Lawfare

On Tuesday, tune into Lawfare's YouTube channel to watch the second installment of Lawfare's “Deportation, Inc.: The Rise of the Immigration Enforcement Economy," series, produced with @situ-research.bsky.social and @theintercept.com.

After defeating Victor Orbán, Hungray's new prime minister pledged to reduce the country'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.

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.

NEW: @lawfaremedia.org Editor in Chief (and my boss) @benjaminwittes.lawfaremedia.org joins @kennethroth.bsky.social @froomkin.bsky.social, Beverly Gage & others in a @knightcolumbia.org lawsuit challenging President Trump’s policy of expelling reporters from the White House.

Today's Lawfare Daily is the October 23 Trials of the Trump Administration with @benjaminwittes.lawfaremedia.org, @lorenvoss.bsky.social, @annabower.bsky.social, @ericcolumbus.bsky.social, @mollyroberts.bsky.social, and @rparloff.bsky.social. youtube.com/live/KPgBGey...

On this week's Rational Security, @sranderson.bsky.social, @benjaminwittes.lawfaremedia.org, @atabatabai.bsky.social & Joel Braunold discuss Israel's election as a Netanyahu referendum, U.S.-Ukraine ties at a new low, and unrest in France. The "Snifting Up to Boston" Edition 🎙️

In a world that is constantly changing, Lawfare is a reliable, independent, nonpartisan resource to keep you informed about the complex national security, legal, and policy considerations we face. This is made possible with the support for our readers and listeners:

The United States has halted funding for finding and destroying chemical weapons. @gregkoblentz.bsky.social explains what’s at risk if the OPCW can’t do their work. www.lawfaremedia.org/article/chem...

"These acts did not require collusion with Russian intelligence or a conspiracy hatched in Trump Tower, only an alignment of interests. The hand that mattered most was never hidden, and it did not belong to the sponsor but to the supported party—Trump," writes @juliacurlee.bsky.social.

ICYMI: Watch @benjaminwittes.lawfaremedia.org, @lorenvoss.bsky.social, @annabower.bsky.social, @ericcolumbus.bsky.social, @mollyroberts.bsky.social, and @rparloff.bsky.social discussed legal challenges to the Trump administration’s various actions surrounding the election, and more.

The Islamic State’s North African affiliate is building a logistical corridor from the Sahel to Spain, warn Lucas Webber, Peter Smith, and @colinpclarke.bsky.social. www.lawfaremedia.org/article/the-...

This conversation is live now! youtube.com/live/KPgBGey...

"[A]s a historian, he emphasizes the long-term historical processes, major turning points, and key decisions that cumulatively led to 'the tragic transformation of Zionism...into a state ideology of ethno-nationalism.'" @dovwaxman.bsky.social reviews “Israel: What Went Wrong?” by Omer Bartov.

At 4 p.m. ET, @benjaminwittes.lawfaremedia.org will sit down with @mollyroberts.bsky.social, @annabower.bsky.social, @rparloff.bsky.social, and @ericcolumbus.bsky.social Columbus to discuss developments in litigation against Trump administration’s policies. youtube.com/live/KPgBGey...

On April 28, a grand jury indicted former FBI Director James Comey on felony charges over his 86-47 seashells post. @annabower.bsky.social, @ericcolumbus.bsky.social, and @mollyroberts.bsky.social break down 2 motions, which could subject the government’s conduct in this case to unusual scrutiny.

@annabower.bsky.social, @ericcolumbus.bsky.social, and @mollyroberts.bsky.social weigh the strengths and weaknesses of Comey's motions to dismiss the indictment against him over a "86-47" seashells post and discuss what they reveal about the government’s investigation and theory of the case.

This week's Seriously Risky Business looks at the arrest of an OpenAI employee, how various threat actors are using the Cairn autonomous pentesting agent in financially motivated cybercrime, Ukrainian drones stricking a Russian data center, and more. Read the newsletter, from @tom.risky.biz.

On Lawfare Daily, @nkorpett.bsky.social talked with @mollyroberts.bsky.social, @lorenvoss.bsky.social, @noupside.bsky.social, and @juliacurlee.bsky.social about what they're watching in the run-up to the midterm elections. www.lawfaremedia.org/article/lawf...

As the federal government dismantles the machinery built to address covert foreign malign influence, technology companies and researchers can help Americans recognize and understand the threat. Katie Kedian explains how. www.lawfaremedia.org/article/the-...

New from me in @lawfaremedia.org. On the 10th anniversary of Moscow's interference in our election I break down Russia’s covert action as a practitioner would. The hand that mattered most was never hidden, and did not belong to Russia but to the supported party—the President.

On Rational Security, @sranderson.bsky.social, @benjaminwittes.lawfaremedia.org, @atabatabai.bsky.social, and Joel Braunold talked through the week’s big international news stories, including the upcoming Israeli election, strained U.S.-Ukraine relations, and more. youtu.be/prH1lYu2-o8

It has been 10 years since Russia’s campaign to influence the 2016 U.S. presidential election. @juliacurlee.bsky.social explains how this foreign intervention has advanced Moscow’s objectives since 2016. www.lawfaremedia.org/article/the-...

On Lawfare Daily, @noupside.bsky.social sat down with @riana.bsky.social and Cyndie Demeocq to discuss their new research examining how existing federal criminal law applies to AI-generated child sexual abuse material. youtu.be/kmY8s-MROGQ

"Israel’s technological edge is similarly insufficient strategically. Its adversaries have not needed to defeat or even match it. They have needed only to survive it, and to use low-cost attrition to demonstrate their staying power," writes David Goodstone and Eitan Danon.

Automated immigration enforcement sidesteps institutional accountability and does so with no kill switch. @chinmayisharma.bsky.social explains how interoperability of vendor systems makes the problem of automated enforcement unique and the new remedies required to address these risks.

On Lawfare Daily, @kevintfrazier.bsky.social sat down with @asad09.bsky.social to discuss the creation of a Cyber Safety Review Board, a mechanism based on the National Transportation Review Board designed to independently monitor cybersecurity incidents. youtu.be/iW8A85bCUq8

WATCH: Vice Dean Ashley Deeks discusses how the federal government has played a much more activist role in the economy in recent years to advance national security goals. @lawfaremedia.org

Fearing the possibility of existential risk, federal and state officials have proposed legislation to mandate the implementation of kill switches at AI companies. Lawmakers need to specify the precise enforcement conditions and how it would operate, writes Lisa Klaassen & @kevintfrazier.bsky.social.

This morning, @benjaminwittes.lawfaremedia.org sat down with @mollyroberts.bsky.social and @rparloff.bsky.social to discuss the October 19 hearing over President Trump's renovation plans at East Potomac Park. youtube.com/live/Q9kjJhQ...

On October 19, Judge Reyes held an evidentiary hearing related to the redesign of the historic municipal golf course at East Potomac Park. @rparloff.bsky.social and @mollyereynolds.bsky.social liveblogged the all-day hearing. Read their posts here:

The steady erosion of Bivens has left plaintiffs with vanishingly small odds of success in claims against federal agents under the Constitution. Mary Hampton Mason and Laura Katherine Smith explain how the Supreme Court may dismantle what remains of Bivens this term–and why it should.

On Lawfare Daily, @jimmyrushton.bsky.social and @lapatina.bsky.social joined @benjaminwittes.lawfaremedia.org to discuss the rupture in U.S.-Ukrainian relations, breaks in Ukrainian access to Starlink, and the impending arrival of winter. youtu.be/mmE4DRbIp1U

At 9am ET, @benjaminwittes.lawfaremedia.org, @mollyroberts.bsky.social, and @rparloff.bsky.social will discuss yesterday's all day hearing over President Trump's plan to overhaul the East Potomac Park.

10-min break before Dr. Griess. JR asks how long; AL says didn't prepare anything because "we've made the record I want." So hopefully, that'll be short. Back at 2:45. Then straight into argument. And who knows how long that'll take...

All rise. We're resuming. Judge: who would you like to take first? Abbe Lowell: [inaudible] Judge: Ms. Bowron first. [she's sworn in. she's in an Nat Parks Svc uniform.] AL: how long serving JB: comptroller since 2017 ; acting director since jan (?) 2025 /95

Rather than demonstrating how well the European regime works, Hannes Bastians and Maarten Herbosch argue the OpenAI-Hugging Face incident highlights the need to interpret the EU AI Act with a strong focus on the model regime’s purpose, so that similar incidents do not go unreported.

As the midterm election draws near, public confusion about how the Trump administration may use the military has heightened. Placing troops at the polls is illegal, but more steps can be taken to abate some of the alarm, writes @danmaurerlawprof.bsky.social, Steven J. Lepper, and Marc Koblentz.

All rise. Reyes on bench. J: trust everyone's weekend was as relaxing as mine and my clerks. [sarcastic] [clerk calling case] Attys giving appearances. Mark Samburg for plaintiffs ... Norm Eisen ... Abbe Lowell DOJ: Stan Woodward; Andrew Block, Robert Stander, Marissa Pilopato. ... /5

Today's Lawfare Daily is the October 16 live where @benjaminwittes.lawfaremedia.org, @mollyroberts.bsky.social, @annabower.bsky.social, @rparloff.bsky.social, @ericcolumbus.bsky.social and @lorenvoss.bsky.social discussed the litigation over Trump administration actions. youtube.com/live/o5kEiWM...

At 10am Judge Ana Reyes will begin an evidentiary hearing in the golf course case at 10am. I'll try to live-blog from the US Courthouse media room for @lawfaremedia.org . This is a case to stop Trump from converting a historic public golf course, open to all, to a Trump style championship course.

This week’s Seriously Risky Business: Russia’s data-center strikes boomerang, the case for ditching AI cyber safeguards, DOJ raids North Korean laptop farms, spy chips in Ledger wallets, and ShinyHunters arrests. From @tom.risky.biz: www.lawfaremedia.org/article/russ...

Up to 99% of global internet traffic runs through undersea cables, and shadow fleet ships know exactly where international law stops protecting them. David Opderbeck reviews Elisabeth Braw’s “Undersea War.” www.lawfaremedia.org/article/gaps...

When Washington takes stakes in private companies and stockpiles critical materials for national security, what legal guardrails apply? @keichensehr.bsky.social and Ashley Deeks discuss with @petereharrell.bsky.social on Lawfare Daily. www.youtube.com/watch?v=LWHq...

@sranderson.bsky.social analyzes the Trump administration’s decision to waive sanctions on Russian diesel imports, how it sidesteps Congress, and why the waiver may not mean much for lowering oil prices. www.lawfaremedia.org/article/diss...

“Assuming that petition is granted, the D.C. Circuit, in interpreting FASCSA’s definition of ‘supply chain risk,’ should acknowledge and heed the specific harms Congress sought to address. If the court does so, it will likely reverse the previous decision,” writes @kevintfrazier.bsky.social.