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The Case Against IEEPA Tariffs
Forcing Trump to use trade statutes—or to go to Congress to seek new authorities—would be more consistent with IEEPA’s history and practice. -
Trump’s Sacking of PCLOB Members Threatens Data Privacy
The firing of Democratic members of the Privacy and Civil Liberties Oversight Board is a danger to civil liberties and trans-Atlantic data flows. -
Lawfare Daily: How the Trump Administration is Using the Military to Enforce Its New Immigration Policies
What steps have the administration taken so far? -
Breaking Down OPM’s ‘Fork in the Road’ Email to Federal Workers
Though the subject line borrows a phrase from Musk’s Twitter email, the federal government is not a private company, and its HR policies are arcane and legally binding. -
D.C. Circuit Hears Oral Argument on Guantanamo Pleas
A dispatch from the U.S. Court of Appeals for the D.C Circuit on the Guantanamo plea agreements. -
The Trump Defense Department’s First Border Deployment: A Return to the Past
Trump’s first southern border deployment retreads old ground and almost certainly relies on non-emergency authorities, many of which were also employed by the Biden administration. -
Trump Issues Memorandum to Detain Migrants at Guantanamo
The president directs the secretaries of defense and homeland security to expand the migrant operations center to “full capacity.” -
The Patel Dossier
Everything you want to know about Kash Patel—and so very much more. -
Prosecuting Journalists Complicates Biden’s Press Freedom Legacy
During the Biden administration, the Justice Department pursued criminal cases that threatened to criminalize newsgathering and undermine journalist protections. -
Lawfare Daily: Understanding the Impoundment Crisis
What is going on with the federal government funding freeze? -
ChinaTalk: DeepSeek: What It Means and What Happens Next
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Rational Security: The “Don’t Cry for Me, Lawfare” Edition
Scott Anderson, Kevin Frazier, Eugenia Lostri, and special guest Peter Harrell dived deep into the week’s national security news. -
Sanctuary, Supremacy, History, and the Deep Country
The Trump administration lacks the legal power to coerce state and local authorities to enlist in its deportation campaign—and ignores the history of similar failed efforts. -
Lawfare Daily: Peter Hyun on the Tech Supply Chain and National Security
What are the FCC’s data security and cybersecurity enforcement authorities? -
The Trouble With AI Safety Treaties
The key to global AI safety is continued American leadership in AI innovation, not more international treaties. -
The Situation: The Stakes in Those Justice Department Firings
What does ousting career prosecutors have to do with the nomination of Kash Patel? -
Trump Executive Order Targets Transgender Service Members
The order reverses a 2021 Biden administration directive allowing transgender troops to serve openly—which itself had overturned an earlier ban from the first Trump administration. -
A Primer on the Impoundment Control Act
Refusals to undertake required spending are already a major theme of Trump’s second term, but the law limits such executive action. -
Trump Orders Pause on Federal Financial Assistance
The memorandum directs agencies to pause funding and conduct a review of programs implicated by executive orders. -
Lawfare Live: Patel, Gabbard, and Kennedy Confirmation Hearings
Watch the discussion on Jan. 30 at 4 pm ET.
More Articles
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The Unitary Artificial Executive
Previous expansions of presidential power were still constrained by human limitations. Artificial intelligence eliminates those constraints. -
Rational Security: The "Tyler's Revenge" Edition
Scott Anderson, Ari Tabatabai and Tyler McBrien talked through the week’s big news in national security. -
The Case Against Unbounded Delegation in Trump v. V.O.S. Selections
Unlike IEEPA, all foreign affairs delegations mentioned in the Court’s canonical Curtiss-Wright decision were cabined delegations.
