Roger Parloff

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703 Ways Trump’s Mar-a-Lago Conduct Bears No Resemblance to Hillary Clinton’s Emails

“When caught, Hillary [Clinton] then deleted and acid washed … 33,000 emails in defiance of a congressional subpoena already launched,” ex-President Donald Trump lamented on...

A Primer on the Silent Witness Rule and United States v Trump

If you have not yet heard the term “the silent witness rule,” you soon will. It’s almost certain to play a crucial role in United...

Should Nine Oath Keepers Receive Terror-Enhanced Sentences?

This week, a federal judge will begin handing down sentences for nine members of the Oath Keepers paramilitary group for their roles in the Jan....

The Proud Boys Seditious Conspiracy Conundrum

“Oh shit, this is it.”  When rioters toppled the first barricades at the Peace Circle at 12:53 p.m. on Jan. 6, 2021, that’s what government...

The Proud Boys Jurors: Who Are They and Can They Be Fair?

“I have been practicing in this district and in other districts for a long time,” said defense attorney Carmen Hernandez on Jan. 10, at the...

Are Jan. 6 Defendants Getting a Fair Shake from DC Juries? Comparing Jury and Bench Trial Outcomes

On Monday, Jan. 23, after five guilty verdicts rolled in against high-profile defendants in Jan. 6-related federal criminal cases, defense lawyers for two of them...

Proud Boys Trial Diary

Among the more than 940 federal criminal prosecutions arising from the Jan. 6 insurrection to date, the seditious conspiracy trial of five top members of the...

A Crucial Appeal for Capitol Riot Prosecutions: D.C. Circuit to Hear Arguments Challenging the Felony Charge Used in 290 Cases

On Dec. 12, the U.S. Court of Appeals for the District of Columbia Circuit will hear arguments in a case that holds the potential to...

Five Stray Thoughts on the Oath Keepers Verdict

I already offered my account of the strengths and weaknesses of the evidence in the Oath Keepers seditious conspiracy prosecution on Monday morning. For their...

Seditious Kvetching: The Surprisingly Non-Trivial Defense in the Oath Keepers Prosecution

In the early morning hours of Nov. 4, 2020, as the returns from the previous day’s election presaged that future President Joe Biden had unseated...

On Guns, Insurrections, and Magnetometers: A Sidelight From Cassidy Hutchinson’s Testimony

The most shocking testimony that Cassidy Hutchinson gave last week before the House select committee on the Jan. 6 attack—indeed, the most shocking that any...

After the Cawthorn Ruling, Can Trump Be Saved From Section 3 of the 14th Amendment?

Last month, a federal appeals panel gave the back of its hand to Rep. Madison Cawthorn, who was trying to stifle an attempt to block...