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Litigation on the Transgender Service Member Ban: An Update
A little over a year ago, on July 26, 2017, the president tweeted: After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allo... -
The President’s Lawyer and His Cooperation in the Russia Investigation
The New York Times reports that White House Counsel Don McGahn has interviewed extensively with the special counsel, cooperating with the president’s consent but perhaps more extensively than President T... -
The Myth-Busting Papadopoulos Sentencing Memo
The government’s sentencing memo in George Papadopoulos’s prosecution, filed on Friday, is an illuminating document—illuminating about both Papadopoulos’s underlying conduct and the state of Robert Muell... -
The Week That Was: All of Lawfare in One Post
Benjamin Wittes began the week by analyzing a little-known Office of Legal Counsel opinion from 1973 on whether the president can be subpoenaed. Also in L’Affaire Russe news, yet another U.S. District Co... -
The Lawfare Podcast: Brad Moss on Presidential Power and Security Clearances
The President of the United States this week stripped the former CIA Director John Brennan of his security clearance in a dramatic White House statement by Press Secretary Sarah Huckabee Sanders. The Whi... -
Opening a File Whose Hash Matched Known Child Pornography Is Not a ‘Search,’ Fifth Circuit Rules
The Fifth Circuit has handed down a fascinating computer search case in United States v. Reddick. Here's the question: If a private company runs a hash of a file and compares the hash to those of known i... -
Richard Nixon, Donald Trump and the ‘Breach of Faith’
Journalist and presidential historian Theodore H. White thought of Richard Nixon’s downfall as the consequence of a “breach of faith.” Perhaps it was a “myth,” White wrote, but it was important nonethele... -
Federalists, Heed the Lessons of Iraqi Consolidation
Editor’s note: This week, Lawfare is running a series of essays on federalist governance in the Middle East. This essay is the sixth in the series. Read the introductory essay here. -
Document: George Papadopoulos Sentencing Memo
The government has filed a sentencing memorandum in the case of George Papadopoulos, recommending a sentence of between zero to six months. The document is available in full below. -
Today's Headlines and Commentary
The Trump administration is preparing to impose sanctions on countries that buy oil from Iran after Nov. 4, including China, reports the Wall Street Journal. In response to Chinese non-compliance, Hook s... -
Deconcentrating Power in Arab-Majority Countries
Editor’s note: This week, Lawfare is running a series of essays on federalist governance in the Middle East. This essay is the fifth in the series. Read the introductory essay here. Introduction -
Public Utility's Recording of Home Energy Consumption Every 15 Minutes Is a 'Search,' Seventh Circuit Rules
In a fascinating decision, Naperville Smart Meter Awareness v. City of Naperville, the Seventh Circuit has held that a public utility commits a "search" of a home when it records every 15 minutes how muc...
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