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Could a U.S. State Sue Russia for Election-Related Hacking Under the Supreme Court’s Original Jurisdiction?
The Senate intelligence committee has said that a small number of states had their election computer defenses breached by Russian hackers in 2016. Assume, as the report writes, that those hackers were li... -
Why We Don’t Support Gina Haspel for CIA Director: A Response to Benjamin Wittes
In his Tuesday post in support of Gina Haspel’s nomination to be director of the CIA, Benjamin Wittes wrote about “the insulation that Haspel stands to provide for the agency from a president hostile to ... -
Bolton’s Magnificent Idea: Nix the White House Cyber Czar
News reports suggest that new national security adviser John Bolton is thinking about eliminating the cybersecurity coordinator position, known as the “cyber czar,” that Rob Joyce will soon vacate. We t... -
The Four Problems With Judge Henderson’s Dissent in Doe v. Mattis
There’s plenty to chew on in the 79 pages of opinions from the D.C. Circuit in Doe v. Mattis—in which a divided panel affirmed a district court injunction blocking the transfer of a U.S. citizen captured... -
Document: Judge Hogan Denies Habeas in Qassim v. Trump
On Tuesday, Judge Thomas Hogan of the U.S. District Court for the District of Columbia denied Khalid Ahmed Qassim’s petition for a writ of habeas corpus. Russell Spivak summarized the joint status report... -
Revisiting the Prosecution Option in Doe v. Mattis: Is the Real Aim Here to Secure a Citizenship Waiver?
Prosecuting John Doe seemed unviable at first. Things may be different now. -
Barring Transfer of John Doe Temporarily: An Overview of the Majority Ruling in Doe v. Mattis
What to make of the court's split decision. -
The Lawfare Podcast: Special Edition: Gina Haspel vs. the Senate Intelligence Committee With No Bull
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Rational Security: The 'No Deal Goes Unpunished' Edition
President Trump decides to undo the Iran deal. Gina Haspel faces a grilling in the Senate. And Devin Nunes wants information that intelligence officials fear could jeopardize a source. -
Document: D.C. Circuit Opinion on Transfer Injunction in Doe v. Mattis
The U.S. Court of Appeals for the D.C. Circuit has released its opinion affirming the lower court's injunction on the U.S. military's planned transfer of John Doe, a U.S. citizen held in military custody... -
Today's Headlines and Commentary
Unveiled financial records of Essential Consultants LLC—the company used by President Trump’s personal lawyer Michael Cohen to pay adult film actress Stormy Daniels—reveal payments from a firm associated... -
How Misinformation Spreads on Social Media—And What To Do About It
Opportunities to glimpse misinformation in action are fairly rare. But after the recent attack in Toronto, a journalist on Twitter unwittingly carried out a natural experiment that shows how quickly “fak...
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