Donald Trump
Whither the Trump Financial Documents Cases?
Quinta Jurecic, Bryce Klehm Tue, Mar 2, 2021, 8:01 AM
Remember Donald Trump’s tax returns?
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Appointments
Republican Senators Question Merrick Garland: Missives From an Alternative Universe
Benjamin Wittes Tue, Feb 23, 2021, 1:50 PMThe hearing was polite, informative and moving—and nonetheless reflected the post-truth world in which Republican senators choose to live.
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Department of Justice
How Do You Solve a Problem Like John Durham?
Benjamin Wittes Fri, Dec 4, 2020, 3:11 PMWilliam Barr has played a dirty trick on his successor—one that will put the next attorney general in a genuine bind.
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Foreign Policy Essay
What the UAE Weapons Deal Says About the United States and Its Alliances
Raphael S. Cohen Sun, Feb 28, 2021, 10:01 AMWhen U.S. partners "do their fair share," they're also more likely to pursue independent foreign policies.
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First Amendment
Eighth Circuit Strikes Down Arkansas’s Anti-BDS Law
Elliot Setzer Mon, Mar 1, 2021, 1:11 PMA federal appeals court ruled that a state statute requiring government contractors to pledge not to boycott Israel violates the First Amendment. What’s in the decision?
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Jan. 6, 2021 Violence in the Capitol
Was Jan. 6 an Intelligence Failure, a Police Failure or Both?
Rohini Kurup, Benjamin Wittes Mon, Mar 1, 2021, 3:45 PMTestimony last week from former Capitol security officials raises important questions about the FBI’s performance of its own function.
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War Powers
President Biden’s Inaugural War Powers Report
John Bellinger Mon, Mar 1, 2021, 9:18 AMOn Feb. 25, Biden ordered airstrikes against targets in eastern Syria. His subsequent letter to Congress under the War Powers Resolution is notable in several ways.
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Policing in America
What Is Qualified Immunity, and What Does It Have to Do With Police Reform?
Nathaniel Sobel Sat, Jun 6, 2020, 12:16 PMThe protests ignited by the police killing of George Floyd have put a spotlight on the legal doctrine of qualified immunity—one of many structural factors that makes it difficult to hold police officers accountable for wrongdoing.
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Jan. 6, 2021 Violence in the Capitol
Suing Trump Over the Capitol Riot: A Preliminary Assessment
Scott R. Anderson, Joshua Braver, Alan Z. Rozenshtein Fri, Feb 26, 2021, 11:47 AMUnder a Reconstruction-era statute, a new lawsuit aims to hold former President Donald Trump and others responsible for the events of Jan. 6. But can it succeed?
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Coronavirus
Can the Federal Government Override State Government Rules on Social Distancing to Promote the Economy?
Robert Chesney Tue, Mar 24, 2020, 5:16 PMA wary president eyes the economic fallout from social-distancing measures that states have adopted in a bid to flatten the curve. If he wants to do more than just advocate against them, what then?
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Climate Change and Security
The Real Lesson of the Texas Power Debacle
Laura DeNardis, Gordon M. Goldstein Mon, Mar 1, 2021, 1:28 PMWhat happened in Texas should be a warning of what Americans will face from the next generation of the internet and the new realm of cybersecurity risk it will dramatically amplify.
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American Foreign Policy
Civil Society Should Be at the Center of Foreign Policy
Jon Temin Mon, Mar 1, 2021, 8:01 AMIn an era of democratic backsliding, governments are increasingly disconnected from citizens. The Biden administration should elevate engagement with civil society in response.
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Facebook Oversight Board
The Oversight Board Moment You Should’ve Been Waiting For: Facebook Responds to the First Set of Decisions
Evelyn Douek Fri, Feb 26, 2021, 1:00 PMFacebook said it committed to action as a result of nearly two-thirds of the FOB’s recommendations. This is too rosy a picture, but the responses do show promise and the value of a more open dialogue about content moderation.
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Section 230
Back to the Future for Section 230 Reform
Mark MacCarthy Tue, Mar 2, 2021, 11:54 AMThe notice and takedown system rejected in 1997 might be a way forward.
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The Week That Will Be
The Week That Will Be
William Ford, Victoria Gallegos Mon, Mar 1, 2021, 11:45 AMLawfare's weekly roundup of event announcements and employment opportunities.
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Donald Trump
Full Text of the Mueller Report's Executive Summaries
Lev Sugarman Thu, Apr 18, 2019, 3:41 PMEditor’s Note: Below are the executive summaries of the two volumes of Special Counsel Robert Mueller's final report. Volume I deals with links between Russia and the Trump campaign, while Volume II deals with potential obstruction of justice by President Trump. This article is available in audio format on the Lawfare Podcast: Special Edition:
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Cybersecurity and Deterrence
Register Here for U.S. Cyber Command's Annual Legal Conference
Robert Chesney Mon, Mar 1, 2021, 4:39 PMU.S. Cyber Command is hosting its annual legal conference this Thursday (March 4th), and all are welcome to (virtually) attend.
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Policing in America
Can Law Enforcement Officers Refuse to Identify Themselves?
Rachel Brown, Coleman Saunders Fri, Jun 12, 2020, 12:46 PMIt’s complicated.
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Federal Law Enforcement
Thoughts on the Horowitz Report, Part III: The FISA Findings
Benjamin Wittes Wed, Jan 15, 2020, 11:34 AMThe inspector general’s findings on the Carter Page FISA applications are actually worse than the president’s defenders understand—precisely because Michael Horowitz did not find any kind of political conspiracy.
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India
Why Are Farmers Protesting in India?
Rohini Kurup Thu, Feb 18, 2021, 2:18 PMThe protests expose the limits of Prime Minister Narendra Modi’s strongman politics and the decline of Indian democratic institutions. They may be the largest challenge for Modi since he came into power in 2014.