Lawfare
@lawfare
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Straight-shooting information and analysis at the intersection of national security, law, and policy. https://t.co/pyAJyqBCsm
Joined September 2010
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
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In a letter to @benjaminwittes, the Justice Department formally acknowledged that the President of the United States lied in a speech to Congress.
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Mueller seems not to have known that Trump told Russian officials he was unconcerned by Moscow’s 2016 election interference. It may not have changed Mueller’s criminal analysis—but it radically affects the “no collusion” narrative, @benjaminwittes writes:.
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The process by which Michael Ellis was selected as general counsel of the National Security Agency warrants investigation by Congress and the inspectors general of the Department of Defense and NSA. Here’s @Susan_Hennessey:
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Benjamin Wittes: It’s Time: Congress Needs to Open a Formal Impeachment Inquiry
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Well, this is unexpected.
LAWFARE: "Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute." A disgraceful decision!.
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Today, Lawfare is launching the Trump Disqualification Tracker—a page created by @hyeminjhan and Caleb Benjamin to track challenges in the states to remove Trump from the 2024 ballot under Sec. 3 of the 14th amendment.
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"Behind James Comey’s ‘A Higher Loyalty’," the latest from Benjamin Wittes:
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"An Open Letter to the Federal Bureau of Investigation," by Rep. Adam Schiff
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Not all of the material in the Steele dossier has been proven, write @segrant39 and Chuck Rosenberg. But none has been disproven. As a raw intelligence document, the dossier holds up well.
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Acting Homeland Security Secretary Chad Wolf and his deputy Ken Cuccinelli are ineligible to serve in their current roles because their appointment violated federal law, the Government Accountability Office (GAO) ruled today. Read the report here:.
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“It’s pretty hard to mask the reality of cold political calculus when the president’s defenses have collapsed as they have here,” @BenjaminWittes writes. “There are no plausibly exculpatory facts to hide behind.”.
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Texts between Tim Murtaugh and Matthew Wolking. "No way [Trump] acknowledges something that could ultimately be called his fault. #January6thHearings
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Bombshell: Initial thoughts from the Lawfare team on the Washington Post’s game-changing story:
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"'I Hope This Is an Instance of Fake News': FBI Messages Show the Bureau's Real Reaction to Trump Firing James Comey"
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"What if the Obstruction Was the Collusion? On the New York Times’s Latest Bombshell," the latest from Benjamin Wittes:
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Here it is: “Active Measures,” the first part of THE REPORT, our new podcast documentary on the Mueller Report. All summer, we will present this audio experience of the special counsel’s findings, in a format more digestible than 448 pages of text.
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Robert Litt says that Barr’s letter suggests the possibility that, rather than “no evidence” of collusion, Mueller did find such evidence—but didn’t conclude it warranted criminal prosecution. The Mueller report should be released promptly to clarify this.
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The facts of precisely what happened at the Capitol are still coming to light. But prosecutors could file felony murder charges against at least some of the rioters. Here’s @CBHessick:
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"Gordon Sondland Accuses the President of Bribery," the latest from Benjamin Wittes:
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The FBI reportedly opened a counterintelligence investigation into Trump. Read our coverage: .@benjaminwittes: @DavidKris: @jacklgoldsmith: & listen to the podcast:
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In light of the president’s apparent embrace of Steven Calabresi’s conclusions, @gtconway3d takes a close look at the "terrible arguments against the constitutionality of the Mueller investigation"
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How Many of Devin Nunes’s GOP Colleagues on the Intelligence Committee Will Stand Up for the Accuracy of His Memo? Hint: Not Many
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"Can Litigation Help Deradicalize Right-Wing Media?," the latest from Alexander Vindman:
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“Each new witness makes matters worse for the president,” @BenjaminWittes writes. “So what is a poor Republican member of Congress or senator, animated by Federalist 65 but unable to admit it, to do? Their answer is to make noise.”.
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Trump publicly encouraged Stone not to cooperate with Mueller’s investigation; he publicly dangled clemency as a reward for silence; and he has now delivered. Here’s @QJurecic and @BenjaminWittes:
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Like Sessions, Whitaker may be obligated to recuse himself from the Mueller investigation. The relevant Justice Department guideline is Section 45.2 of Title 28 of the Code of Federal Regulations:
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Benjamin Wittes: Initial Comments on James Comey’s Written Testimony
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"Lessons from Watergate: What the Senate Judiciary Committee Should Ask Bill Barr," the latest from @MikhailaRFogel, @qjurecic, and @benjaminwittes:
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Yesterday’s attack on the Capitol creates a target-rich environment for prosecutors. As it turns out, you can’t assault the peaceful transition of power without breaking federal laws along the way. Here’s @BryceKlehm, @ARozenshtein, and @Jacob_R_Schulz:.
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The Justice Department’s inspector general asserted today that a witness to gross misconduct by the president has a duty to keep his mouth shut about what he saw—an extraordinary position for a law enforcement organization to take. Here’s @benjaminwittes:.
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The attorney general’s comments on supposed FBI “spying on a political campaign” were reckless and will feed gross conspiracy theories, writes @benjaminwittes:
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Arresting Stone was lawful, appropriate and fully justified by his own words and conduct, Chuck Rosenberg explains:
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“Alexander Vindman Joins the Lawfare Team,” the latest from Benjamin Wittes:
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New polling shows a dramatic increase in confidence in Mueller’s investigation—and that the public, excepting Republicans, believes Mueller’s findings are damaging for Trump or they are split on this question and additional investigation is needed.
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There is no serious argument that Robert Mueller’s appointment under Justice Department regulations violates the Constitution, writes George Conway (@GTConway3d):
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Benjamin Wittes: The President vs. Federal Law Enforcement: Trump Attacks Everyone
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Benjamin Wittes & Susan Hennessey: The Nightmare Scenario: Trump Fires Comey, the One Man Who Would Stand Up to Him
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It would be difficult, Bob Bauer writes, to overstate the significance of a Senate acquittal on the theory that a president cannot be impeached for anything less than a crime—and only one constituting “a violation of a public trust and injury to society.”.
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That Mueller completed his probe into a sitting president without having his investigation blocked—despite ongoing presidential braying against the probe and menacing of DOJ leadership—is no small thing. But many questions remain. From the Lawfare team:.
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“What Mueller Found on Russia and on Obstruction: A First Analysis.” The Lawfare team on the Mueller Report.
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Mark Meadows took the stand in Atlanta yesterday to try and get his Fulton County case removed to federal court. @AnnaBower was in the room. Her dispatch is out now:
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We're working on analysis of the Cohen and Manafort filings today. Stay tuned for later this evening.
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"The One Episode From the Mueller Report That Democrats Must Include in Impeachment," the latest from Susan Hennessey:
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“Is this just poor lawyering or something . different?”. Paul Rosenzweig asks this uncomfortable question repeatedly about Attorney General Barr’s actions in recent weeks. Read the full article here:.
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Thanks to everyone who is taking a moment to contribute to the site tonight. We need support from readers like you:
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As of July 10, all of our links to content on the lawfaremedia .org site are being rejected by Twitter as ‘being potentially harmful.’ Some examples appear below. We offer no speculation as to why this is happening, and have raised the matter with Twitter.
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"Thoughts on Rod Rosenstein’s Testimony," the latest from Benjamin Wittes.
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Former law professor David Clements urges election officials to refuse to certify elections—and trains citizens to pressure them to do so. @AnnaBower attended one of these trainings and reports on what occurred, with Benjamin Wittes.
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An alarming portrait has emerged of a president who believes that he is accountable to nothing and no one: not state or federal courts, not state or federal law enforcement, not Congress. Here’s Ben Berwick, Jamila Benkato, and Cameron Kistler:
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The impeachment trial should be carefully heard by everyone, but most Americans lack the luxury of sitting through the daily grind of lengthy testimony. So we will release here a daily abridged cut—no punditry, just the unfolding events in the Senate:
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Bob Bauer: Congress can most effectively protect Mueller by requiring (through new legislation) that the special counsel, if fired, provide legislators w/ a report on the status of the investigation through the date of his dismissal.
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"What to Make of the Carter Page FISA Applications," the latest from David Kris:
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"Obstruction of Justice in the Mueller Report: A Heat Map," the latest from Quinta Jurecic:
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"The documents tell a remarkably consistent story about the reaction inside the FBI to Comey’s firing, and it is not the story the White House has told about an agency in turmoil."
"'I Hope This Is an Instance of Fake News': FBI Messages Show the Bureau's Real Reaction to Trump Firing James Comey"
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"The Mueller Report Demands an Impeachment Inquiry," the latest from Susan Hennessey and Quinta Jurecic:
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"Russia Indictment 2.0: What to Make of Mueller’s Hacking Indictment"
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“On behalf of the president, [Cipollone] has presented arguments hopelessly weak in substance, political in both content and tone, and harmful to the credibility of his office,” Bob Bauer writes:.
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Robert Mueller is not without tools to make sure that material he thinks the public needs to see finds its way to the public, says @benjaminwittes
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"Former FBI Lawyer Lisa Page Sues Justice Department and FBI," the latest from Gordon Ahl:
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"Situational Ethics Drove Military’s Decision to Delay Female Officer Promotions," the latest from Alexander Vindman:
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Benjamin Wittes, Jane Chong, & Quinta Jurecic: The Wall Begins to Crumble: Notes on Collusion
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"If the Court isn’t willing to impose the restrictions of the 14th Amendment in the face of today’s siren song of ‘letting the voters decide,’ what does that say about the likelihood that they’ll do so when the 22nd Amendment is at stake?".-@ianbassin
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"While the indictment does not charge any American with specific criminal conduct, it does describe conduct by Americans that, depending on further factual development, raises potentially serious questions." More on the latest Mueller indictment:
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Rep. Elissa Slotkin (D.-Mich.) has introduced a resolution directing the president “to terminate the use of United States Armed Forces to engage in hostilities in or against Iran.” The House is likely to vote on it on Thursday. Find the resolution here:.
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President Trump “has asserted executive privilege as traditionally understood only one time,” Jonathan Shaub writes. “Every other refusal to provide information,” he says, has been grounded in doctrines with “no constitutional or historical foundation.”
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A special episode of the Lawfare podcast: Robert Mueller as you’ve never heard him before. Seven voices, reading the speaking indictments that Mueller has issued: @IlvesToomas, @davidkris, @johnlegend, @maddow, @apolyakova, @sykescharlie & @benjaminwittes.
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"What a Difference A Few Indictments Make: Public Confidence in Mueller Soars"
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Arrests related to the breach of the Capitol are ongoing. Want to know what they are?. Lawfare’s @BryceKlehm and @Rohini_Kurup have you covered with this compilation of charging documents, which will be continually updated:.
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Out now--The more detailed Receipt of Property that lists items collected during the FBI's Aug. 8 search of former President Trump's Mar-a-Lago residence. Shall we read it together?. (with thanks to @hyeminjhan).
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"Anatomy of a Presidential Untruth: What Data Did the Justice Department Really Provide the White House?" by Nora Ellingsen and Benjamin Wittes
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The @nytimes has published letters from Trump's legal team to the special counsel's office detailing a bold vision of executive power. Here's what Lawfare writers have had to say on the legal issues raised by the letters:
"Documents: Letters to Special Counsel Robert Mueller from the Trump Legal Team," the latest from Quinta Jurecic:
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"Sam Nunberg’s Media Meltdown—and What He Might Want to Remember About Special Prosecutors’ Powers," the latest from Quinta Jurecic and Benjamin Wittes:
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Bob Bauer: The president’s resort to threatened litigation against the author and publisher of ‘Fire and Fury’ is another major hit to democratic norms, and the Republican party leadership bears responsibility for the lasting damage being done.
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The Report, a new serial podcast bringing you the Mueller Report like you’ve never heard it before. Subscribe via Apple Podcast, Google Podcast, Stitcher, Overcast, and Spotify. Here’s the intro to Part I: Active Measures:
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“Trump’s post-election shenanigans aren’t going to overturn the election results. Here’s why they’re dangerous anyway.” The latest from @benjaminwittes:
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A company managed from Cyprus reaches massive worldwide audiences with its YouTube-posted nonpolitical craft videos. It also creates political content, including pro-Russian versions of histories that contain inaccurate information. Here’s @LisaCKaplan:
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.@benjaminwittes reflects on Rod Rosenstein’s testimony before the House Judiciary Committee & the "disturbing and dangerous nature of the current moment."
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Corruption of the justice system can come through using state power to go after one’s enemies, or through restraining government power to reward one’s friends and allies. Here’s @MikhailaRFogel, @Susan_Hennessey, @qjurecic, and @benjaminwittes:
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Does the Presidential Records Act exonerate former President Trump in the classified documents investigation?.Despite what Trump may try to say, @EricColumbus explains why it doesn’t, and how its use was different in the Clinton Socks Case:
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From @Susan_Hennessey, @togawamercer and @benjaminwittes, a quick and dirty analysis of the latest Trump-Russia news
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"'The Day that We Can't Protect Human Sources': The President and the House Intelligence Committee Burn an Informant," the latest from Quinta Jurecic and Benjamin Wittes:
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The dismissal of independent inspectors general is causing a mere ripple, not a political wave, not only because coronavirus has sucked the air out of the room, but also because we’ve gotten used to this sort of thing from Trump. Here’s @BenjaminWittes:
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In light of the president and CIA’s comments today we think it's a good time to re-up this video: what the intelligence community has said about Russian election interference
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"The Nunes memo was dishonest. And if it is allowed to stand, we risk significant collateral damage to essential elements of our democracy," writes David Kris:
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Sen. Tim Kaine has introduced a resolution directing "the President to remove United States Armed Forces from hostilities against the Islamic Republic of Iran or any part of its government or military" within 30 days of enactment. See the resolution here:.
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We're never deleting this tweet. 🎈.
The international community should unequivocally condemn the targeting and threatening of civilians through the use of incindiery baboons and the deliberate and organized strategy of committing war crimes to seek political change, Matthew J. Aiesi writes: .
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