Sanctions
What’s in the Executive Order on Election Interference?
Ed Stein Wed, Sep 19, 2018, 11:26 AM
On Sept.
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Transition 2020
How Hard Is It to Overturn an American Election?
Benjamin Wittes Wed, Nov 11, 2020, 1:59 PMTrump’s postelection shenanigans aren’t going to overturn the results. Here’s why they’re dangerous anyway.
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Election Security
In Praise of Chris Krebs
Susan Hennessey, Rohini Kurup, Benjamin Wittes Fri, Nov 20, 2020, 3:11 PMKrebs, the first director of the Cybersecurity and Infrastructure Security Agency, was able to serve in a political position under President Trump without compromising his integrity. He made a significant contribution.
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Federal Law Enforcement
The Durham Investigation: What We Know and What It Means
Jack Goldsmith, Nathaniel Sobel Thu, Jul 9, 2020, 9:58 AMThe investigation as it developed should not have been conducted by a federal prosecutor, and Attorney General Barr’s public commentary has seriously (and somewhat mysteriously) damaged the credibility of whatever Durham uncovers.
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Transition 2020
The President's Daily Brief and Presidents-Elect: A Primer
David Priess Tue, Nov 17, 2020, 1:36 PMWhy isn't the intelligence community sharing the President's Daily Brief with Biden?
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Unfiled
Alexander Vindman Joins the Lawfare Team
Benjamin Wittes Fri, Nov 13, 2020, 2:14 PMThe former Army lieutenant colonel and National Security Council staffer becomes the first Pritzker Military Fellow at the Lawfare Institute.
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Executive Power
Self-Pardons: The President Can't Pardon Himself, So Why Do People Think He Can?
Philip Bobbitt Wed, Jun 20, 2018, 2:53 PMThere appears to be some confusion surrounding the question of whether a president can pardon himself. There are many judgments to be drawn from the familiar forms of legal argument—history, text, structure, prudence, doctrine and ethos—all of which cohere around the conclusion that such a pardon is not constitutionally permissible, a conclusion also reached by the Office of Legal Counsel (OLC). These arguments are discussed in more detail in “Impeachment: A Handbook,” by Charles L. Black, Jr. and Philip Bobbitt, forthcoming from Yale Press in September.
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National Security Agency (NSA)
How Did a Trump Loyalist Come to Be Named NSA General Counsel—And What Should Biden Do About It?
Susan Hennessey Fri, Nov 13, 2020, 10:04 AMTrump political appointee Michael Ellis has been named to an important career position. Congress should investigate the suspicious circumstances of the selection, and the Biden transition should think carefully about what to do on Jan. 20.
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China
It’s Only a Matter of Time Before China Detains U.S. Executives
Bill Priestap, Holden Triplett Fri, Nov 20, 2020, 10:41 AMThe Chinese Communist Party uses the full spectrum of law enforcement actions to exert leverage. And detaining an American on business could provide political and economic advantages.
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Counterterrorism
The Death of Ayman Al-Zawahri and the Future of Al-Qaida
Daniel Byman Thu, Nov 19, 2020, 11:18 AMIf Al-Qaida leader Ayman al-Zawahri is in fact dead, where will al-Qaida go next and what kind of movement will Zawahri’s successor inherit?
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U.S. Supreme Court
State Legislatures Can’t Ignore the Popular Vote in Appointing Electors
Lawrence Lessig, Jason Harrow Fri, Nov 6, 2020, 11:20 AMThe Supreme Court has unanimously undercut the core premise to this argument.
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Campaign 2020
How to Resolve a Contested Election, Part 2: How Congress Counts the Electoral Votes
Scott R. Anderson Thu, Oct 22, 2020, 11:10 AMThe electoral votes have been cast, and now it’s time for Congress to decide how they should be counted—assuming it can get its own house in order first.
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Transition 2020
The State Laws Governing Trump’s Power Grab in Michigan
Elizabeth McElvein Sun, Nov 22, 2020, 8:05 PMMichigan law concerning the Board of State Canvassers suggests that President Trump’s effort to halt certification won’t amount to much.
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Campaign 2020
The State Laws That May Decide a Disputed 2020 Election
Richard Altieri, Scott R. Anderson, Todd Carney, Eric Halliday, Christie Mayberry, Nathaniel Sobel Fri, Oct 2, 2020, 12:06 PMStates are the first line of defense in election-related disputes. But will they be able to prevent a constitutional crisis?
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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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Foreign Policy Essay
No Shortcuts to Negotiating With al-Shabaab
Tricia Bacon Sun, Nov 22, 2020, 10:01 AMThe new secretary of defense's attempt to open negotiations with the Somalia-based al-Qaeda affiliate raises the question: Does the United States have conditions for negotiating with terrorist groups?
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Defense Production Act
Understanding Trump’s Invocation of the Defense Production Act for Meat
Stephanie Kelemen Wed, Nov 18, 2020, 11:36 AMWhy did problems in meat production lead the president to invoke a statute designed to preserve the nation’s security?
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Congress
A Collusion Reading Diary: What Did the Senate Intelligence Committee Find?
Todd Carney, Samantha Fry, Quinta Jurecic, Jacob Schulz, Tia Sewell, Margaret Taylor, Benjamin Wittes Fri, Aug 21, 2020, 4:41 PMOur summary of the Senate Intelligence Committee’s final report on Russian interference in the 2016 election.
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Campaign 2020
How to Resolve a Contested Election, Part 1: The States and Their Electors
Scott R. Anderson Tue, Oct 20, 2020, 3:25 PMThe process for selecting a new president begins with the states—and they may play a decisive role in resolving any disputes that might arise in 2020.
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Water Wars
Water Wars: Shadowboxing in Taiwan and the Senkakus
Sean Quirk Tue, Nov 17, 2020, 8:33 AMTension around “Fortress Taiwan,” concern for the Senkakus, and naval exercises in the South China Sea.