A bunch of people have told me over the last week that they have been at least somewhat reassured by Jack Goldsmith’s piece last week on “libertarian panic” and the Trump presidency—as, indeed, was I.

It didn’t take long after Trump’s unexpected election as the 45th president of the United States for the encryption debate to reemerge.

As a national security blog, Lawfare, has more or less ignored issues relating to immigration. To be sure, the issue of immigration intersects with the question of border control (that, after all, is wh...

President-Elect Trump kept busy over the Thanksgiving holiday with the announcement of more high-level national security appointments: Governor Nikki Haley as Ambassador to the United Nations, Donald McG...

The internet has been buzzing with news and speculation regarding state election recounts and a movement to audit voting results. Last week, accounts emerged that well-respected researchers had found ind...

Last summer, I pointed out that U.S. law already authorizes the President to impose targeted economic sanctions to deter or punish Chinese aggression in the South China Sea. That none were imposed, howev...

The debate over the unprecedented conflicts of interest created by President-elect Donald Trump’s financial empire is at an impasse, perhaps in part because we have adopted a narrow understanding of what...

The other day President-Elect Trump released a video summarizing his plans for the first 100 days in office. Little noticed or remarked upon was his commitment (see 1:45 in the video) to ask the Departm...

Since Donald Trump’s election as president, I have had more than my share of inquiries from current and aspiring Justice Department attorneys about the ethics of service under the new President-elect. Th...

Since Donald Trump’s election two weeks ago, we have witnessed—on the pages of Lawfare, and throughout mainstream and social media—what my colleague Adrian Vermeule once described as “libertarian panic.”...

During the course of his campaign, President-elect Donald Trump made a series of deeply concerning statements about how he would use the power of his presidency to officially discriminate against Muslims.

On Day One of his presidency, Donald Trump has promised to rev up the deportation machinery. Up first, he says, are the “probably two million, it could be even three million,” criminal immigrants in the ...