The Next Anti-democratic Threat From the Supreme Court
Industry-backed preemption arguments in the climate deception case threaten the federalism safeguards that check an imperial presidency.
Nazi Women in Court
A review of Jessica Trisko Darden, “The Accused: How Women Faced Justice for Nazi-Era Crimes” (Yale University Press, 2026).
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'Rogue' AI Isn't Going Anywhere
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare.
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A Warning for Frontier AI Model Governance
As Congress debates who should control frontier AI governance, “cybersecurity” can become a substitute for reasoning about hard policy choices.
2025 Civilian Casualties Report Reveals U.S. Civilian Protection Gaps
Despite admitting to its biggest civilian harm incidents in years, the U.S. military has not accounted for dozens of victims from 2025.
Deportation, Inc.: The Rise of the Immigration Enforcement Economy
Watch the video series here
The Insurrection Act Is No Exception to the Troops-at-Polls Ban
Congress restricted military deployments to election sites, even when a broader deployment authority might otherwise apply.
Introducing ‘Posting Through the Singularity’
A new semi-regular column of essays on law and computation, not quite ready for Substack
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The Next Anti-democratic Threat From the Supreme Court
Industry-backed preemption arguments in the climate deception case threaten the federalism safeguards that check an imperial presidency. -
Nazi Women in Court
A review of Jessica Trisko Darden, “The Accused: How Women Faced Justice for Nazi-Era Crimes” (Yale University Press, 2026). -
'Rogue' AI Isn't Going Anywhere
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare. -
A Warning for Frontier AI Model Governance
As Congress debates who should control frontier AI governance, “cybersecurity” can become a substitute for reasoning about hard policy choices. -
2025 Civilian Casualties Report Reveals U.S. Civilian Protection Gaps
Despite admitting to its biggest civilian harm incidents in years, the U.S. military has not accounted for dozens of victims from 2025. -
The Insurrection Act Is No Exception to the Troops-at-Polls Ban
Congress restricted military deployments to election sites, even when a broader deployment authority might otherwise apply. -
Introducing ‘Posting Through the Singularity’
A new semi-regular column of essays on law and computation, not quite ready for Substack -
Changing China’s Cyber Calculus
The U.S. needs a strategy to counter China’s leverage in cyberspace. -
How Export Controls Can—and Cannot—Reduce the Risks of Open-Weight Models
Once model weights are published, developers lose control. Export controls can still work—but only at the right chokepoints. -
The AI Threat We’re Not Talking About
AI employees are raising concerns about an extinction-level event. But there’s a more immediate threat. -
Parsing the UN Fact-Finding Mission’s Report on U.S. Strikes in Iran
The UN Fact-Finding Commission concludes that the United States has committed war crimes. It could have said more to make a convincing case. -
America’s Samurai Myth
Reconsidering Obama’s Syria red line and its lessons for Iran. -
The Week That Was
Your weekly summary of everything on the site. -
The FBI Data Breach Is a Counterintelligence Disaster
Hackers stole thousands of FBI employees’ data, including about new hires and people in sensitive roles. It’s like giving a foreign adversary a gold mine. -
The Full Stack of U.S.-China Cyber Competition
A review of Ahana Datta Fasel, “Full Stack Spies: Cyber Espionage in the Age of US-China Competition” (Hurst, 2026).
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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.
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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. -
The Return of Schedule F
The Trump administration has proposed new rules to remove due process protections for thousands of federal employees.
Documents
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White House Releases Executive Order Declaring a National Emergency Regarding the Electrical Grid
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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
The Lawfare Podcast 
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Lawfare Daily: The Trump-Xi Summit and U.S.-China AI Competition
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Lawfare Daily: The Remaking of the Department of Defense
How is the Trump administration remaking the Pentagon? -
Lawfare Daily: Did Washington Walk Into Beijing’s Trap? Xi’s State Visit with Jonathan Czin
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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.
