'[T]he Second Circuit must consider to what extent existing criminal law provides the federal government with tools to counter certain forms of election lies, and how those tools can be squared with the protections of the First Amendment.'
Quinta Jurecic on U.S. v Mackey…

The first 4 episodes of The Aftermath Season 2 are out now!
This season looks at what has been done to seek accountability for the major plots the Jan. 6 committee identified as critical to the efforts to overturn the 2020 election. Get caught up wherever you get your podcasts!

ICYMI: Watch Benjamin Wittes, Roger Parloff, Quinta Jurecic, and Anna Bower discuss Judge Cannon's order denying Jack Smith's request for a pretrial ruling on jury instructions, the preliminary ruling in Jeffrey Clark's bar discipline, and more. youtube.com/live/lkubpO8qd…

The attempt to subvert the 2020 election included several lawyers, many of whom are facing bar disciplinary cases. Quinta Jurecic explains the disbarment recommendation for John Eastman and the broader accountability efforts aimed at lawyers involved in Jan 6. lawfaremedia.org/article/readin…

Some thoughts on the passion of John Eastman, for Lawfare lawfaremedia.org/article/readin…

For a shorter explanation of why the Presidential Records Act doesn't apply in Trump's classified docs case—including two pithy paragraphs from the very conservative Andy McCarthy—see my Lawfare piece from last June:
lawfaremedia.org/article/the-pr…

In Jack Smith’s blistering filing yesterday on Judge Cannon’s aberrant proposed jury instructions, Jack tells her she “must” rule “promptly” so he can weigh appellate options. Here’s my Lawfare inquiry from last week into those options ...
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It’s a good morning to read Roger Parloff’s piece on how Jack Smith could challenge erroneous jury instructions in the classified documents case: lawfaremedia.org/article/could-…

Last night, Judge Merchan amended the gag order against former President Trump to include family members of the court and of DA Alvin Bragg.

Read Quinta Jurecic on how the threat of violence is shaping the cases against the former president from last fall. lawfaremedia.org/article/with-t…

... This thread has been powered by Lawfare 🙂 Please consider helping with our Trump Trials & Tribulations coverage, including efforts by Ben Wittes Anna Bower Tyler McBrien Quinta Jurecic Katherine Pompilio et al., with a 1-time donation. givebutter.com/c/trumptrials
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ICYMI: Watch Benjamin Wittes, Roger Parloff, Quinta Jurecic, Anna Bower, and Tyler McBrien discuss the Monday hearing in New York where Judge Merchan ordered a new trial date of April 15, bar discipline proceedings against John Eastman and Jeffrey Clark, and more. lawfaremedia.org/article/lawfar…

The “A Terrorism Briefing from a Goldendoodle” Edition!

This week, Alan Rozenshtein and Quinta Jurecic were joined again by Tyler McBrien and Daniel Byman to talk over the week’s national security news, including: lawfaremedia.org/article/ration…

'There’s political benefit in promoting falsehoods, and political, legal, and even physical danger for those who oppose them,' Quinta Jurecic writes: theatlantic.com/ideas/archive/…

Child safety internet legislation became trendy because it turns out that Section 230 reform is hard. Unfortunately, child safety legislation is also hard. lawfaremedia.org/article/the-ki…

'This new approach also allows policymakers to set aside the seemingly impossible task of untangling all the complexities of Section 230.

But as KOSA shows, those complexities are hard to get away from.'
Quinta Jurecic on the Kids Online Safety Act. lawfaremedia.org/article/the-ki…

'The market for lies still has no shortage of buyers and sellers, and few, if any, levers exist that can directly change this dynamic.' -- Quinta Jurecic:
theatlantic.com/ideas/archive/…

In 2021, a group of healthcare workers came together with a plan to fight covid disinformation. Then it all fell apart. theatlantic.com/ideas/archive/…

'There’s political benefit in promoting falsehoods, and political, legal, and even physical danger for those who oppose them,' Quinta Jurecic writes: theatlantic.com/ideas/archive/…

In a thrilling sequel to my Lawfare piece 'A Date Certain,' I present 'A Trial Date Certain-ish'—from me and Katherine Pompilio—a full dispatch of today's hearing, which set the date for Trump's NY trial (no, seriously, this time for real now guys trust me) lawfaremedia.org/article/a-tria…

Merchan rules from the bench: DA is not at fault for the late production of materials, Trump suffered no prejudice, DA made good faith efforts in discovery process, and that jury selection will commence on April 15.

He concludes, “See you all on the 15th.”