Judge Royce Lamberth of the U.S. District Court for the District of Columbia ruled that military commission Judge Vance Spath lacked authority to hold Chief Defense Counsel John Baker in contempt for dis...

Should courts review the decision-making process when the U.S. government determines to target an American citizen as part of the armed conflict authorized by the 2001 Authorization for Use of Military F...

Can a sitting president be indicted? Often, in answering this question, commentators point to Office of Legal Counsel (OLC) opinions answering in the contrary. To whatever extent the writer agrees or dis...

In case you missed it, or missed Benjamin Wittes’s subsequent tweet commending it, former attorney general Dick Thornburgh had an important op-ed in the Washington Post last week—headlined “We Republican...

Editor’s Note: Israel, France, the United Kingdom, and other countries that have faced a persistent terrorism threat have found that putting terrorists in jail does not solve the problem. In jail, terror...

In “'Okay, Let’s Go': Watching the New York Times on Trump” Benjamin Wittes largely extols Liz Garbus’s new documentary series, "The Fourth Estate" which chronicles the New York Times in the Trump era.

The Inspector General (OIG) report (see Lawfare’s summary here) on the Clinton email investigation has reinvigorated a parade of what-ifs surrounding the 2016 presidential election. What if former FBI di...