Latest in Executive Branch
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Rational Security: The “All Takin’ and No Givin’” Edition
Scott Anderson, Benjamin Wittes, Julia Curlee, and Alex Zerden talk through the week’s big news in national security. -
The Boat Strikes Aren’t Part of a War. They’re Murder.
By debating war powers and war crimes, Congress is missing the simpler, graver truth: The president is directing summary executions. -
Lawfare Daily: Censorship Incentives with Julia Curlee and Mike Feinberg
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The Censorship Machine: Silencing the National Security Workforce
A campaign of public retaliation and personal incentives has taught current and former public servants to stay silent. -
The Federal Trade Commission After Trump v. Slaughter
AI governance and the remaking of an independent commission. -
OLC’s Dangerous, and Wrong, Opinion About the Posse Comitatus Act
OLC’s recent opinion about the PCA is unmoored from statute and case law and has dangerous implications for domestic uses of the military. -
Shutdown Reform’s Constitutional Blind Spot: The Two-Year Clause
A bill to automatically fund the government in an appropriations lapse would end shutdowns—except the Two-Year Clause forbids funding the Army permanently. -
Lawfare Daily: The Trials of the Trump Administration, August 21
Listen to the August 21 discussion as a podcast. -
Lawfare Live: The Trials of the Trump Administration, August 21
Join the Lawfare team at 4 pm ET for a discussion of the litigation surrounding the Trump administration. -
White House Releases National Security Science & Technology Strategy
The document highlights the importance of leadership in emerging technologies and warns of losing the advantage to China. -
What’s So Special About a Special Grand Jury?
A primer on how special grand juries work, what federal law actually permits them to do, and why this one might backfire. -
Justice Department Releases Opinion on Military Arrests Near Borders
The Office of Legal Counsel asserted that arrests by military personnel near national defense areas do not violate the Posse Comitatus Act.


