Law, Courts & Regulations
In late June and early July, Iranian hackers stole information from Donald Trump’s presidential campaign and sent it to Biden campaign officials, according to the Office of the Director of National In...
On Tuesday, Special Counsel Jack Smith unveiled a superseding indictment of Donald Trump in Washington, D.C., for his effort to overturn the 2020 election. Trump, for his part, didn’t wait long to wei...
In retrospect, the most consequential part of the oral argument in Trump v. United States —or “the presidential immunity case” —took place early in what became a marathon hearing . Chief Justice John ...
On Dec. 1, a three judge panel for the D.C. Circuit ruled in Blassingame v. Trump that former President Donald Trump can be sued for civil damages for inciting the Jan. 6 attack on the U.S. Capitol. T...
The COVID-19 pandemic will fundamentally change the 2020 election. How can the U.S. protect the election while ensuring public health? It is quickly becoming apparent that the COVID-19 pandemic will f...
The Electronic Communications Privacy Act of 1986 (ECPA) was designed to protect the privacy of electronic communications while providing a clear framework for law enforcement access to user data. But...
Should police be able to search millions of users’ data to find a suspect? Reverse searches show why the law needs limits. Law enforcement increasingly conducts “reverse searches”—requests that ask on...
To answer the question of whether the United States needs a new domestic terrorism statute, we first have to explore how well, if at all, seditious conspiracy is already performing as a substitute. Do...
Afghanistan loomed large during the first Trump administration. President Trump spoke frequently about ending the era of “forever wars” during his first term, and in February 2020, his administration ...
An astonishing ruling, and one that creates splits on two different issues. Editor's note: This piece is cross-posted with The Volokh Conspiracy in Reason . Once in a while there is a court ruling on ...
The Uniform Code of Military Justice does not clearly limit disobedience of lawful orders from the president or secretary of defense. If a future U.S. president were to order a nuclear attack on a tar...
On July 1, the U.S. Supreme Court issued its long-awaited presidential immunity decision in the sure-to-be-landmark Trump v. United States case . Though the majority opinion raised significant and tro...
In February, Secretary of Defense Pete Hegseth fired the chairman of the Joint Chiefs of Staff, the chief of naval operations, the vice chief of staff of the Air Force, and the three service judge adv...
On Jan. 20, 2025, Donald Trump will regain his responsibility as commander in chief of the U.S. armed forces. There are many reasons to be concerned about the next phase of this stewardship: from his ...
It could have been worse for the Justice Department. On June 28, the U.S. Supreme Court did what many commenters had been fearing for almost three years: It barred—or at least pared back —the departme...
The fired lawyers are mainly thirty-somethings who had been slated to prosecute street crime in the District. Since the inauguration, President Trump’s Justice Department has already fired , punitivel...
Kyle Cheney, Senior Legal Affairs Reporter for Politico, discusses his recent Politico article on the legal and political landmines threatening the criminal prosecutions of rioters involved in the Jan...
On June 28, the Supreme Court released its opinion in Fischer v. U.S., narrowing the interpretation of an obstruction statute, 18 U.S.C. § 1512(c)(2), used by the Department of Justice to charge over ...
It’s a cool September morning in Washington, D.C., where the prosecution of U.S. v. Donald J. Trump is set to lurch back to life after nearly nine months of being frozen in amber. On Dec. 7, 2023, the...
Today at 3 p.m. ET, Lawfare Editor-in-Chief Benjamin Wittes will sit down with Lawfare Senior Editors Quinta Jurecic and Roger Parloff for a live discussion of the Supreme Court's opinion released thi...