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In Case of Emergency: The Dubious Legality of Trump Allies' Draft EO
Conservative activists say that declaring a national emergency would allow Trump to assert sweeping authority over elections. They're wrong.
Lawfare Live: The Trials of the Trump Administration, March 13
Join the Lawfare team at 4 pm ET for a discussion of the litigation surrounding the Trump administration.
Military AI as ‘Abnormal’ Technology
AI may be a “normal” technology in the boardroom. In the military, where costs are externalized and secrecy is default, it’s anything but.
Operation Epic Fury Puts Congress and the Constitution to the Test
The Trump administration will treat Congress’ failure to limit its military campaign as tacit approval. This interpretation is inconsistent with the War Powers Resolution.
Constitutional Duels in the Court’s Rejection of Trump’s Tariffs
The justices agree that Congress should play the leading role in some realms, but they disagree on when—and how to get there.
Intern with Lawfare!
Lawfare is now accepting Summer 2026 internship applications.
Highlights
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In Case of Emergency: The Dubious Legality of Trump Allies' Draft EO
Conservative activists say that declaring a national emergency would allow Trump to assert sweeping authority over elections. They're wrong. -
Military AI as ‘Abnormal’ Technology
AI may be a “normal” technology in the boardroom. In the military, where costs are externalized and secrecy is default, it’s anything but. -
Operation Epic Fury Puts Congress and the Constitution to the Test
The Trump administration will treat Congress’ failure to limit its military campaign as tacit approval. This interpretation is inconsistent with the War Powers Resolution. -
Constitutional Duels in the Court’s Rejection of Trump’s Tariffs
The justices agree that Congress should play the leading role in some realms, but they disagree on when—and how to get there. -
Intern with Lawfare!
Lawfare is now accepting Summer 2026 internship applications. -
The Situation: Thinking About Anthropic’s Red Lines
What does the AI company mean by “mass surveillance” and “lethal autonomous warfare”? -
Military AI Policy by Contract: The Limits of Procurement as Governance
Over the past year, the United States has moved toward an AI governance model that is flexible yet profoundly inadequate: regulation by contract. -
Narrative Integrity Risk: The Next Frontier in Financial Stability
AI is already amplifying the destabilization of financial markets. -
Trump Admin Cyber Strategy Centers Private Sector in Offensive Cyber Operations
A proposal to authorize the private sector’s use of offensive cyber operations raises old questions without offering many new answers. -
Five Foreign Election Conspiracy Theories Making the Rounds Again
Conspiracy theories about 2020 fraud are being dredged up again as pretext for consolidating federal control over elections. -
U.S.-Mexico Cooperation After El Mencho
Mexico’s government is successfully taking the fight to the cartels, but Trump is pressing for more. -
The Week That Was
Your weekly summary of everything on the site. -
China’s Agentic AI Controversy
AI agents have sparked an urgent debate in China about data privacy and security that holds huge lessons for the U.S. and the future of AI everywhere. -
Justice Delayed
A review of Carol Leonnig and Aaron C. Davis, “Injustice: How Politics and Fear Vanquished America’s Justice Department” (Penguin Press, 2025). -
The Situation: The BASE Jumping Presidency
Sometimes you get away with reckless and stupid decisions.
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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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Using Force Against Mexican Drug Cartels: Domestic and International Law Issues
Executive branch lawyers could argue that using force against cartels would be consistent with past presidential uses of force, but it would be very difficult to defend under international law. -
My Lloyd Cutler Rule of Law Lecture: "Law and the Use of Force: Challenges for the Next President"
Read John Bellinger's Lloyd Cutler Lecture on Rule of Law at the Supreme Court. -
Lawfare Daily: DOGE’s Attack on the Treasury Department
Why is it so alarming to have political appointees accessing BFS systems?
Documents
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Anthropic Challenges the Pentagon’s Supply Chain Risk Determination
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Anthropic Sues Defense Department Over Supply Chain Risk Designation
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White House Submits Iran War Powers Report to Congress
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Supreme Court Rules Against Trump’s Emergency Power Tariffs
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Fulton Co. Election Office Search Warrant Affidavits Made Public
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Trump Administration Releases 2026 National Defense Strategy
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Trump Administration Releases Legal Opinion on Maduro Capture, Attacks on Venezuela
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Sen. Kelly Sues Department of Defense Over Disciplinary Actions
The Lawfare Podcast 
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Lawfare Daily: Matt Olsen Talks Iran, the Justice Department, and FISA 702
Former Assistant Attorney General for National Security Matt Olsen joins Lawfare Daily. -
Lawfare Daily: Does the U.S. Have a Drone Defense Problem?
What can the U.S. and its allies learn from Ukraine? -
Lawfare Daily: “I’m angry that I exist”: Nihilistic Violent Extremism with Seamus Hughes and Jacob Ware
Discussing the FBI’s new NVE classification.
Other Lawfare Podcasts
Other Podcasts
Videos & Webinars
Lawfare Live: The Trials of the Trump Administration, March 13
Join the Lawfare team at 4 pm ET for a discussion of the litigation surrounding the Trump administration.
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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.
