The Judicial Learning Curve
District court judges watch each other struggle with the Trump administration—and adapt.
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Join us for a special event on September 19.
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Why Liability and Insurance Won’t Save AI: Lessons From Cyber Insurance
Holding AI developers responsible for any harm their systems cause may not be the most effective path to promoting AI safety.
The Grand Jury Strikes Back
In rejecting indictments that overcharge, grand juries are returning to their constitutional mission of preventing government overreach.
Anthropic’s Settlement Shows the U.S. Can’t Afford AI Copyright Lawsuits
Copyright plaintiffs are squeezing enormous sums from AI companies. That's bad for the US and great for China. It's time for President Trump to invoke the Defense Production Act and resolve the crisis.
Did the President’s Strike on Tren de Aragua Violate the Law?
By applying the tools of war to civilians, the Trump administration is entering unprecedented—and deeply problematic—legal territory.
The Situation: “The Highest and Best Use of Our Military”
According to the vice president, it’s killing civilian drug traffickers.
Highlights
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The Judicial Learning Curve
District court judges watch each other struggle with the Trump administration—and adapt. -
Why Liability and Insurance Won’t Save AI: Lessons From Cyber Insurance
Holding AI developers responsible for any harm their systems cause may not be the most effective path to promoting AI safety. -
The Situation: “The Highest and Best Use of Our Military”
According to the vice president, it’s killing civilian drug traffickers. -
The Grand Jury Strikes Back
In rejecting indictments that overcharge, grand juries are returning to their constitutional mission of preventing government overreach. -
Anthropic’s Settlement Shows the U.S. Can’t Afford AI Copyright Lawsuits
Copyright plaintiffs are squeezing enormous sums from AI companies. That's bad for the US and great for China. It's time for President Trump to invoke the Defense Production Act and resolve the crisis. -
The Situation: I Never Signed Up for This Kind of Targeted Killing
And it’s a profoundly dangerous power for any president to have -
Why Isn’t China Interested in Nuclear Risk Reduction?
It’s time for China’s approach to arms control to evolve. The United States can help. -
The Week That Was
Your weekly summary of everything on the site. -
Did the President’s Strike on Tren de Aragua Violate the Law?
By applying the tools of war to civilians, the Trump administration is entering unprecedented—and deeply problematic—legal territory. -
The Commander in Chief in Congress
A review of Casey Dominguez, “Commander in Chief: Partisanship, Nationalism, and the Reconstruction of Congressional War Powers” (University Press of Kansas, 2024). -
Google Sharpens Its Cyber Knife
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare. -
Fifth Circuit Grants Preliminary Injunction Against AEA Tren de Aragua Removals
The three-judge panel found that the petitioners were likely to succeed on the merits because the AEA’s required predicates of declared war, invasion, or predatory incursion were not met based on the gov... -
The Lingering Uncertainty in Judge Breyer’s Newsom v. Trump Ruling
Judge Breyer’s opinion uncovers important facts about the ongoing military deployment to California but leaves critical legal questions unanswered. -
The Situation: Deferring to Lies
When is a predatory incursion an eggplant? -
Are Existing Consumer Protections Enough for AI?
An initial effort to map the protection landscape
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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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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N.Y. Appeals Court Voids Fine, Upholds Judgement Against Trump
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State Dept. Releases 2024 Country Reports on Human Rights Practices
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D.C. Sues Trump Administration Over Seizing Control of District Police
The Lawfare Podcast 
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Lawfare Daily: Adam Chan on the FCC’s Growing Role in National Security
Why has the FCC's role in national security role grown? -
Lawfare Daily: Sanctions, Speech, and Sovereignty in Brazil
Discussing the intersection of tech and geopolitics in Brazil. -
Lawfare Daily: The Trials of the Trump Administration, Sep 5
Listen to the Sept. 5 livestream as a podcast.
Other Lawfare Podcasts
Other Podcasts
Videos & Webinars
Lawfare Live: U.S. Military Conducts Lethal Strike on Venezuelan ‘Drug Boat’
Join the Lawfare team at 2:30 pm ET for a discussion of U.S. military activity in the Caribbean.
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Hard National Security Choices
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.
