
In this photo illustration, pages are viewed from the unsealed federal indictment of former U.S. President Donald Trump on June 9, 2023 in Washington, DC.

Prosecuting a President – Under What Conditions Is It Warranted?

"Democracies that resort readily to the criminal law against political rivals risk finding themselves at some stage categorized as ex-democracies."
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.
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The Just Security Podcast: An Insider View of Trump’s Second Indictment

Espionage Act cases often require a balancing of the need to protect sensitive intelligence information and a defendant’s due process rights.
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Pending Supreme Court Case Complicates Special Counsel Smith’s Choices

Much has been written in the last 24 hours about where charges against former President Donald Trump would be brought with respect to his handling of government documents and obstructing…
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