Ukraine’s Precarious Pursuit of Justice Through In Absentia Trials
Ukraine’s practice of trying Russian military officials in absentia for war crimes could be at odds with the prescribed international law.
When AUKUS Meets the Rule of Law
As courts become increasingly willing to dip their toes in foreign affairs, domestic legal challenges may threaten alliance cohesion.
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The War on Nonprofits
Persecuting NGOs in the name of national security often serves as a pretense for government efforts to quiet dissent and consolidate power.
For AI Safety Regulation, a Bird in the Hand Is Worth Many in the Bush
Why do believers in AI regulation so often oppose targeted AI legislation?
Is Internet Content Too Engaging?
By targeting design rather than content, lawmakers hope to regulate social media without constitutional roadblocks. Here’s why that’s a problem.
Was Israel’s Strike on Iran a Good Idea? Four Questions to Ask
Military strikes, even ones that display impressive operational skills, can fail or even backfire in the long-term.
Highlights
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Ukraine’s Precarious Pursuit of Justice Through In Absentia Trials
Ukraine’s practice of trying Russian military officials in absentia for war crimes could be at odds with the prescribed international law. -
When AUKUS Meets the Rule of Law
As courts become increasingly willing to dip their toes in foreign affairs, domestic legal challenges may threaten alliance cohesion. -
The War on Nonprofits
Persecuting NGOs in the name of national security often serves as a pretense for government efforts to quiet dissent and consolidate power. -
For AI Safety Regulation, a Bird in the Hand Is Worth Many in the Bush
Why do believers in AI regulation so often oppose targeted AI legislation? -
Is Internet Content Too Engaging?
By targeting design rather than content, lawmakers hope to regulate social media without constitutional roadblocks. Here’s why that’s a problem. -
A Whistleblower Incentive Program to Enforce U.S. Export Controls
A program modeled on the successful SEC program would help America overcome its export control enforcement woes. -
When Buddhism Turns Violent
Governments that rely on Buddhist leaders for legitimacy can empower extremists that promote violence. -
Was Israel’s Strike on Iran a Good Idea? Four Questions to Ask
Military strikes, even ones that display impressive operational skills, can fail or even backfire in the long-term. -
The Week That Was
Your weekly summary of everything on the site. -
Understanding Conflict Through Satellite Imagery
Satellite imagery is vital to better understanding the reasons for conflict and identifying the best policy options. -
Trump Scales Back Biden's Product Security Demands
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare. -
The Same Old Fantasies Behind AI and New Technology
A review of Adam Becker, “More Everything Forever: AI Overlords, Space Empires, and Silicon Valley’s Crusade to Control the Fate of Humanity” (Basic Books, 2025). -
Unpacking the Protective Power
The constitutional basis for Trump’s use of the military in LA has a long history but is ultimately unmoored from constitutional text. -
What to Watch for in Abrego Garcia’s Hearing on Potential Pretrial Detention
The government will want to focus on Abrego Garcia’s alleged links to MS-13, he will respond that no detention hearing is warranted, and the magistrate judge may end up relying on his immigration detenti... -
Presidential Criminal Immunity: A Rule-of-Law Threat Beyond the Oval Office
The Roberts Court's immunity doctrine encourages corruption and malfeasance throughout the executive branch.
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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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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. -
What Congress Has Done—and What It Still Needs to Do—to Protect NATO
Congress has barred the president from exiting NATO unilaterally. But someone still needs to enforce it.
Documents
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Trump Issues Full or Partial Travel Ban for 19 Countries
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White House Releases Memo Directing Investigation Into Biden Admin
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Trump Issues Proclamation to ‘Address Risks at Harvard University’
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New Facts About the RDI Program and the Treatment of a 9/11 Defendant
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Trump Signs Order ‘Strengthening and Unleashing America’s Law Enforcement’
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White House Releases Letter Informing Congress of Houthi Strikes
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Energy Dept. Instructs Employees to Gather Info on Deals with Law Firms
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D.C. Bar Disciplinary Panel Declines to Investigate Ed Martin
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Lawfare Daily: The Israel/Iran Conflict: What Do We Know So Far?
What is the nature of the U.S. involvement in the conflict? -
Lawfare Daily: Evaluating January 6 Prosecutions with Greg Rosen
Discussing the investigations and prosecutions of the Jan. 6 attack on the Capitol. -
Lawfare Daily: Trials of the Trump Administration, June 13
Listen to the June 13 livestream as a podcast.
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Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump.
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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.
