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The Situation: Vindicating the Semblance of Due Process
A meditation on Judge Boasberg’s contempt ruling in increasingly run-on sentences. -
Lawfare Live: Trials of the Trump Administration, April 18
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump. -
A Trump Administration Plan to Crowdsource Deregulation?
A new form on the Federal Register and newfound constitutional power would make it easy to deregulate. -
At the Mercy of Presidential Self-Restraint
Trump’s spree of firings exposes a dilemma for Congress: a reliance on presidents to respect the independence of executive branch officials. -
Data Brokerage and the Third-Country National Security Problem
Restricting direct data broker sales to China is a start—but privacy and security controls on personal data must go much broader. -
Lawfare Daily: Mexican Cartels and American Guns
Discussing oral arguments in Mexico v. Smith & Wesson. -
Will Netanyahu Succeed in Dismissing the Head of the Shin Bet?
The Israeli government’s controversial vote to remove Ronen Bar faces legal hurdles, with the potential to set off a constitutional crisis. -
Habeas and the Alien Enemies Act: Challenges and Opportunities
The Supreme Court’s procedural ruling in Trump v. J.G.G. could have real costs for those swept up by the AEA and for the separation of powers. -
Abrego Garcia and MS-13: What Do We Know?
The allegation seems to stem from double hearsay in a document authored by a later suspended police detective. -
Lawfare Daily: Daniel Kokotajlo and Eli Lifland on Their AI 2027 Report
What could the evolution of AI look like? -
The Situation: Court Orders, Kidnapping, and Smuggling
Trump and Bukele play three-card monte with a detainee. -
Can the President Appoint Principal Officers Without the Senate?
Trump claims he can fire officers not picked by the president and hire acting leaders for Senate-confirmed roles outside the Vacancies Act. -
Lawfare Live: Court Hearing on the Removal of Abrego Garcia
Join the Lawfare team for a live discussion on April 15. -
Process as Punishment: An American History of Political Spectacle
American political theater isn’t new. The House Un-American Activities Committee operated for decades—until targets learned to fight back. -
Escalation: Boiling The Frog
Listen to the seventh and final episode of Escalation, a narrative podcast on U.S.-Ukraine relations. -
Should American Spies Steal Commercial Secrets?
U.S. intelligence agencies have never stolen foreign commercial and technology secrets. It’s time to rethink that taboo. -
Lawfare Daily: Trials of the Trump Administration, April 11
Listen to the April 11 Lawfare Live. -
The UAE’s Trump-Era AI Strategy
The Trump administration should beware mounting Emirati courtship for more U.S. AI chips. -
The Situation: Formalist Delusions Confront Lawless Realities
Why would anyone grant these people a presumption of regularity? -
The Week That Was
Your weekly summary of everything on the site.
More Articles
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The Situation: A Nasty Surprise from the National Symphony
I won’t be going to further events sponsored by Michael Flynn. -
The Week That Was
Your weekly summary of everything on the site. -
The Law Firms’ Deals with Trump are Even Riskier Than They Seem
By settling with Trump, law firms have much more than a moral stain to worry about.