Can the Midterms Be 'Stolen' On Jan. 3? It's Complicated.
Panic about a 'rogue clerk' is likely unwarranted—but it's worth paying attention.
The Federal Trade Commission After Trump v. Slaughter
AI governance and the remaking of an independent commission.
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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.
Palestinian Islamic Jihad and the Gaza Ceasefire
A deal that disarms Hamas may not disarm Gaza.
The Maritime Origins of Judicial Review
A review of Kevin Arlyck, “The Nation at Sea: The Federal Courts and American Sovereignty, 1789-1825” (Cambridge University Press, 2025).
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Can the Midterms Be 'Stolen' On Jan. 3? It's Complicated.
Panic about a 'rogue clerk' is likely unwarranted—but it's worth paying attention. -
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. -
Palestinian Islamic Jihad and the Gaza Ceasefire
A deal that disarms Hamas may not disarm Gaza. -
The Week That Was
Your weekly summary of everything on the site. -
The Maritime Origins of Judicial Review
A review of Kevin Arlyck, “The Nation at Sea: The Federal Courts and American Sovereignty, 1789-1825” (Cambridge University Press, 2025). -
Colombia’s Transitional Justice Was Built to Survive de la Espriella
It is a global model for its domestic, not international, legal origins. Future peace may be the real cost of de la Espriella’s attacks. -
Trump's Private Hacker Memo Is the Right Idea
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare. -
An AI Playground for the Courts
Judges face an unsatisfactory menu of AI options. A secure, judiciary-controlled sandbox for testing frontier models is the better path. -
A History of LGBT Officers & the Central Intelligence Agency
The CIA spent seven decades moving from purging LGBT officers to embracing them—until the second Trump administration began undoing that work. -
The Risks of Getting Russian and Chinese Nuclear Strategy Wrong
Strategists must understand the great powers’ different approaches to nuclear use. -
Fighting While Talking: The Iran War Enters Its Bargaining Phase
In war, the guns do not fall silent so the diplomats can speak. The guns often speak for them. -
The U.S. and Lithuania Clash Over Belarusian Potash
The critical mineral has driven a wedge between Washington and Vilnius, as the Trump administration pressures a NATO ally to engage with Belarus—sidestepping the EU in the process. -
In the Line of Fire: Legal Risks for Tech in Conflict Zones
From targetability to liability, tech companies face expanding risks in conflict zones.
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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.
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The Return of Schedule F
The Trump administration has proposed new rules to remove due process protections for thousands of federal employees. -
Donald Trump and the Department of Justice
On the loyalty of lawyers and the attitude of voters -
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.
Documents
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White House Releases National Security Science & Technology Strategy
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Justice Department Releases Opinion on Military Arrests Near Borders
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White House Releases Executive Orders on Quantum Computing
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White House Releases Executive Order on AI
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Former Cuban President Raúl Castro Indicted
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Trump Administration Releases 2026 Counterterrorism Strategy
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Southern Poverty Law Center Indicted on Federal Fraud Charges
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U.S. Government Agrees to $1.25 Million Settlement in Michael Flynn Suit
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Lawfare Daily: Trump, Kim, and the Future of Korea
Catching up on the U.S. negotiations with North Korea. -
Lawfare Daily: The Trials of the Trump Administration, August 21
Listen to the August 21 discussion as a podcast. -
Lawfare Daily: What’s So Special About a Special Grand Jury?
Anna Bower discusses the Justice Department reportedly empaneling a special grand jury in Washington, D.C.
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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.
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Lawfare is a non-profit multimedia publication dedicated to “Hard National Security Choices.” We provide non-partisan, timely analysis of thorny legal and policy issues through our written, audio, and other content—all of which you can find here.
