PULSE POINTS:
❓What Happened: The Harvard Law Review is under federal investigation for racial discrimination and alleged retaliation against a student editor.
👥 Who’s Involved: Harvard Law Review, a student editor, the Department of Justice (DOJ), attorney Jason Torchinsky.
📍 Where & When: Harvard University, ongoing as of 2025.
💬 Key Quote: “If you know someone is a witness in a federal investigation, and you try to intimidate them into stopping cooperation with the government, that in itself is its own offense,” said Jason Torchinsky.
⚠️ Impact: Potentially deepening legal troubles for the Harvard Law Review.
IN FULL:
The Harvard Law Review is facing multiple federal investigations over allegations of racial discrimination and actions that could amount to witness intimidation. Despite being under a federal document retention order as part of a Department of Justice (DOJ) investigation, the law journal allegedly retaliated against a student editor who leaked files to the Washington Free Beaconand demanded that the documents be destroyed.
Notably, the Harvard Law Review faces numerous allegations of discriminatory behavior in its selection of editors and other staff. Internal memos and messages show that the law journal emphasized race and other diversity, equity, and inclusion (DEI) factors in the selection process, leading to discriminatory practices against white applicants. Consequently, the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) launched formal investigations into the publication.
After receiving notice of the investigations, the Harvard Law Review was ordered to retain all documents and other relevant materials. Additionally, the publication was told that student editor Daniel Wasserman was cooperating with the government investigation. However, a week later, Wasserman was ordered by the journal to return or destroy any materials he had shared with media outlets. Notably, Wasserman was the source of leaked files published by the Washington Free Beacon.
Additionally, the journal issued a formal reprimand in Wasserman’s law review file, which likely constitutes illegal retaliation as the student editor was named by the federal government as a cooperating witness. Jason Torchinsky, a former Justice Department official, described such behavior as likely illegal, stating, “If you know someone is a witness in a federal investigation, and you try to intimidate them into stopping cooperation with the government, that in itself is its own offense.”
While technically separate from Harvard University, the Harvard Law Review has a long-standing presence on campus and is considered a significant stepping stone for students with high ambitions in the legal field. A number of U.S. Supreme Court Justices once served as editors during their time at Harvard Law School.
