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.
Selected Articles
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An Explainer on the Espionage Act and the Third-Party Leak Prosecutions
The press scandals keep on coming for the Obama Administration. -
What Does the 60-Day Rule Require?
It’s past time for the Justice Department to respond to the inspector general’s 2018 request to clarify the meaning of the 60-day rule on electoral interference. -
The Trump Admin’s Embrace of Ideological Exclusion and Deportation
The targets, rhetoric, and legal justifications of ideological exclusion and deportation may change over time, but the motivation—suppressing dissent—remains the same. -
What to Make of the Justice Department’s Denaturalization Initiative
The policy will terrify some naturalized citizens without cause and may dissuade others from naturalizing or coming to the United States in the first place. -
National Security AI and the Hurdles to International Regulation
Small-group cooperation and unilateral efforts to develop settled expectations around the use of national security AI are far more likely than an international regime analogous to nuclear arms control. -
Due Process in Third Country Removals
The administration’s use of ad hoc procedures to send migrants to countries with which they have no connection likely violates due process.
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