Putting Press Freedom to the Test
The FBI’s search on a Washington Post reporter’s home raises questions about the protections afforded to journalists in leak cases.
The AI Preemption Executive Order’s BEAD Strategy Faces Steep Legal Hurdles
BEAD—a statute about deploying service and connecting locations—never mentions AI and lacks the clarity these interpretative canons require.
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Interpreting Claude’s Constitution
Anthropic’s guidelines for AI development offer a novel approach to training frontier models and, perhaps, shaping AI governance.
America Needs a New Nuclear Nonproliferation Toolkit
The diplomatic tools the United States has historically depended on to counter proliferation are losing their edge. Adaptation is key.
The Situation: “Evident Clinical Symptoms”
There is no magic bullet solution to a deranged president.
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The Right Standard for Ultra Vires Claims
What standard of review should apply when a party argues that the government is acting in excess of its statutory authority?
Searching for the Crime in Fed Chair Powell’s Testimony
Though there’s stiff competition, U.S. Attorney Pirro’s grand jury probe may be this administration’s most abusive yet.
Highlights
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Putting Press Freedom to the Test
The FBI’s search on a Washington Post reporter’s home raises questions about the protections afforded to journalists in leak cases. -
The AI Preemption Executive Order’s BEAD Strategy Faces Steep Legal Hurdles
BEAD—a statute about deploying service and connecting locations—never mentions AI and lacks the clarity these interpretative canons require. -
Interpreting Claude’s Constitution
Anthropic’s guidelines for AI development offer a novel approach to training frontier models and, perhaps, shaping AI governance. -
America Needs a New Nuclear Nonproliferation Toolkit
The diplomatic tools the United States has historically depended on to counter proliferation are losing their edge. Adaptation is key. -
The Situation: “Evident Clinical Symptoms”
There is no magic bullet solution to a deranged president. -
The Right Standard for Ultra Vires Claims
What standard of review should apply when a party argues that the government is acting in excess of its statutory authority? -
Searching for the Crime in Fed Chair Powell’s Testimony
Though there’s stiff competition, U.S. Attorney Pirro’s grand jury probe may be this administration’s most abusive yet. -
The Merit System Protection Board’s Independence Is Dead
The adjudicatory agency tasked with hearing employment disputes is a shell of its former self. -
Trump’s Grand Conspiracy Delusion
The Grand Conspiracy is a conspiracy theory, not a real legal theory. -
The Week That Was
Your weekly summary of everything on the site. -
America’s History of Fear-Based Governance
A review of Patrick G. Eddington, “The Triumph of Fear: Domestic Surveillance and Political Repression from McKinley to Eisenhower” (Georgetown University Press, 2025). -
The U.S. Heel Turn on International Cooperation
The U.S.’s withdrawal from international multistakeholder fora undermines human rights, global governance, and U.S. strategic interests. -
China Fights Scam Compounds … For China
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare. -
The Situation: A Temper Tantrum in a Legal Brief
Even when the Justice Department is right, it manages to behave with wild impropriety. -
Zelensky Announces Government Overhaul
The Ukrainian president appoints a new chief of staff and defense minister, pledges reforms.
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Featured Podcast
Live Coverage
For real-time updates of Lawfare’s coverage of the Trump administration’s legal challenges, follow on Bluesky or below:
What's Old Is New Again
With every new administration comes new promises and new actions on national security. But what’s “new” has often been proposed or even tried before—which means there’s a good chance Lawfare has already analyzed some of the legal and policy implications they present. So we’re making that past content readily accessible as it becomes newly relevant.
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Using Force Against Mexican Drug Cartels: Domestic and International Law Issues
Executive branch lawyers could argue that using force against cartels would be consistent with past presidential uses of force, but it would be very difficult to defend under international law. -
My Lloyd Cutler Rule of Law Lecture: "Law and the Use of Force: Challenges for the Next President"
Read John Bellinger's Lloyd Cutler Lecture on Rule of Law at the Supreme Court. -
Lawfare Daily: DOGE’s Attack on the Treasury Department
Why is it so alarming to have political appointees accessing BFS systems?
Documents
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Trump Administration Releases Legal Opinion on Maduro Capture, Attacks on Venezuela
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Sen. Kelly Sues Department of Defense Over Disciplinary Actions
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Trump Orders U.S. Withdrawal from International Organizations and Treaties
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Justice Department Unseals Superseding Indictment in Maduro Case
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House Judiciary Committee Releases Jack Smith Deposition Transcript
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Executive Order Designates Fentanyl as Weapon of Mass Destruction
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Trump Signs Executive Order to Preempt State AI Laws
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OMB Releases Guidance on Trump’s ‘Woke AI’ Executive Order
The Lawfare Podcast 
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Lawfare Daily: Trump's Board of Peace and What's Next for Gaza, with Joel Braunold
What is the status of the Gaza ceasefire? -
Lawfare Daily: Grand Conspiracy with Molly Roberts
What is the "grand conspiracy" that is the subject of a grand jury probe in Florida? -
Lawfare Daily: The Trials of the Trump Administration, Jan. 16
Listen to the Jan. 16 livestream as a podcast.
Other Lawfare Podcasts
Other Podcasts
Videos & Webinars
Lawfare Lecture: The Making of the MAGA New Right with Dr. Laura Field, Lecture 3
Watch the third class of the lecture series.
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Lawfare is a non-profit multimedia publication dedicated to “Hard National Security Choices.” We provide non-partisan, timely analysis of thorny legal and policy issues through our written, audio, and other content—all of which you can find here.
