What's Old is New Again
With every new administration comes new promises and new actions on national security. But what’s “new” has often been proposed or even tried before—which means there’s a good chance Lawfare has already analyzed some of the legal and policy implications they present. So we’re making that past content readily accessible as it becomes newly relevant.
Find our regularly updated, curated list of Lawfare analysis from the archives below.
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Immigration Detainers: A Guide for the Perplexed
Local opposition to federal immigration enforcement is often treated as an ideological issue, with fights over sanctuary cities breaking down along familiar political lines. But setting politics aside, s... -
If SCOTUS Won’t Enforce the 14th Amendment, We Should Worry How They’ll Handle the 22nd
If the Court won’t impose Section 3 restrictions in favor of “letting the voters decide,” will they let a presidential candidate vie for a third term? -
The Espionage Act After the Mar-a-Lago Indictment
The Trump administration’s record of Espionage Act prosecutions further casts doubt on the idea that his own indictment is a witch hunt, but both should lead us to rethink the Espionage Act’s capaciousne... -
An Explainer on the Espionage Act and the Third-Party Leak Prosecutions
The press scandals keep on coming for the Obama Administration. -
The Law of Classified Information: A Primer
How the U.S. government regulates its secrets. -
Can the President Revoke Former Officials’ Security Clearances?
The three scenarios that might play out if Trump moves against Clapper, Comey, McCabe, Brennan, Rice and Hayden.