Legal

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The Lawfare Podcast: El Salvador’s President Cracks Down on Gangs—and Democracy

Since March 2022, El Salvador has been under a state of exception as its President Nayib Bukele seeks to crack down on the country’s powerful gangs. Bukele, who once described himself on Twitter as th...

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The Lawfare Podcast: Pleas Please Me, Jenna Ellis

Another morning, another surprise plea deal in Fulton County Superior Court. It was Jenna Ellis this time, in front of Judge Scott McAfee, pleading out of the Fulton County election interference case....

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The Lawfare Podcast: Sam Lebovic on the Espionage Act's Unlikely History

Former President Trump’s prosecution for mishandling classified documents at his Mar-a-Lago estate has brought an old law back to the front pages—the Espionage Act. Enacted more than a century ago, pa...

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To Gag or Not to Gag: A First Amendment Showdown in the Jan. 6 Case

A dispatch from Judge Tanya Chutkan’s gag order hearing Editor’s note: The following is a dispatch from a hearing held on Oct. 16, the latest episode in Lawfare’s series of dispatches on the ongoing J...

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The Lawfare Podcast: The Judicial Revolution Is Here

The first phase of Israel's judicial overhaul is now law. Huge numbers of people are in the streets, reservists are resigning, the stock market is tanking, and Lawfare Editor-in-Chief Benjamin Wittes ...

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Three Big Cases in Israel's September to Remember

Between the beginning of the school year and the high holidays, September is usually a relatively tranquil time in Israeli politics, especially since the Knesset is in summer recess until mid-October ...

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Reversing the “Constitutional Revolution”: The Israeli Government’s Plan to Undermine the Supreme Court’s Judicial Review of Legislation

The Israeli Knesset exercises both ordinary and constitutional law-making powers. In the latter capacity, it passes “ basic laws ,” which are meant to be chapters of a future Israeli constitution. Sti...

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Addressing the Effects of Civilian Targeting: Lessons from Syria for Ukraine

Russia is applying the lessons of its campaign against civilians in Syria to the conflict in Ukraine. The humanitarian response can learn from the Syrian conflict, too. Editor’s Note: Even if the figh...

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A Battle for Better Information

For more than a decade, I have watched and studied how innocent people—the parents of shooting victims , humanitarian responders , public health workers , and election officials —come under attack onl...

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Notes on the Jan. 6 Committee’s Notes

The Jan. 6 select committee showed its work—enabling marginal comments, reality checks, and tantalizing hints at what the committee couldn’t prove. The first thing that struck me in reading the execut...

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A French Perspective on Elon Musk’s Twitter

Musk assured European leaders that Twitter will comply with European regulations. However, it is doubtful that he will accept all the constraints of the European rules and that Twitter will have the c...

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Everything You Ever Wanted to Know About Georgia Special Purpose Grand Juries But Were Afraid to Ask

What the heck is the weird institution that’s investigating Donald Trump in Fulton County? Listen to the author discuss this piece with our Editor in Chief on the Lawfare Podcast. Fulton County distri...

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On Strategy, Law, and Morality in Israel’s Gaza Operation

With the possible exception of the Demilitarized Zone in the Korean peninsula, there is no geographic line in the world across which life changes more dramatically over a shorter distance than the bor...

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Judge Cannon Issues Another Troubling Order in Mar-a-Lago Case

Editor’s Note: This article originally appeared on the author’s Substack . On Aug. 7, in the U.S. District Court for the Southern District of Florida’s version of United States v. Trump , Judge Aileen...

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Governments and International Organizations Leave the Record Uncorrected

Their performance in response to last week’s Gaza hospital explosion was far worse than that of the New York Times. In the immediate aftermath of an explosion at the Al-Ahli Baptist Hospital in Gaza l...

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Docket Watch Trump Prosecuted in DC | Lawfare

United States of America v. Donald J. Trump On Aug. 1, 2023, a federal grand jury voted to indict former President Donald Trump in connection with the Jan. 6 attack on the U.S. Capitol and his alleged...

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The End of ‘Reasonable’ Governance in Israel?

Under current Israeli administrative law, the Supreme Court may strike down patently unreasonable decisions of the executive branch, which run contrary to human rights or good governance. The new gove...

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The FISA Section 702 Debate Intensifies

In 2008, Congress amended the Foreign Intelligence Surveillance Act (FISA) by adding Section 702, allowing the U.S. government to acquire critically important intelligence from foreign targets using U...

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Judge Cannon Holds a Hearing

It’s Tuesday afternoon, and I’m seated among a throng of spectators in a courtroom at the Alto Lee Adams, Sr. federal courthouse in Fort Pierce, Florida. We sardines packed into the only two rows of s...

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In Fulton County, Fear Not Removal

To hear many pundits discuss the question of Mark Meadows’s motion to “remove” the Fulton County election interference case to federal court, you’d think it posed a straightforward question. “Even tho...

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