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.
I Never Signed Up For This Kind of Targeted Killing
And it’s a profoundly dangerous power for any president to have
Lawfare Live: Trials of the Trump Administration, Sept. 5
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump.
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).
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 government’s facts.
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 Federal Circuit Rules Trump Tariffs are Illegal
But its overly cautious ruling opens the door to more IEEPA tariffs in the future.
Highlights
-
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 -
The Federal Circuit Rules Trump Tariffs are Illegal
But its overly cautious ruling opens the door to more IEEPA tariffs in the future. -
A Primer on the Senior Executive Service
The Trump administration argues that the removal power extends to top career executives, endangering civil service tenure protections. -
The Problem of Liability Overexposure for Software
Most software tort proposals in the U.S. focus on defining a standard of care for developers. But what happens after a finding of liability? -
Emergency Hearing over the Removal of Unaccompanied Minors to Guatemala
A play-by-play of Judge Sooknanan’s hearing where she blocked the Trump administration's plans to send hundreds of unaccompanied children to Guatemala. -
The Future of Airpower Is Denial
The United States needs a new plan for fighting in contested skies.
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.
-
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
-
Trump Offers First Legal Justification for Venezuela Boat Strike
-
D.C. Sues Trump Administration for National Guard Deployment
-
Trump Signs Order Expanding Pentagon’s Role in Domestic Law Enforcement
-
Federal Judge Rules Habba Lacks Legal Authority as U.S. Attorney
-
N.Y. Appeals Court Voids Fine, Upholds Judgement Against Trump
-
State Dept. Releases 2024 Country Reports on Human Rights Practices
-
D.C. Sues Trump Administration Over Seizing Control of District Police
-
ICJ Releases Advisory Opinion On States’ Obligations to Address Climate Change
The Lawfare Podcast 
-
Lawfare Daily: U.S. Military Conducts Lethal Strike on Venezuelan ‘Drug Boat’
Listen to the Sept. 4 livestream. -
Lawfare Daily: Wargaming a Chinese Blockade of Taiwan
Discussing the implications of a Chinese blockade of Taiwan. -
Lawfare Daily: Federal Judges Rule Against Trump on National Guard Deployment, Tariffs, and Removal of Migrant Children to Guatemala
Listen to the Sept. 2 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.
Explore
Congress
Armed Conflict
The Lawfare Institute:
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.
