Lawfare

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Straight-shooting information and analysis at the intersection of national security, law, and policy.

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On Lawfare Daily, David Rubenstein, Dean Ball, Alan Rozenshtein, and Kevin Frazier discuss a novel and wide-reaching AI bill, SB 1047, pending before the California State Assembly and AI regulation more generally. www.lawfaremedia.org/article/lawf...

Lawfare Daily: David Rubenstein, Dean Ball, and Alan Rozenshtein on AI Federalismwww.lawfaremedia.org What's in AI bill SB 1047 pending before the California State Assembly?

NetChoice and Murthy have set the paradigm through which the Court will evaluate social media regulations—and will change the way governments try to influence social media policy, writes Kellen Dwyer. www.lawfaremedia.org/article/five...

Making Sense of the Supreme Court’s Social Media Decisionswww.lawfaremedia.org Neither case reached the merits. But NetChoice and Murthy have set the paradigm through which the Court will evaluate social media regulations and will change the way governments try to influence soci...

At 11am ET, @nkorpett, @annabower.bsky.social, @qjurecic.bsky.social , @rparloff.bsky.social, and Ben Wittes discuss the recent SCOTUS immunity decision and its implications for the NY, DC, FL, and GA prosecutions on this week's Trump's Trials and Tribulations www.lawfaremedia.org/article/lawf...

Lawfare Live: Trump's Trials and Tribulations, July 5www.lawfaremedia.org Join the Lawfare team for a discussion of the trials of Donald Trump.

Though the NetChoice opinion is likely not the final word on the Texas and Florida laws, it’s an important statement that the Court will not set different rules for online and offline speech, writes Jeff Kosseff of the Future of Free Speech. www.lawfaremedia.org/article/in-n...

In NetChoice Cases, SCOTUS Reaffirms Limits to Government Intervention With Online Speechwww.lawfaremedia.org Though the opinion is likely not the final word on the Texas and Florida laws, it’s an important statement that the Court will not set different rules for online and offline speech.

Anupam Chander, Kyle Langvhardt, Alan Rozenshtein, and Kevin Frazier discuss the Supreme Court's decision in Moody v. NetChoice—which vacated the judgments of the 5th and 11th Circuits regarding laws enacted by FL and TX to regulate social media platforms. www.lawfaremedia.org/article/lawf...

Lawfare Daily: Anupam Chander, Kyle Langvhardt, and Alan Rozenshtein on the Supreme Court's Decision in Moody v. NetChoicewww.lawfaremedia.org Unpacking the complex opinion that includes several concurrences and a lot of open questions.

How should Israel respond to the ICC’s arrest warrants? @yuvalshany1 and @amichaic explain how Israel could achieve genuine domestic accountability and international complementarity through a commission of inquiry and a preliminary examination: www.lawfaremedia.org/article/in-s...

In Search of Complementarity: Israel’s Possible Responses to ICC Arrest Warrantswww.lawfaremedia.org If properly structured, both a commission of inquiry and a preliminary examination by the Israeli police could arguably meet existing complementarity standards.

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A decision of surpassing recklessness in dangerous times, with @qjurecic.bsky.social: www.lawfaremedia.org/article/a-de...

A Decision of Surpassing Recklessness in Dangerous Timeswww.lawfaremedia.org The Supreme Court’s decision in Trump v. United States would have been wrong and dangerous at any time. It’s uncommonly so with Trump poised to retake power.

“The standard sources of constitutional law do not permit a definitive answer to that question. And on the ultimate question of whether the Court’s decision was wise, only time will tell,” writes Jack Goldsmith on the Supreme Court's immunity decision. www.lawfaremedia.org/article/broa...

Broad Reflections on Trump v. United Stateswww.lawfaremedia.org The wisdom of the decision depends on unknowable future events.

The Supreme Court’s decision in Trump v. United States would have been wrong and dangerous at any time. It’s uncommonly so with Trump poised to retake power, write @qjurecic.bsky.social and Benjamin Wittes. www.lawfaremedia.org/article/a-de...

U.S. disaster strategy amounts to a pernicious cycle encapsulated by three words—Destroy. Rebuild. Repeat. In his latest piece for Lawfare, @marknevitt suggests a new strategy: “Inform, Retreat, Suspend.” www.lawfaremedia.org/article/dest...

Destroy, Rebuild, Repeat: Breaking the Climate-Disaster Cyclewww.lawfaremedia.org As a climate-destabilized future approaches, U.S. laws, policies, and incentives are failing to account for this risk.

The Supreme Court handed down a 6-3 decision in Trump v. United States, affording to former presidents absolute immunity for “core” executive functions, presumptive immunity for non-core official functions, and no immunity for unofficial conduct. www.lawfaremedia.org/article/the-...

The Supreme Court’s Presidential Immunity Decisionwww.lawfaremedia.org A summary of the Supreme Court opinions in Trump v. United States

On today’s Lawfare Daily, Ben Wittes, Quinta Jurecic, Anna Bower, Natalie Orpett, Roger Parloff, and Lee Kovarsky unpacked the Supreme Court's ruling that presidents enjoy some immunity from criminal prosecution in some circumstances. www.lawfaremedia.org/article/lawf...

Lawfare Daily: Are Former Presidents Immune From Criminal Prosecution? We’re Still Not Surewww.lawfaremedia.org The Supreme Court handed down its ruling in Trump v. United States, concerning the former president’s potential immunity from prosecution over his efforts to overturn the 2020 election.

Last week, our roving correspondent Anna Bower attended four back-to-back hearings over two days in Judge Cannon's courtroom in Trump's Mar-a-Lago classified documents case. Read her play-by-play dispatch, published moments ago: www.lawfaremedia.org/article/four...

Four Hearings and a Funding Streamwww.lawfaremedia.org A dispatch from Judge Cannon’s hearings on special counsel funding, modifying Trump’s bond conditions, attorney-client privilege, and Trump’s challenges to the validity of the warrant.

In NetChoice, SCOTUS decided that laws regulating social media platforms required a more comprehensive analysis of the facial challenges under the First Amendment, sending the cases back to the lower courts for further review. Read the order, from @julien_berman www.lawfaremedia.org/article/the-...

The Supreme Court Rules on Social Media First Amendment Caseswww.lawfaremedia.org The Court decided that laws regulating social media platforms required a more comprehensive analysis of the facial challenges under the First Amendment, sending the cases back to the lower courts for ...

Join us live at 2:00 p.m. EDT as @AnnaBower, @qjurecic, @lee_kovarsky, @nkorpett, @rparloff, and Benjamin Wittes break down today’s SCOTUS immunity decision in Trump v. United States: www.youtube.com/watch?v=f_Gr...

Lawfare Live: Discussing the SCOTUS Immunity Decisionwww.youtube.com YouTube video by Lawfare

Today, SCOTUS rules that presidents have absolute immunity from criminal prosecution for official acts, but did not rule whether the acts he was charged with in the DC indictment were official, sending the case back to the district court for further fact-finding: www.lawfaremedia.org/article/the-...

The Supreme Court Rules on Presidential Immunitywww.lawfaremedia.org The Court ruled that presidents enjoy absolute immunity from criminal prosecution for “official acts,” sending former President Donald Trump’s case back to the district court for fact-finding.

On today’s Lawfare Daily, @benjaminwittes.bsky.social, @qjurecic.bsky.social, and @rparloff.bsky.social unpack SCOTUS’s decision in Fischer v. U.S., narrowing the interpretation of an obstruction statute, 18 U.S.C. § 1512(c)(2), in 350+ Jan. 6 cases. www.lawfaremedia.org/article/lawf...

Lawfare Daily: Supreme Court Rules on Fischer v. United Stateswww.lawfaremedia.org Discussing how SCOTUS's ruling impact hundreds of Jan. 6 defendants

Yesterday, Joe Biden and Donald Trump faced off in the first 2024 presidential debate. Charlotte Armistead, Julien Berman, Robert Miller, and Simone Oberschmied described the candidates’ discussion of national security and foreign policy issues.

National Security and Foreign Policy Highlights from the June 2024 Presidential Debatewww.lawfaremedia.org The candidates discussed Jan. 6 and the wars in Ukraine and Gaza, among other topics.

ICYMI: Watch @benjaminwittes.bsky.social, @annabower.bsky.social, and @rparloff.bsky.social talk about the Monday and Tuesday hearings in the classified docs case, Justice Merchan's order striking parts of the gag order against Trump, and more on this week's Trump's Trials and Tribulations.

Lawfare Live: Trump's Trials and Tribulations, June 27youtube.com On June 27 at 3 p.m. ET, Lawfare Editor-in-Chief Benjamin Wittes will speak to Lawfare Courts Correspondent and Legal Fellow Anna Bower and Lawfare Senior E...

In 30 minutes, join @benjaminwittes.bsky.social, @rparloff.bsky.social, and @qjurecic.bsky.social for a discussion of the Supreme Court's decision in Fischer v. U.S., limiting the govt's use of an obstruction charge against Jan. 6 defendants, including former President Trump.

Lawfare Live: Discussing the Supreme Court's Fischer Decisionyoutube.com 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 ...

The 21st Shangri-La Dialogue featured notable addresses from Secretary of Defense Austin, among others, Korea hosted China and Japan for the Trilateral Summit, and more in the latest installment of “Water Wars," by Aaron Baum, Nikhita Salgame, Ania Zolyniak.

Water Wars: Officials and Analysts Gather in Asia for Shangri-La, Tri-lats, and Quad-latswww.lawfaremedia.org Contrasting rhetoric at the Shangri-La Dialogue; collision in the Second Thomas Shoal; Quad coordination; and more.

At 3pm ET today, @benjaminwittes.bsky.social will talk to @qjurecic.bsky.social and @rparloff.bsky.social about the Supreme Court's opinion in Fischer v. U.S., narrowing the interpretation of an obstruction statute used to charge over 300 Jan. 6 defendants, including former President Trump.

Lawfare Live: Discussing the Supreme Court's Fischer Decisionwww.lawfaremedia.org Join the Lawfare team today for a discussion of the Supreme Court's decision to weaken the use of an obstruction charge against Jan. 6 defendants

Today, the Supreme Court narrows the use of 18 U.S.C. § 1512(c), an obstruction charge, in its application to hundreds of Jan. 6 defendants, including former President Trump, in Fischer v. U.S. Read the order, from @katherinepomps.bsky.social.

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Yesterday, the Supreme Court handed down its decision in Murthy v. Missouri, the “jawboning” case, ruling that plaintiffs do not have standing. On Lawfare Daily, @benjaminwittes.bsky.social discussed the decision with @klonick.bsky.social and Matt Perault.

Lawfare Daily: The Supreme Court Rules in Murthy v. Missouriwww.lawfaremedia.org Discussing the Supreme Court's jawboning decision

This week's Seriously Risky Business looks at the U.S. government banning the Russian cybersecurity company Kaspersky, a ransomware attack against U.S. car dealerships, Julian Assange's plea deal, and more. Read the weekly newsletter by @tom.risky.biz:

Kaspersky Finally Evicted From the U.S.lawfaremedia.org The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare.

"Senior officials are human, busy and biased as all humans are. It often falls to junior officers to make them listen." Emily Harding breaks down recent revelations of Israeli intelligence failures in the lead-up to the Oct. 7 attacks.

Israeli Intelligence Misses Againwww.lawfaremedia.org Revelations of Unit 8200’s failure to warn about the Oct. 7 attacks suggests that the Israeli intelligence apparatus is far weaker than its reputation.

In 1 hour, @benjaminwittes.bsky.social will talk to @annabower.bsky.social and @rparloff.bsky.social about what occurred in the Monday and Tuesday hearings in the classified docs case, what's new in Fulton County, and more on this week's "Trump's Trials and Tribulations."

Lawfare Live: Trump's Trials and Tribulations, June 27lawfaremedia.org Join the Lawfare team for a discussion of the trials of Donald Trump.

Today Judge Cannon denied Trump's motion for a hearing on alleged lies supporting the Mar-a-Lago warrant but granted his request for an evidentiary hearing on particularity of the warrant. Find the order on DocketWatch: MAL, updated by @hyemin.bsky.social and Julien Berman.

Docket Watch Trump Prosecuted in Floridawww.lawfaremedia.org

Yesterday, the GA Court of Appeals granted Misty Hampton's request for a stay, pausing trial proceedings in the Fulton County 2020 election interference case against Trump and others. Find the order on #DocketWatch: Fulton County, updated by @annahickey.bsky.social.

Docket Watch Trump Prosecuted in Fulton Countywww.lawfaremedia.org

It's the “God Given” Edition! On this week's Rational Security, @arozenshtein.bsky.social, @qjurecic.bsky.social, and @sranderson.bsky.social were joined once again by Kevin Frazier to talk over the week’s big national security news, including ongoing Houthi attacks in the Red Sea, and more:

Rational Security: The “God Given” Editionwww.lawfaremedia.org This week, Alan Rozenshtein, Quinta Jurecic, and Scott Anderson were joined once again by Kevin Frazier to talk over the week’s big national security news.