Assessing the Legal Bases for the Defense Department’s Equity Stakes
The Pentagon has taken equity stakes in key suppliers without ever stating a legal basis—and its likely justifications don’t hold up.
9/11 at 25: The Legal Architecture of the War on Terror, Twenty-Five Years On
Read the collection here.
The Global Data Center Boom Is a Gift to Spies
A Chinese company doesn’t need to hack Silicon Valley; it can simply rent the server next door.
GPS and the Limits of Control
What AI can learn from Selective Availability, the governance technology once used to pace GPS.
Rulemaking by Memo: Why CMMC Suspension Deserves Review
DOD CIO suspended the backbone of defense supply-chain security with a memo. Under new case law, it may not survive the courts—or the threat.
Why We’re Suing the State Department Over International Agreements
Lawfare is suing to bring transparency back to international agreements—and you can help.
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Homeland Security 25 Years Later: Time to Rethink and Rebuild?
The DHS constructed by Congress in 2002 is now outdated, reviled by many, and was flawed from the start. Time to rethink and rebuild. -
The Changing Face of the Department of Homeland Security
From hunting al-Qaeda to hunting immigrants. -
Justice in the 9/11 Case is Long Overdue
Political decisions across five administrations have paralyzed the 9/11 cases for 25 years. The Supreme Court can finally help deliver justice. -
Ordinary Origins: How 9/11 Built Today's Immigration Enforcement Machine
Post-9/11 data-sharing systems built for security quietly became the infrastructure for today’s automated immigration enforcement. -
The Unexpected Emergence of the EU as a U.S. Counterterrorism Partner
How the U.S. and the EU built law enforcement and counterterrorism information sharing in the wake of 9/11 -
Assessing the Legal Bases for the Defense Department’s Equity Stakes
The Pentagon has taken equity stakes in key suppliers without ever stating a legal basis—and its likely justifications don’t hold up. -
The Global Data Center Boom Is a Gift to Spies
A Chinese company doesn’t need to hack Silicon Valley; it can simply rent the server next door. -
GPS and the Limits of Control
What AI can learn from Selective Availability, the governance technology once used to pace GPS. -
Rulemaking by Memo: Why CMMC Suspension Deserves Review
DOD CIO suspended the backbone of defense supply-chain security with a memo. Under new case law, it may not survive the courts—or the threat. -
Why We’re Suing the State Department Over International Agreements
Lawfare is suing to bring transparency back to international agreements—and you can help. -
America Must Protect Its Training Data
AI training data built by U.S. firms is being sold to Chinese labs and powering their models. U.S. policymakers can use existing law to stop these sales. -
The Week That Was
Your weekly summary of everything on the site. -
Free Speech, Deportation, and the Suspension of Habeas Corpus
Denying habeas review of detention for protected speech risks accomplishing in practice what the Constitution forbids without actual suspension. -
USPS Plays a 'Puzzle Game' With the Right to Vote
Months away from elections, a federal judge worries President Trump's mail-in voting executive order could cause disenfranchisement. -
China's Private-Sector Botnets Are Worth Disrupting
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare.
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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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The Return of Schedule F
The Trump administration has proposed new rules to remove due process protections for thousands of federal employees. -
Donald Trump and the Department of Justice
On the loyalty of lawyers and the attitude of voters -
Trump’s Attacks on Justice Department Independence, Then and Now
What the first Trump administration carried out slowly, the new administration is doing at once.
Documents
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White House Releases Executive Order Declaring a National Emergency Regarding the Electrical Grid
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White House Releases National Security Science & Technology Strategy
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Justice Department Releases Opinion on Military Arrests Near Borders
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White House Releases Executive Orders on Quantum Computing
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White House Releases Executive Order on AI
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Former Cuban President Raúl Castro Indicted
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Trump Administration Releases 2026 Counterterrorism Strategy
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Southern Poverty Law Center Indicted on Federal Fraud Charges
The Lawfare Podcast 
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Lawfare Daily: Sept. 11, 2001, 25 Years Later
The Lawfare team talks about how Sept. 11 shaped the U.S. national security apparatus and the guests’ careers. -
Lawfare Daily: The National Guard in Washington, D.C.
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Lawfare Daily: Why Autocrats Hate Cities with Ambassador Nina Hachigian
What U.S. mayors can learn about resisting autocracy from their counterparts abroad?
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Lawfare Live: The Trials of the Trump Administration, September 11
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.
