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The Week that Was: All of Lawfare in One Post
Matthew Kahn shared a primer on the history of the 25th Amendment and presidential disability after President Trump asked of the amendment, “What’s that?” Bob Litt reminded readers that the so-called "St... -
Summary: FISA Amendments Reauthorization Act
NOTE: This post summarizes the text of Sen. Richard Burr's bill as it stood before a closed committee markup hearing on Oct. 25. An updated bill is now available here. -
Last Week at the Military Commissions: A Deluge of Discovery
Military judge James Pohl, the government, and the Walid Bin’Attash, Ramzi Binalshibh, Ali al-Bahlul, Khalid Sheikh Mohammad, and Mustafa al-Hawsawi defense teams returned to continue plowing through dis... -
Today's Headlines and Commentary
Catalonia’s parliament declared independence Friday, reports the New York Times. Shortly afterward, the Spanish Senate voted 214-47 to invoke a provision of the Spanish constitution that gives the govern... -
A Response to Steve Slick’s Review of ‘Finks’
At the heart of Steve Slick’s September 26 review of my book Finks: How the CIA Tricked the World’s Best Writers, lies an unstated riddle: When do democratic institutions allow themselves to censor? Slic... -
Unpacking Uranium One: Hype and Law
The latest instance of "what-aboutism" is the House Republican decision to open an investigation of the Uranium One transaction—the allegation that Hillary Clinton transferred control of 20% of America's... -
The Cyberlaw Podcast: Interview with Tom Bossert
I had a chance to talk to Tom Bossert, President Trump’s Homeland Security Adviser, on the record, and we’re releasing the conversation as a bonus episode of the Cyberlaw Podcast. The talk ranges from Pe... -
Punching the Wrong Bag: The Deputy AG Enters the Crypto Wars
Deputy Attorney General Rod Rosenstein gave a rather remarkable speech on encryption two weeks ago. Arguing that encryption's creation of "warrant-proof" spaces is irresponsible, the deputy attorney gene... -
The (Ir)relevance of the Trump ‘Dossier’
Much has been made this week of reports that the Clinton campaign paid for the so-called “dossier” about Trump that was compiled by a former British intelligence agent. One important point is sometimes l... -
Today's Headlines and Commentary
On Wednesday, Wikileaks leader Julian Assange confirmed that the head of a data analytics firm working with Trump’s campaign contacted Assange last year, the Daily Beast reports. Alexander Nix, the head ... -
Rational Security: The “How Many Elephants Make a Stampede?” Edition
We have a live studio audience this week at the Brookings Institution, where the gang discusses leading GOP lawmakers who say there’s nothing normal about the Trump administration. The deaths of four Ame... -
Getting Encryption onto the Front Burner
I’m happy to be wrong, but I don’t expect the Deputy Attorney General’s recent speech to spark productive engagement in the standoff over encryption. -
A Daisy Chain of Associated Forces? On the Potential Use of Force in Niger Against al-Mourabitoun
[Update: Several people reached out after I posted last night, drawing attention to the fact that al-Mourabitoun (also spelled al Murabitun) apparently reunited with AQIM after its initial separation fro... -
Laws of War: Where Both Liberals and Realists Are Wrong
Did outlawing war in the mid-20th Century change international politics? Oona Hathaway and Scott Shapiro have reignited this debate with their book “The Internationalists: How a Radical Plan to Outlaw Wa... -
Hoover Book Soiree on Nov. 1: Susan Landau's 'Listening In'
The next in our series of book soirees at the Hoover Institution will take place from 5 to 7 p.m. on Nov. 1, when Lawfare's Benjamin Wittes will interview Susan Landau about her forthcoming book, "Listen... -
The National Security Law Podcast: The Magic Bullet Travel Ban(d)
This week Professors Chesney and Vladeck start with a close look at Smith v. Trump, a case that seeks a judicial ruling on whether the Islamic State really falls within the scope of the 2001 AUMF. The c... -
Today's Headlines and Commentary
Russia blocked the renewal of the U.N. investigation into uses of chemical weapons in Syria, the Washington Post reported. At the Security Council, Moscow vetoed a resolution extending the mandate of the... -
The European Commission’s Privacy Shield Review Summarized
On Oct. 18, the European Commission (EC) released its report on the first annual review of the EU-U.S. Privacy Shield framework, the agreement that ensures privacy protections for cross-border transfers ... -
Livestream: House Hearing on Kaspersky Risk to Federal Government
The House Committee on Science, Space, and Technology is holding a hearing on "Assessing the Risk of Kaspersky Lab Products to the Federal Government."The following witnesses will testify:
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Document: Executive Order to Resume US Refugee Admissions Program
On Tuesday, the White House released the following executive order resuming the U.S. Refugee Admissions Program. Presidential Executive Order on Resuming the United States Refugee Admissions Program w...
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Secretary Hegseth Ends WPS Program Despite Joint Staff Support
A Joint Staff memorandum reviewed by Lawfare casts doubt on Secretary Hegseth’s claim that troops “hate” implementation of the Women, Peace, and Security Act. -
Border Militarization Blurs the Distinction Between ‘Policing’ Immigration and ‘Combating’ Immigrants
NSPM-4, President Trump’s order on the military’s “mission for sealing the Southern Border,” obscures the fine-grained limits that ought to clearly and unambiguously regulate lethal force. -
Can the U.S. Government Compel States to Enforce Immigration Law?
Trump’s efforts to force state cooperation on immigration raise pressing questions about the constitutional limits of federal authority.
