Congress Has More Power Than It Thinks
A Supreme Court justice says Congress virtually never can reclaim power it delegates to the president. History suggests that it isn’t so.
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The Next Counterintelligence Problem Is Artificial
Accuracy isn’t enough—agencies must detect when trusted AI misuses legitimate access. Enter: AI counterintelligence.
The Next Semiconductor
Biomanufacturing data is a critical strategic asset, and the U.S. is failing to use it.
Presidential Discretion and the Insurrection Act
With Congress disinclined to rein in the president, it will likely fall to the courts to interpret what the provisions of the Insurrection Act actually mean.
Closing the Title 32 Gap in Domestic Counter-UAS Authority
While acting under state authority, the traditional status of the National Guard, guard personnel lack statutory authority to detect, track, or mitigate drone threats.
A Kill Switch for Frontier AI
The government is using export control law to force Anthropic to cut access to its most powerful models. The legal authority is plausible but the facts remain murky.
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Congress Has More Power Than It Thinks
A Supreme Court justice says Congress virtually never can reclaim power it delegates to the president. History suggests that it isn’t so. -
The Next Counterintelligence Problem Is Artificial
Accuracy isn’t enough—agencies must detect when trusted AI misuses legitimate access. Enter: AI counterintelligence. -
Lawfare Daily: A Breakthrough in Ukraine’s EU Accession Talk
What is the status of Ukraine's accession to the European Union? -
The Next Semiconductor
Biomanufacturing data is a critical strategic asset, and the U.S. is failing to use it. -
Presidential Discretion and the Insurrection Act
With Congress disinclined to rein in the president, it will likely fall to the courts to interpret what the provisions of the Insurrection Act actually mean. -
Closing the Title 32 Gap in Domestic Counter-UAS Authority
While acting under state authority, the traditional status of the National Guard, guard personnel lack statutory authority to detect, track, or mitigate drone threats. -
A Kill Switch for Frontier AI
The government is using export control law to force Anthropic to cut access to its most powerful models. The legal authority is plausible but the facts remain murky. -
Nigeria’s Fragmented Security Crisis
The country’s counterterrorism strategy cannot address the range of root causes driving conflict across different regions. -
The Week That Was
Your weekly summary of everything on the site. -
Undersea Cables and the Material Politics of Digital Connectivity
A review of Samanth Subramanian, “The Web Beneath the Waves: The Fragile Cables That Connect Our World” (Columbia Global Reports, 2025). -
AI Regulation and the Looming Problem of the Takings Clause
Regulations that force developers to disclose trade secrets to the public could violate the Constitution. How can regulators respond? -
Europe Wants to Wean Itself Off U.S. Tech
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare. -
The Paranoid Style in American Oversight, Part II
The criticism of the techniques used in the FBI’s investigation of the false electors plot, much like the critiques of how it was opened, do not bear scrutiny. -
Syria’s State Sponsor of Terrorism Designation Is Blocking Its Recovery
The United States has the authority and the justification to lift the last vestiges of U.S. sanctions. What it appears to lack is the will. -
When Compliance Becomes the Offense
Beijing’s new rules make standard U.S. sanctions compliance illegal in China. Washington and allies must build structural defenses before a multinational firm is prosecuted.
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The Return of Schedule F
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Donald Trump and the Department of Justice
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Trump’s Attacks on Justice Department Independence, Then and Now
What the first Trump administration carried out slowly, the new administration is doing at once.
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Lawfare Daily: A Breakthrough in Ukraine’s EU Accession Talk
What is the status of Ukraine's accession to the European Union? -
Lawfare Daily: For-Profit Cage-Fighting at the White House
Discussing the litigation over the UFC cage-fighting event on the White House South Lawn. -
Lawfare Daily: The Trials of the Trump Administration, June 12
Listen to the June 12 livestream as a podcast.
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