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The Situation: Where’s the Lie?
The government’s response to James Comey’s vindictive prosecution raises one very big and important question.
U.S. Military Detention and Transfer in Its Fight Against Cartels
The recent detention and repatriation of two survivors of a U.S. military strike marks another legal evolution in the Trump administration’s claimed armed conflict with drug cartels.
Lessons Learned From the TikTok Saga
I got the law right but the institutions wrong.
Lawfare Live, The Now: Tariff Oral Argument at the Supreme Court
On Nov. 5 at 3:30 pm ET join Scott R. Anderson, Peter Harrell, and Kathleen Claussen for a live discussion.
The European Commission’s Rejection of Latombe
The rejection leaves the DPF politically fragile, legally untested at the Court of Justice, and vulnerable to shifts in Washington.
Offensive Cyber Operations and Combat Effectiveness After Ukraine
Ukraine’s offensive cyber strategy demonstrates that Western governments need to adopt a “responsibly irresponsible” warfighting approach.
Highlights
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The Situation: Where’s the Lie?
The government’s response to James Comey’s vindictive prosecution raises one very big and important question. -
U.S. Military Detention and Transfer in Its Fight Against Cartels
The recent detention and repatriation of two survivors of a U.S. military strike marks another legal evolution in the Trump administration’s claimed armed conflict with drug cartels. -
Lessons Learned From the TikTok Saga
I got the law right but the institutions wrong. -
The European Commission’s Rejection of Latombe
The rejection leaves the DPF politically fragile, legally untested at the Court of Justice, and vulnerable to shifts in Washington. -
Offensive Cyber Operations and Combat Effectiveness After Ukraine
Ukraine’s offensive cyber strategy demonstrates that Western governments need to adopt a “responsibly irresponsible” warfighting approach. -
Why Trump’s Madman Act Doesn’t Work
The administration’s approach of “strategic uncertainty” is unlikely to produce better deals. -
The Week That Was
Your weekly summary of everything on the site. -
The Appellate Void: Trump Could Defy Judges Without Confronting the Supreme Court
By refusing to appeal adverse rulings, a president could defy lower courts while denying higher courts any clear path to intervene. -
The Situation: James Comey Is Just Asking Questions
So many motions; so many options for dismissal. -
Peter Williams, Ex-ASD, Pleads Guilty to Selling Eight Exploits to Russia
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare. -
The Unitary Artificial Executive
Previous expansions of presidential power were still constrained by human limitations. Artificial intelligence eliminates those constraints. -
The Case Against Unbounded Delegation in Trump v. V.O.S. Selections
Unlike IEEPA, all foreign affairs delegations mentioned in the Court’s canonical Curtiss-Wright decision were cabined delegations. -
The Situation: How Much Less Free Are We?
I gave a speech. -
A Primer on FBI Personnel Disputes
The removal of Brian Driscoll demonstrates how a structure intended to protect investigative independence can also obscure accountability. -
Trump’s Demolition Derby
The president’s project to build a ballroom where the White House’s East Wing once stood is an end run around the law.
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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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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? -
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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Watchdog Urges Preservation of Records Related to Halligan’s Signal Chat
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Letitia James Asks Court to Curb Prosecutors’ Extrajudicial Statements
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James Comey Seeks Dismissal of Indictment, Claims Vindictive Prosecution
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John Bolton Indicted for Allegedly Mishandling Classified Information
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NY Attorney General Letitia James Indicted in Eastern District of Virginia
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Former FBI Director James Comey Indicted
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Georgia Supreme Court Declines Willis's Disqualification Appeal
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Bolton Search Warrant Affidavit Unsealed
The Lawfare Podcast 
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Lawfare Daily: How Social Media Threatens Democracy, with Rick Pildes
Discussing the link between social media and threats to democracy. -
Lawfare Daily: Trials of the Trump Administration, Oct. 31
Listen to the Oct. 31 livestream as a podcast. -
Scaling Laws: The GoLaxy Revelations: China's AI-Driven Influence Operations, with Brett Goldstein, Brett Benson, and Renée DiResta
Discussing the evolution of influence operations.
Other Lawfare Podcasts
Other Podcasts
Videos & Webinars
Lawfare Live, The Now: Tariff Oral Argument at the Supreme Court
On Nov. 5 at 3:30 pm ET join Scott R. Anderson, Peter Harrell, and Kathleen Claussen for a live discussion.
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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.
