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EXPLAINED: Lawfare - The Real Truth

Nearly 100 criminals pardoned by Trump have been arrested again — including a bank robber now accused of sex assault

CEO of prison reentry program hailed by the president is accused of exploiting his position to abuse inmates

The Independent UK · Aug 20

CEO Jon Ponder Pardoned by Trump on Live TV Faces 20 Charges Involving Sexual Assault of Female Prisoners

Jon Ponder, the Hope for Prisoners CEO Trump pardoned on live TV in 2020, faces 20 charges, including sexual assault of female inmates, as police hunt for more victims.

International Business Times UK · Aug 20

From Seizing Voting Machines to Troops at Polls: Lawfare Warns of Donald Trump's Alleged 2026 Playbook

Legal scholars warn that Donald Trump and his allies are openly discussing a 2026 midterm 'playbook' that could drag the US military into election disputes, despite longstanding laws meant to keep troops away from the polls.

International Business Times UK · Jul 9

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Supreme Court Rules Against Trump in the Birthright Citizenship Case

The 6-3 decision is right, and a contrary ruling would have had horrific effects.

Reason · Jun 30

Assessing Non-Packing Rationales For Increasing the Size of the Supreme Court

These arguments are relatively weak. And to the extent they are valid, they can be addressed without changing the Court's ideological balance.

Reason · Jun 12

My New Lawfare Article on "Why Callais Doesn't Justify Court-Packing"

Court-packing would cause great harm, including by boosting power-grabbing presidents like Trump. Callais's flaws are better addressed by other means.

Reason · Jun 10

My New Lawfare Article on "Slavery and Birthright Citizenship"

The article explains how all the standard arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment

Reason · Mar 16

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Anthropic, the Pentagon, and the Defense Production Act

Prof. Alan Rozenshtein (Minnesota) has a very interesting item on this today at Lawfare; I'm not an expert on the… The post Anthropic, the Pentagon, and the Defense Production Act appeared first on Reason.com.

Reason · Feb 25

Does the ICE Crackdown in Minnesota Violate the Tenth Amendment?

Although a federal judge declined to issue a preliminary injunction requested by Minnesota and the Twin Cities, the plaintiffs should still prevail on their claims that the federal government’s actions there are unconstitutional.

Reason · Feb 2

My New Lawfare Article on "Minnesota's Compelling Tenth Amendment Case Against Trump's ICE Surge"

The article describes the suit, and explains why it deserves to prevail.

Reason · Jan 30

Top US prosecutor’s use of text message auto-delete could be illegal, watchdog groups warn

Lindsey Halligan, who brought cases against James Comey and Letitia James, allegedly violated records-retention laws

The Guardian - US · Oct 23, 2025

Who is Lindsey Halligan? Ex‑Beauty Queen Turned Trump Prosecutor in Media Storm After 'Off the Record' Texts

Trump-appointed U.S. Attorney Lindsey Halligan faces backlash after off-the-record texts with a journalist spark a Justice Department ethics storm involving Comey and Letitia James prosecutions.

International Business Times UK · Oct 21, 2025

Trump-appointed prosecutor contacted reporter via Signal to complain about coverage - then tried to claim it was all ‘off the record’

‘You're not a journalist so it's weird saying that but just letting you know,’ Halligan wrote

The Independent UK · Oct 21, 2025

"Evaluating the 'Woke AI' Executive Order"

From Prof. Alan Rozenshtein at Lawfare: Alongside last month's "AI Action Plan"—a broad strategy for promoting innovation while managing risks—last month the Trump… The post "Evaluating the 'Woke AI' Executive Order" appeared first on Reason.com.

Reason · Aug 8, 2025

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Reason · May 15, 2025

My New Lawfare Article "Trump's 'Emergencies' Are Pretexts for Undermining the Constitution"

The article explains why these claims to emergency powers are illegal and dangerous, and how to stop them.

Reason · Apr 18, 2025

My New Lawfare Article on "The Constitutional Case Against Trump's Trade War"

It explains why the IEEPA "Liberation Day" tariffs are illegal and how our case against them relates to the other three cases challenging Trup's tariffs.

Reason · Sep 27, 2024

Lawfare AI Liability Symposium

I'm participating in this in-person event today at the Georgetown Law Center in D.C., and Lawfare is posting the articles… The post Lawfare AI Liability Symposium appeared first on Reason.com.

Reason · Mar 25, 2024

My New Lawfare Article on Why "Immigration is Not Invasion"

Texas is wrong to equate illegal migration and drug smuggling with invasion. If accepted by courts, the argument would set a dangerous precedent.

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Reason · Mar 8, 2024

New Lawfare Article on "What the Supreme Court Got Wrong in the Trump Section 3 Case"

I argue that the justices botched the legal analysis and relied too much on questionable policy considerations.

Reason · Sep 17, 2023

MSNBC Debate with Michael McConnell on Trump and Disqualification Under Section 3 of the 14th Amendment

The debate aired on the Mehdi Hasan show.

Reason · Sep 6, 2023

My New Lawfare Article on Trump and the Use of Section 3 Disqualification as a Tool to Protect Democracy Against itself

Section 3 disqualification is justifiable as a democracy-limiting tool to protect democracy. But there are slippery-slope issues that deserve serious consideration.

Reason · Aug 15, 2023

Jack Goldsmith Responds to Critics on the Dangers of Prosecuting (or not Prosecuting) Trump for Trying to Overturn the 2020 Election

I was one of the critics he responded to, and in this post I offer a rejoinder.

Reason · Aug 5, 2023

Clearing up Common Misconceptions About the Charges Against Trump

Recent articles by Lawfare and Walter Olson perform a valuable service on this front.

Reason · Jun 16, 2023

Trump's Lawyers Cite, And Disagree with Blackman & Tillman On Whether The President Is Or Is Not An "Officer of the United States"

"To be clear, we mean no disrespect to either of these fine academics but their views on this matter are idiosyncratic."

Reason · May 31, 2023

New York District Attorney Bragg Argues That President Trump Was Not An "Officer Of The United States"

Bragg’s argument may harm Trump in the removal case, but in the long run, this argument could help Trump in future political disqualification-related litigation under Section 3 of the Fourteenth Amendment.

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