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The 2021 NDAA, White Supremacy and Domestic Extremism
The NDAA created new programs for combating white supremacy and domestic terrorism, but it omits two important proposals included in earlier versions of the bill. The Biden administration should consider... -
Cyber ‘Deterrence’: A Brexit Analogy
How “imposing costs on our adversaries” has become the “Brexit means Brexit” of cyberspace. -
How to Make the National Cyber Director Position Work
It will fall on the incoming Biden administration to implement the new office—and a great deal of hard work lies ahead. -
Today’s Headlines and Commentary
Lawfare’s daily roundup of national security news and opinion -
Can a Former President Be Impeached and Convicted?
A response to Judge Michael Luttig. -
How Could Law Enforcement Have Investigated Before the Capitol Riot?
As more information becomes public about the violence at the Capitol, it’s helpful to understand the basic rules under which the government collects information in advance of events like those that took ... -
The Lawfare Podcast: David Kris on the NSA Annex
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Report Details Justice Department's Push to Separate Immigrant Families
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A Proposal for a Commission on the Capitol Siege
An attempt to sketch out the justification for a commission as well as the mandate, major areas of inquiry and legislative language that are needed to guide this effort. -
NSA Releases Appendix to Rules Governing SIGINT Collection
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Explaining the SIGINT Annex
Highlights from an overview of the NSA’s new document explaining the rules that govern the collection of signals intelligence. -
Cyberattack Attribution as Empowerment and Constraint
The US policy of “defend forward” and “persistent engagement” in cyberspace raises the stakes of this attribution question as a matter of both international and domestic law. -
Are There Shortcuts for the U.S. to Rejoin the Open Skies Treaty?
Various theories have been proposed for the U.S. to rejoin the Open Skies Treaty without presenting it again to the Senate for advice and consent to ratification; some are legally unsupportable, while ot... -
Fault Lines: Are We Bangui? Continued Crisis on Capitol Hill
The latest episode of Fault Lines -
Today’s Headlines and Commentary
Lawfare’s daily roundup of national security news and opinion -
Reassessing the Carter Administration 40 Years Later
A review of “His Very Best: Jimmy Carter, A Life” by Jonathan Alter (Simon & Schuster, 2020) -
The Lawfare Podcast: Jonathan Zittrain on the Great Deplatforming
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The Biden Administration and International Climate Change Policy and Action
President-elect Biden is expected to initiate the process of rejoining the Paris Agreement on Inauguration Day. But the hard part will be coming up with a quantitative statement of how and by how much U.... -
SolarWinds Is Bad, but Retreat From Defend Forward Would Be Worse
Russia launched SolarWinds—the latest in a long series of hostile Russian cyber operations—not because the U.S. has engaged too proactively in cyberspace. Quite the opposite; it did so, very simply, beca... -
Felony Murder and the Storming of the Capitol
Though the facts of precisely what happened at the Capitol are still coming to light, it seems likely that prosecutors could file felony murder charges against at least some of the rioters.
More Articles
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Mixed Signals on Alleged Alien Enemies
The Supreme Court insists on due process but offers no specifics and leaves hundreds in a Salvadoran prison with no remedy. -
Energy Dept. Instructs Employees to Gather Info on Deals with Law Firms
Emails obtained by Lawfare reveal that DOE instructed employees to gather information on business dealings between contractors and law firms. -
Lawfare Live: Trials of the Trump Administration, April 11
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump.