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9/11 Military Commission Judge Rejects Unlawful Influence Claim
On Friday, the judge United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 military commission), Col. Keith Parrella, rejected a defense motion to dismiss the case on the grounds of unlawful inf... -
Indicting and Prosecuting a Sitting President
There are ... incidental powers, belonging to the executive department, which are necessarily implied from the nature of the functions, which are confided to it. Among these, must necessarily be include... -
Today's Headlines and Commentary
The current partial federal government shutdown is now the longest in modern U.S. history, reports the Wall Street Journal. -
House Demolition at the Israeli Supreme Court: Recent Developments
In recent weeks, the Israeli Supreme Court, sitting as a High Court of Justice (HCJ) for administrative matters, handed down three decisions regarding house demolitions. The first one—Naji v. IDF Command... -
The Inspector General Should Review the FBI Counterintelligence Probe into Trump
Like everyone else on Lawfare, I was struck by the recent New York Times story about the FBI opening a counterintelligence investigation into President Trump after he fired former FBI Director Jim Comey.... -
Document: William Barr's Prepared Nomination Hearing Testimony
Below is the prepared statement that former Attorney General William Barr will deliver at his confirmation hearing before the Senate Judiciary Committee on Jan. 15. -
Kaspersky Helps the NSA
Most Lawfare readers will be familiar with Kaspersky Labs, the Russian cybersecurity firm. Many American cyberspecurity experts (including Rick Ledgett, Nicholas Weaver, and me) have been skeptical abou... -
The Soviet Experience in Afghanistan: Getting History Right
Editor’s Note: President Trump's justification of his foreign policy often draws on bizarre theories and bad history. One of the worst recent instances was his claim that the Soviet Union invaded Afghani... -
On What Grounds Can the FBI Investigate the President as a Counterintelligence Threat?
The New York Times reported on Jan. 11 that the FBI “began investigating whether President Trump had been working on behalf of Russia against American interests” soon after Trump fired FBI Director James... -
Jim Baker on Counterintelligence
The New York Times’ recent report on an FBI counterintelligence investigation into the president has placed a new focus on the counterintelligence aspect of the Mueller investigation. That story is sourc... -
The Lawfare Podcast: Special Edition: The FBI’s Counterintelligence Investigation of Donald Trump
Benjamin Wittes talks to Carrie Cordero, Chuck Rosenberg, David Kris, Jack Goldsmith and Susan Hennessey about the New York Times's report that the FBI opened a counterintelligence investigation of Donal... -
The Week That Was: All of Lawfare in One Post
On Friday evening, the New York Times reported that in the days after President Trump fired then-FBI Director James Comey, federal law enforcement officials become so concerned with the president’s condu...
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