Latest in Campaign 2016

Campaign 2016

Legitimacy and the Rule of Law Under Donald Trump

Many writers on this site have highlighted why they are concerned about President-Elect Donald Trump’s becoming the Commander in Chief of our armed forces. I share almost all these concerns. But in this post, I will try to explain the concern I consider most significant: Trump’s campaign statements consistently indicate a complete failure to appreciate the importance of legitimacy in U.S. operations.


A Trump-China Reading List, and Unanswered Questions for his Asia Policy

Donald Trump’s policy approach toward China and the Asia-Pacific region is a story yet to be written. The only thing observers in the United States and around the world know for sure is that uncertainty has increased drastically since Monday in economic, geostrategic, and political ties across the Pacific. In the coming weeks and months, answers to several crucial questions will emerge at an unpredictable rate. In this post, I outline several of those questions and then provide an initial reading list for those analyzing potential policy futures for Trump in Asia.

Campaign 2016

Donald Trump, Nuclear Deterrence, and the Virtues of the Electoral College

I doubt anyone would pay much attention to my political opinions and it would be vain to assume otherwise. Most voters have their minds made up by now. But there are some subjects as to which I have some special expertise, some informed view that the reader might not get from some more general source.

So what do I have specially to contribute and how is it relevant to tomorrow’s election?

Campaign 2016

Lawfare on Campaign 2016

For almost exactly a year, Lawfare has been closely watching and commenting on the 2016 presidential campaign. As the campaign season finally draws to a close, below is a compendium of all the site’s election coverage, including Lawfare’s commentary on both candidates, Russian attempts to influence the election, and more. I have organized it all by subject matter.

Election Security

Campaign 2016

Cybersecurity Threats to American Elections

My colleague Ben Buchanan and I have written a paper on cybersecurity threats to American elections. While we examine operations that try to influence American voters—like the much-publicized hack of various Democratic Party entities—we also examine threats to voting infrastructure itself. We consider the motivations of hackers for targeting elections, the plausible threats to election security, and the effects of real and perceived manipulation.

Criminal Law: Procedural

Did the Fourth Amendment Require the FBI to Selectively Seize Weiner’s Emails?

Recent news reports indicate that the FBI has obtained a warrant to search a cache of emails belonging to Hillary Clinton aide Huma Abedin. The emails were discovered in the course of an “unrelated case” involving Abedin’s now-estranged husband, Anthony Weiner, who is under investigation for allegedly sexting with an underage girl.

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