The Open Markets Act’s Troubling New Provision
The CFIUS Review That Will Never Be
The Cyberespionage Gig Economy
Speech, Coercion, and the Myth of the Censorship Regime
Venezuelan Boat Attacks: Utterly Unprecedented and Patently Predictable
Highlights
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Oregon v. Trump: A Hearing Diary
A live-blog of the temporary injunction hearing over whether to block federalization of 200 National Guard troops in Portland. -
The Week That Was
Your weekly summary of everything on the site. -
The Open Markets Act’s Troubling New Provision
An obscure provision of the latest version of the Open Markets Act could undermine software supply chain security protections. -
The CFIUS Review That Will Never Be
What it means that the president’s son-in-law is part of the group buying Electronic Arts. -
The Cyberespionage Gig Economy
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare. -
Speech, Coercion, and the Myth of the Censorship Regime
Google's letter to Rep. Jim Jordan inadvertently provides evidence against the "censorship industrial complex" narrative he is using it to support. -
Venezuelan Boat Attacks: Utterly Unprecedented and Patently Predictable
The unlawful policies and practices of the previous post-9/11 administrations laid the foundation for the Trump administration’s current legal overreach. -
Hegseth’s Unusual, Partisan, and Dangerous Convening of Military Leaders
If the defense secretary’s event allayed concerns of DEI in the military for some, it aggravated concerns of a politicized military for all. -
Reductions in Force During Shutdowns: Easier Said Than Done
Even if a lapse in appropriations justifies RIFs, the administration will struggle to lawfully carry out such RIFs. -
Making a Scarecrow of the Law: A Former Agent’s Reaction to Recent Events at the FBI
My response to the ongoing politicization of the FBI under Kash Patel. -
You Can’t Designate ‘Antifa.’ Banks and Platforms Will Act Like You Did Anyway.
The White House’s words will change behavior long before any court can. -
The Situation: What a Shutdown Has to Accomplish
It’s not just about Medicaid funding. -
IEEPA Authorizes Asset Freezing, Not Seizing
Treating a tax or tariff as different from a confiscation is an interpretive issue that should be decided by Congress, not the judiciary. -
How Not to Embarrass the Future
State and federal lawmakers around the country owe it to the future not to act rashly and legislate away the most promising aspects of AI. -
Reductions in Force During Shutdowns
The Trump administration plans to use the pending shutdown as justification for additional RIFs.
Featured Podcast
Live Coverage
For real-time updates of Lawfare’s coverage of the Trump administration’s legal challenges, follow on Bluesky or below:
What's Old Is New Again
With every new administration comes new promises and new actions on national security. But what’s “new” has often been proposed or even tried before—which means there’s a good chance Lawfare has already analyzed some of the legal and policy implications they present. So we’re making that past content readily accessible as it becomes newly relevant.
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Lawfare Daily: DOGE’s Attack on the Treasury Department
Why is it so alarming to have political appointees accessing BFS systems? -
A Primer on the Civil Service and the Trump Administration
The broad discretion afforded to presidents to shape personnel policy poses a threat to the civil service during the Trump administration. -
Immigration Is Not Invasion
Texas’s argument equating the two goes against the text and original meaning of the Constitution, and would set a dangerous precedent if courts accept it.
Documents
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Former FBI Director James Comey Indicted
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Georgia Supreme Court Declines Willis's Disqualification Appeal
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Bolton Search Warrant Affidavit Unsealed
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Justice Dept. OIG Releases Report on Ex-FBI Agent’s Alleged Misconduct
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Trump Offers First Legal Justification for Venezuela Boat Strike
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D.C. Sues Trump Administration for National Guard Deployment
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Trump Signs Order Expanding Pentagon’s Role in Domestic Law Enforcement
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Federal Judge Rules Habba Lacks Legal Authority as U.S. Attorney
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Lawfare Daily: The Law of the Shutdown
How does the current government shutdown fit in the broader context of the Trump administration’s exercise of executive power? -
Lawfare Daily: President Trump’s Peace Plan for Gaza
What is in President Trump's Gaza peace plan? -
Scaling Laws: The Ivory Tower and AI (Live from IHS's Technology, Liberalism, and Abundance Conference)
How can academics positively contribute to AI governance?
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Lawfare Live: Trials of the Trump Administration, Oct. 3
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Lawfare is a non-profit multimedia publication dedicated to “Hard National Security Choices.” We provide non-partisan, timely analysis of thorny legal and policy issues through our written, audio, and other content—all of which you can find here.