Latest in Executive Branch
Published by The Lawfare Institute in Cooperation With 
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The Lawfare Podcast: Lidsky and Koningisor on First Amendment Disequilibrium
Why is the press at a First Amendment disadvantage? -
The Interesting History and Opportunity of Biden’s Evolution on War Powers
Why Protect Democracy filed a Freedom of Information Act (FOIA) request with the Biden administration demanding the release of its legal justification for ongoing military action in Yemen. -
Section 3 Disqualification Answers—and Many More Questions
The Supreme Court’s ruling in Trump v. Anderson punts several questions about disqualifying Donald Trump under Section 3 of the 14th Amendment. -
Double Dispatch: Friday’s Hearings in South Florida and Fulton County
Five hundred miles apart, two courts held major hearings in Trump criminal cases. -
Biden’s Sensitive Data EO Takes an Important Step
Rather than continue waiting for Congress to act, the executive branch is right to pursue measures targeting some of the lowest-hanging national security risks posed by data brokerage. -
It’s Time for Congress to Protect the Classified Records of Former Presidents and Vice-Presidents Because They Won’t
Simply put, the Presidential Records Act was not written with classified information in mind. -
White House Releases Executive Order Restricting Bulk Sale of Personal Data
The order is intended to protect against the “growing exploitation” of Americans’ sensitive personal data. -
The Lawfare Podcast: Sanctions Past, Present, and Future with OFAC Director Brad Smith
How has the Biden administration used economic sanctions? -
Limiting Data Broker Sales in the Name of U.S. National Security: Questions on Substance and Messaging
A sweeping new executive order reveals a much bigger policy shift worth unpacking. -
Judge Aileen Cannon: Champion of the Public’s Right of Access to Court Documents—Containing Names of Witnesses Against Trump
Why she may retract—or the Eleventh Circuit may reverse—her Feb. 6 order to unseal the identities of prospective witnesses against Trump in the Mar-a-Lago case. -
The Insignificance of Trump’s “Immunity From Prosecution” Argument
If and when the Supreme Court decides to hear the case, the stakes will be far less momentous than many observers might assume, because the answer to the immunity question matters very little for Trump’s... -
The Special Counsel Is Right to Oppose Trump’s Delay Strategy
There is plenty in the public interest counseling in favor of speedy resolution of this case.
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