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Lawfare

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

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    In 1875, Grant had the legal authority to send troops to Mississippi ahead of the election and declined. A history of how the U.S. came to keep soldiers from the polls, and why that norm is now being tested: https://www.lawfaremedia.org/article/american-troops-at-the-polls--a-history

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    There’s no master plan to meddle in the midterm election, but fears of interference aren’t new. Molly Roberts and Loren Voss explore what meddling would actually look like and what can be done about it: https://www.lawfaremedia.org/article/how-to-steal-an-election

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    The Supreme Court’s 2024 decision in Trump v. U.S. has been widely recognized as a “radical expansion” of presidential power. Often overlooked is the other side of the coin: the decision also diminished Congress’s power both to legislate with respect to the executive branch and to investigate it, writes David Manners-Weber. https://lawfaremedia.org/article/congressional-oversight-after-trump-v.-united-states

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    Today&#39;s Lawfare Daily is the October 30 livestream where Lawfare Editor in Chief Benjamin Wittes sat down with Senior Editors Molly Roberts, Roger Parloff, and Eric Columbus to discus developments in litigation against Trump administration’s policies, a judge ruling that Maureen Comey was unlawfully fired as an assistant U.S. attorney, updates in the Kennedy Center litigation, and more. https://www.youtube.com/watch?v=fVtxfd2xbUg

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    When elections work, individuals with different viewpoints come together to determine priorities. History also shows how elections can fail, and even set the stage for violence. As Americans go to the polls, what lessons should we remember? Daniel Byman weighs in. https://www.lawfaremedia.org/article/elections-as-a-source-of-violence

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    Hungary’s reliance on Russian energy is part geography, part political choice, write Elek Krizsán and Thomas N. Russo. How can the new government balance derussification, diversification, and decarbonization? Read more on Lawfare: https://www.lawfaremedia.org/article/can-hungary-derussify-its-electric-power-sector

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    Putin may have good reasons for dialing back cooperation with Tehran, depending on how the wars in Iran and Ukraine unfold, write Carol Saivetz and KimberlyMarten. https://www.lawfaremedia.org/article/russia-s-partnership-with-iran--short-term-gains--long-term-losses

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    📌 ICYMI: on this week’s Lawfare Live: The Trials of the Trump Administration, Benjamin Wittes sat down with Senior Editors Molly Roberts, Roger Parloff, and Eric Columbus to discuss developments in litigation against Trump administration’s policies. https://www.youtube.com/watch?v=fVtxfd2xbUg

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    📢 The Lawfare Institute is #hiring for Spring 2027 internship! Want to spend your spring working at the intersection of law, security, and policy? Apply by November 23, 2026: https://www.lawfaremedia.org/article/intern-with-lawfare-spring2027intern

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    At 4 p.m. ET, Benjamin Wittes will sit down with Senior Editors Molly Roberts, Roger Parloff, and Eric Columbus to discuss developments in litigation against Trump administration’s policies, including Comey being charged for a third time, updates in the Kennedy Center litigation, and more on this week’s Lawfare Live: The Trials of the Trump Administration. Watch live: https://youtube.com/live/fVtxfd2xbUg

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    Modern hybrid warfare spans from cyber operations to support military actions, influence campaigns, economic disruption measures, and the newest tool in the toolbox: “fraudfare.” Tymur Mykhailov writes about cyber-enabled scam campaigns as a means of war and where they fit under international law. https://www.lawfaremedia.org/article/fraudfare--weaponized-fraud-under-international-law

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    Today&#39;s Lawfare Daily is a Security Economics episode where Peter Harrell spoke to Sander Tordoir about the new trade instruments the European Union is developing to make itself more nimble in pushing back against Chinese trade issues and whether Europe might one day use those instruments against the U.S. as well. https://youtu.be/EbnKRCflbH0

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    “The process by which Hitler consolidated dictatorial power provides a strong parallel and perhaps precedent to that of Donald Trump’s second term, especially through most of the year 2025,” writes Benjamin Carter Hett in his review of Timothy Ryback&#39;s “53 Days: How Hitler Dismantled a Democracy” https://www.lawfaremedia.org/article/hitler-s--flood-the-zone--strategy

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    In this week’s Seriously Risky Business, Tom Uren unpacks China’s AI charm offensive toward the West, attackers exploiting PHP bugs, CISA missing the memo on AI, and more. Read the latest edition on Lawfare: https://www.lawfaremedia.org/article/chinese-ai-can-learn-to-love-the-west

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    Following the hearing in the criminal case of former FBI agents charged with lying to Congress, Benjamin Wittes will sit down with Anna Bower and Roger Parloff to break it down. https://youtube.com/live/-zvTxp7j1O0

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    A State Department report obtained by Lawfare found a more than 12-year backlog for reviewing allegations of human rights violations committed by Israeli military units receiving U.S. assistance. Tyler McBrien explains the implications of the Inspector General report. https://www.lawfaremedia.org/article/newly-public-ig-report-sheds-light-on-biden-administration-arms-transfers-to-israel

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    It&#39;s the “Not So Super Tuesday” Edition! On this week&#39;s Rational Security, Scott Anderson, Natalie Orpett, Mike Feinberg, and Molly Roberts discussed the week’s big election news, including whether voters will encounter federal agents at the polls, how worried we should be about foreign election influence, and more. https://www.lawfaremedia.org/article/rational-security--the--not-so-super-tuesday--edition

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    The future of Israeli politics is very uncertain. Natalie Orpett sat down with Natan Sachs, Joel Braunold, and Benjamin Wittes to talk about the Oct. 27 elections in Israel, record turnout by Israeli voters, especially Arab Israelis, and the questions that remain on Lawfare Daily. https://youtu.be/rR1BcnjlcAE

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    China’s new immersion lithography tools, which would compete with the Dutch company ASML, are not yet production-ready, but continued allied and U.S. servicing help China close the remaining gap. Ethan Chiu explains how existing export control rules could slow Beijing&#39;s progress. https://www.lawfaremedia.org/article/washington-s-overlooked-leverage-over-china-s-chip-ambitions

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    China’s new immersion lithography tools, which would compete with the Dutch company ASML, are not yet production-ready, but continued allied and U.S. servicing help China close the remaining gap. Ethan Chiu explains how existing export control rules could slow Beijing&#39;s progress. https://www.lawfaremedia.org/article/washington-s-overlooked-leverage-over-china-s-chip-ambitions

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    The future of Israeli politics is very uncertain. Natalie Orpett sat down with Natan Sachs, Joel Braunold, and Benjamin Wittes to talk about the Oct. 27 elections in Israel, record turnout by Israeli voters, especially Arab Israelis, and the questions that remain on Lawfare Daily. https://youtu.be/rR1BcnjlcAE

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    &quot;A regulatory regime for model weights that adheres to the guardrails of the First Amendment will be legal if they are speech and will inoculate this nascent technology against abuse even if they aren’t,&quot; writes Ben Vagle. https://www.lawfaremedia.org/article/a-first-amendment-approach-to-regulating-ai-model-weights

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    On Oct. 26, a district judge ruled that Assistant U.S. Attorney Maurene Comey was unlawfully fired from the DOJ. Nick Bednar explains how this case may help other federal employees who have been removed from their positions, depending on how other cases are resolved. https://www.lawfaremedia.org/article/can-the-attorney-general-remove-assistant-u.s.-attorneys-at-will

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    On Lawfare Daily, Justin Sherman sat down with FCC&#39;s Andy Hendrickson and Alice Suh Jou to discuss the process for testing and certifying devices in the United States, the national security risks of offshoring testing and certification, and the FCC’s “Bad Labs” rulemaking. https://www.lawfaremedia.org/article/lawfare-daily--fcc-s-bad-labs-rulemaking-with-fcc-s-andy-hendrickson-and-alice-jou

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    Lawfare is an independent, nonpartisan media organization that exists to explain the law and national security issues shaping our world. If you value that kind of reporting, consider supporting our work: https://www.lawfaremedia.org/support

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    The U.S.-Taiwan Agreement on Reciprocal Trade states that Taiwan “shall align” its export controls with U.S. rules. William Yuen Yee writes that what that “alignment” looks like in practice is unclear and how Taipei resolves these ambiguities has significant implications. https://www.lawfaremedia.org/article/the-u.s.-taiwan-art-s-export-control-puzzle

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    &quot;The fight over the fate of East Potomac Golf Links has revealed the almost impossible position the courts find themselves in when they can’t trust the government after all.&quot; Molly Roberts explains why a case over President Trump’s plans to renovate a golf course matters. https://www.lawfaremedia.org/article/how-judge-reyes-became-the-lorax

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    On Lawfare Daily, Cole Bucy and Nate Swanson joined Ariane Tabatabai, and Julia Curlee to discuss the Iran war eight months in and the administration&#39;s likely approach after the midterms. https://youtu.be/sROxqz2f28U

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    After defeating Viktor Orbán, Hungary&#39;s new prime minister pledged to reduce the country&#39;s dependence on Russian energy. Elek Krizsán and Thomas N. Russo map the structure of Hungary’s electricity market and the true depth of its Russian dependence to evaluate the feasibility of these commitments. https://www.lawfaremedia.org/article/can-hungary-derussify-its-electric-power-sector

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    Michael P. Fischerkeller, Emily O. Goldman, Richard J. Harknett push back on how core elements of the cyber persistence theory and U.S. policy implementing CPT were characterized in a recent piece by Jay Healey and Jack Snyder. https://www.lawfaremedia.org/article/a-rejoinder-to-healey-and-snyder--engaging-on-stability