Notices by Lawfare (lawfare@mastodon.social)

"[T]he withdrawal of the American security umbrella will be a really, really bad thing...These effects will be almost uniformly terrible and will be measured in lost lives and lost freedom of real people."

Benjamin Wittes discusses the betrayal of Ukraine in the Situation. www.lawfaremedia.org/article/the-situation--what-america-stands-for-now

In 30 minutes, Benjamin Wittes will talk to Anna Bower, Roger Parloff, and Quinta Jurecic about the lawsuits targeting various executive actions from the Trump administration. Tune in here: https://youtube.com/live/-bGPR3e3UsU?feature=share

As DOGE-affiliated employees gain access to executive agency databases, they are likely violating the Privacy Act of 1974 by accessing sensitive personal data without any vetting or congressional authorization, writes Danielle Citron. https://www.lawfaremedia.org/article/doge-betrays-foundational-commitments-of-the-privacy-act-of-1974

"[T]he ICC’s problem is architectural: The court has jurisdiction that is unmanageably broad. There remains a narrow but viable pathway toward an approach that both addresses U.S. concerns and yields a more effective form of international justice," writes David Bosco. https://www.lawfaremedia.org/article/court-in-a-storm--israel--the-icc--and-the-trump-administration

It's the "Law and Order: Executive Victims Unit" Edition.

On Rational Security, Scott Anderson, Benjamin Wittes, Molly Reynolds, and Anna Bower talked through another big week of national security news, including the Trump administration's actions to dismantle USAID, fire federal employees, and impound funds, all contrary to statute. https://www.lawfaremedia.org/article/rational-security--the--law-and-order--executive-victims-unit--edition

Despite corruption-focused economic sanctions having substantial advantages, the U.S., EU, and G7 governments have not used them frequently or robustly. Brad Brooks-Rubin and Richard Nephew look at the difficulties officials face when considering corruption sanctions and possible solutions.

https://www.lawfaremedia.org/article/corruption-sanctions-are-worth-the-investment

"Courts should find that allowing Trump to waive his magic sharpie to sign an IEEPA Executive Order imposing tariffs would upset the balance Congress has long sought to strike when it delegates its tariff authority to the president," writes Peter Harrell. https://www.lawfaremedia.org/article/the-case-against-ieepa-tariffs

On Jan. 20, 2025, Donald Trump became the 47th president of the United States and, almost immediately, began signing executive orders on the use of military at the border, suspending enforcement of the TikTok ban, and more.

Find select orders, Lawfare's analysis, and legal challenges to the actions here: https://www.lawfaremedia.org/projects-series/trumps-first-100-days

Andrew K. Woods shared his initial takeaways from the Supreme Court’s TikTok decision, including its implications for internet freedom, the precedent it sets for other nations, and its use of privacy concerns to justify speech restrictions.
https://www.lawfaremedia.org/article/three-lessons-from-the-supreme-court-s-tiktok-decision

It's the “No Taxation Without Sledding Representation” Edition!

On Rational Security, Scott Anderson, Molly Reynolds, and Kevin Frazier discussed the week’s big national security news, including the House Speaker election and damage to undersea cables near Finland and Taiwan. https://www.lawfaremedia.org/article/rational-security--the--no-taxation-without-sledding-representation--edition

Today, Justice Merchan announced that President-elect Donald Trump will be sentenced on January 10 in the New York hush-money case, 10 days before his inauguration as president. Read the order on #DocketWatch: NY, updated by Katherine Pompilio. https://www.lawfaremedia.org/projects-series/the-trump-trials/new-york/docket-watch-trump-prosecuted-in-new-york

Today the Manhattan DA filed its opposition to Donald Trump's motion to dismiss the hush money case and vacate the guilty verdict. Read the motion and exhibits on #DocketWatch: NY, updated by Katherine Pompilio. https://www.lawfaremedia.org/projects-series/the-trump-trials/new-york/docket-watch-trump-prosecuted-in-new-york

Today, the U.S. District Court for Maryland upheld affirmative action as a basis for admissions to the U.S. Naval Academy. Read the decision, from Olivia Manes. https://www.lawfaremedia.org/article/maryland-district-court-upholds-affirmative-action

"But by naming not one but four wildly unqualified—even anti-qualified—nominees, Trump actually makes them each harder for senators to oppose."

Benjamin Wittes contemplates the president-elect’s nomination of Gaetz, Gabbard, RFK Jr., and Hegseth. https://www.lawfaremedia.org/article/the-situation--four-is-easier-than-one

"Understanding these limitations—and being prepared to enforce them through the courts—may well be the best way to fight back against potential abuse."

Scott Anderson explains the limits of what a president could do with soldiers deployed domestically. https://www.lawfaremedia.org/article/the-real-legal-limits-on-domestic-military-deployments

"Regardless of how President-elect Trump’s second term unfolds, we remain steadfast in Lawfare’s commitment to independent, nonpartisan analysis, research, and reporting on all issues related to national security, law, and policy," writes Benjamin Wittes. https://www.lawfaremedia.org/article/the-situation--lawfare-s-role-during-the-second-trump-administration

"The moral of the story of the Trump trials is that the criminal justice system will not ultimately rein in the tyrant if the people don’t want it to."

Benjamin Wittes considers the value of the criminal prosecutions of Donald Trump. https://www.lawfaremedia.org/article/the-situation--were-all-the-trump-trials-pointless

"[I]f we are going to protect democracy, the actions of the state matter more than the criminal actions of the man."

Benjamin Wittes reflects on the 2024 election and offers a few guideposts on how to deal with lawful democratic assaults. https://www.lawfaremedia.org/article/no-recriminations--just-democratic-survival

If today's election results in an Electoral College tie, a contingent election would occur in Congress. Will Bernstein, Arianna Bufalino, Robert Debenedetti, and John Greenberg explain how it might unfold.
www.lawfaremedia.org/article/navigating-uncertainties-in-the-contingent-election-process

Today, U.S. intelligence officials released a partially redacted document outlining the potential for foreign actors, like China, Iran, and Russia, to exert influence on and after the 2024 presidential election. Read the briefing doc from Olivia Manes. www.lawfaremedia.org/article/intelligence-briefing-outlines-foreign-influence-threats-to-u.s.-elections