Latest in Courts & Litigation
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Lawfare Live: Trials of the Trump Administration, Nov. 7
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump. -
Are Federal Officials Immune From State Prosecution?
Contrary to recent assertions, federal officers do not have blanket immunity from criminal prosecutions brought by states. -
State Prosecutions of Federal Agents and the Presidential Pardon Power
State prosecutions of ICE agents may end up in federal courts, but any conviction would be beyond the president’s pardon power. -
Rational Security: The “Wea Culpa” Edition
This week, Scott Anderson, Benjamin Wittes, Alan Rozenshtein, and Kate Klonick talked through the week’s big national security news stories. -
The Situation: Where’s the Lie?
The government’s response to James Comey’s vindictive prosecution raises one very big and important question. -
Lawfare Live, The Now: Tariff Oral Argument at the Supreme Court
On Nov. 5 at 3:30 pm ET join Scott R. Anderson, Peter Harrell, Marty Lederman, and Kathleen Claussen for a live discussion. -
Lawfare Daily: Trials of the Trump Administration, Oct. 31
Listen to the Oct. 31 livestream as a podcast. -
The Appellate Void: Trump Could Defy Judges Without Confronting the Supreme Court
By refusing to appeal adverse rulings, a president could defy lower courts while denying higher courts any clear path to intervene. -
The Situation: James Comey Is Just Asking Questions
So many motions; so many options for dismissal. -
The Case Against Unbounded Delegation in Trump v. V.O.S. Selections
Unlike IEEPA, all foreign affairs delegations mentioned in the Court’s canonical Curtiss-Wright decision were cabined delegations. -
Lawfare Live: Trials of the Trump Administration, Oct. 31
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump. -
A Primer on FBI Personnel Disputes
The removal of Brian Driscoll demonstrates how a structure intended to protect investigative independence can also obscure accountability.


