Notices by Lawfare (lawfare@mastodon.social)

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

Daphne Keller discusses content moderation’s transformation into a “compliance function,” and considers what can go wrong as government regulators and the courts become more involved in governing speech online. https://lawfaremedia.org/article/the-rise-of-the-compliant-speech-platform

ICYMI: Watch Scott Anderson, Quinta Jurecic, Roger Parloff, and Anna Bower discuss Special Counsel Jack Smith's immunity motion in the Jan. 6 case against Trump, what new information was included, and where the case goes from here. https://www.youtube.com/live/4z51l5wWfEA?feature=shared

Today, former President Trump submitted a motion in opposition to Special Counsel Jack Smith's proposed redactions of the gov't's presidential immunity motion, pushing for greater redactions. Read the motion on #DocketWatch: D.C., updated by Matt Gluck. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-the-district-of-columbia/docket-watch-trump-prosecuted-in-dc

The Biden admin's compliance with laws restricting arms transfers on human rights or humanitarian grounds has been disputed by legislators, NGOs, and former gov't officials. John Ramming Chappell looks at why lawsuits to enforce restrictions have been unsuccessful. https://www.lawfaremedia.org/article/why-courts-don-t-enforce-arms-transfer-restrictions-under-u.s.-law

In a review of Chinese defense articles on AI's warfare implications, Sam Bresnick found that many Chinese experts fear "that the technology could lead to rapid, uncontrollable, and potentially catastrophic conventional—and even nuclear—escalations." https://lawfaremedia.org/article/could-ai-lead-to-the-escalation-of-conflict--prc-scholars-think-so

"Early laws directed at catastrophic AI risk...are a small step in the right direction. The cautious, government-skeptical philosophy adopted by some pundits risks delaying meaningful restrictions on dangerous technologies until it is far too late," writes Matthew Tokson. https://www.lawfaremedia.org/article/uncertainty--catastrophic-risk--and-ai-regulation

Today, Special Counsel Jack Smith filed his opening brief in his appeal of Judge Cannon's order dismissing the classified documents indictment against former President Trump. Read the filing on #DocketWatch: Mar-a-Lago, updated by Anna Hickey. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-the-southern-district-of-florida/docket-watch-trump-prosecuted-in-the-southern-district-of-florida