Latest in Executive Branch
Published by The Lawfare Institute in Cooperation With 
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The Supreme Court’s Counterman Decision, Explained
The Court ruled that a party must prove the defendant at least acted recklessly when he or she conveyed the threat to another. -
What Counterman Means for Prosecuting Trump Over Jan. 6
Though still a possibility, it just got meaningfully less likely. -
The Aftermath, Episode 6: Going Dark
In the final episode of Season 1, we examine the hidden activity of the Jan. 6 Committee during the year between its first hearing and its second. -
703 Ways Trump’s Mar-a-Lago Conduct Bears No Resemblance to Hillary Clinton’s Emails
Insisting on similarity is a kind of lie to make Clinton’s conduct look worse than it was, to make Trump’s look more benign than it was, or both at the same time. -
Counterterrorism Jenga
The shift to "over-the-horizon" operations has removed important building blocks in U.S. counterterrorism strategy. -
Can Biden Sidestep Congress on an Iran Nuclear Deal?
The Biden administration has a plausible but not clinching argument for avoiding the Iran Nuclear Agreement Review Act if the agreement is unwritten. -
The Lawfare Podcast: Stephanie Pell and Brian Kalt on How the Trump Indictment Will Affect the Trump Campaign and the Potential Trump Presidency
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Upcoming Supreme Court Case Threatens Congressional Subpoena Power
Carnahan v. Maloney involves an obscure statute but could have broad implications for Congress's oversight efforts. -
There Is No Norm Against Prosecuting Former Presidents
And there never was. -
The Aftermath, Season 1: Binge the Whole Thing
Season 1 is now complete. -
Debunking Trump’s Witch Hunt Theory
How do the many cases against Donald Trump, past, present, and likely to come, interact with or depart from one another? -
The Lawfare Podcast: Catching up with Jack Smith's Mar-A-Lago Investigation
What exactly did Trump say on the tape? Did he violate the Espionage Act? How does this change Special Counsel Jack Smith’s investigations? And what does all of this mean for Trump’s reelection campaign?
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