Jacob Schulz, Lawfare

Jacob Schulz


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Past articles by Jacob:

What to Expect at the French Trial for the 2015 Paris Attacks

The trial is a huge event worth paying attention to. → Read More

Twitter is the (Very Short Term) Winner of the Trump Oversight Board Saga

Twitter’s ban of Trump marked the defining moment of the Great Deplatforming. But all the attention surrounding the FOB decision has precipitated a dramatic reversal of fortune. → Read More

Pattern-or-Practice Investigations and Police Reform

Attorney General Merrick Garland has announced pattern-or-practice investigations into police in both Minneapolis and Louisville after the deaths of George Floyd and Breonna Taylor. What are these investigations, and what can they do? → Read More

PCLOB Releases Public Report on Executive Order 12333

The Privacy and Civil Liberties Oversight Board (PCLOB) released a public report about Executive Order 12333, an executive order that establishes the general framework for intelligence activities and for the organization of the various components that constitute the U.S. Intelligence Community. The 26-page report marks the culmination of six years of PCLOB research about how → Read More

“Tough on Crime” Former President Gets Convicted—In France

Nicolas Sarkozy gets convicted of corruption and influence peddling. What did he actually get charged for? What’s the significance of the news? → Read More

“Tough on Crime” Former President Gets Convicted—In France

Nicolas Sarkozy gets convicted of corruption and influence peddling. What did he actually get charged for? What’s the significance of the news? → Read More

The Last Time the Justice Department Prosecuted a Seditious Conspiracy Case

It's time to take another look at the 2012 trial of the Hutaree militia. → Read More

A Plan to Restructure (and Revive) Pardoning After Trump

The president should reaffirm the historically close relationship between the pardon power and the justice system, restructured so that each may once again usefully inform the other’s operation. → Read More

What Do the Facebook Oversight Board’s First Decisions Actually Say?

The grand experiment yields its first set of decisions. What's in them? → Read More

When Extremists Stormed the Capitol and Got Convicted of Seditious Conspiracy

In 1954, four Puerto Rican nationalist terrorists stormed the Capitol and shot five congressmen. The incident also produced some interesting Second Circuit case law. → Read More

IGReport Details Justice Department's Push to Separate Immigrant Families

The Office of the Inspector General for the Justice Department released a report detailing a number of failures surrounding the Justice Department's 2018 "Zero Tolerance" immigration policy. That policy was unveiled by then-Attorney General Jeff Sessions in a May 7, 2018 speech where he announced, "If you cross this border unlawfully, then we will prosecute you. It’s that simple. → Read More

NSA Releases Appendix to Rules Governing SIGINT Collection

The National Security Agency (NSA) released on Jan. 13 a document pertaining to the rules governing signals intelligence (SIGINT) collection. The document, referred to as the SIGINT Annex, is an appendix to the manual of rules that governs intelligence collection by the Department of Defense. The document discusses the constraints governing SIGINT collection by the NSA that is → Read More

What to Make of the Facebook Oversight Board’s Inaugural Docket

It’s useful to take a close look at what cases the board has agreed to take on so far, and to try to tease out what it might be trying to accomplish. → Read More

Twitter Puts an End to Trump’s Rhetorical Presidency

The excitement and alarm that greeted President Trump’s ban from Twitter underscores a fundamental truth about his presidency: the power of presidential speech was the only power of the office that ever meant anything to Trump. → Read More

Here’s How the Capitol Mob Violated Federal Criminal Law

By storming the Capitol and disrupting the electoral-count certification, yesterday’s mob likely violated many federal criminal laws, including against seditious conspiracy. → Read More

Substack’s Curious Views on Content Moderation

The popular email newsletter platform released a blog post about their content moderation philosophy. It's an interesting but flawed document. → Read More

Come Work With Us—As Our New Research Assistant

The Lawfare Institute—publisher of information and insight at the intersection of national security, law and policy—seeks a highly organized, research-experienced university or graduate-program graduate for a full-time research assistant position. Work will be performed virtually for the duration of COVID-19 restrictions and, after that time, in Washington, D.C. near Dupont → Read More

Nicolas Sarkozy’s No Good, Very Bad Campaign Finance Scheme

Nicolas Sarkozy faces a new charge in connection with alleged campaign contributions from the Gadhafi’s. → Read More

Justice Department Charges Two Islamic State Members for Executing Americans

The Justice Department charged two men—Alexanda Amon Kotey and El Shafee Elsheikh—with eight counts in connection to a series of hostage takings and executions in Syria. The U.S. Attorney for the Eastern District of Virginia charged the former British nationals with conspiracy to commit hostage taking resulting in death, hostage taking resulting in death, conspiracy to murder → Read More

ODNI Releases FISC Opinion on New Surveillance Technique

The Office of the Director of National Intelligence, in conjunction with the Justice Department, released a March 5 opinion from the Foreign Intelligence Surveillance Court. The opinion pertains to a proposed novel electronic surveillance technique and its compliance with Title I of the Foreign Intelligence Surveillance Act. The opinion can be found here and below. FISC Opin → Read More