Lawfare (blog)

Lawfare (blog)
source
Name	Lawfare
Launch date	September 2010
Current status	Active

Lawfare (blog). Launched in September 2010, it is a leading online publication dedicated to the intersection of national security, law, and policy. Founded by legal scholars Benjamin Wittes and Jack Goldsmith, the blog provides nonpartisan analysis of complex legal issues arising from the War on Terror, cybersecurity, and executive power. It has become an essential resource for journalists, academics, and government officials seeking in-depth commentary on contemporary legal challenges.

History and founding

The blog was conceived in the aftermath of the September 11 attacks, a period that saw significant legal debates over the Authorization for Use of Military Force and the treatment of detainees at Guantanamo Bay. Co-founders Benjamin Wittes of the Brookings Institution and Jack Goldsmith of Harvard Law School sought to create a platform for sober, rigorous discussion of these emerging issues. The project was initially housed under the governance studies program at the Brookings Institution, providing it with institutional support and scholarly credibility. Its early focus was heavily shaped by the legal controversies of the George W. Bush administration and the early years of the Barack Obama administration.

Content and coverage

The blog publishes a wide array of content, including daily analysis, long-form essays, and primary document compilations. Its core coverage areas include international law, foreign intelligence surveillance, election security, and the legal authorities of institutions like the Central Intelligence Agency and the National Security Agency. Regular features include the “Lawfare Podcast,” hosted by figures such as David Priess, and detailed coverage of major events like the January 6 United States Capitol attack and the Mueller investigation. It frequently publishes exclusive documents, such as legal memos from the Office of Legal Counsel, and provides real-time analysis of congressional hearings involving bodies like the Senate Judiciary Committee.

Editorial stance and influence

The publication maintains a stated commitment to nonpartisanship and evidence-based legal analysis, though its perspective is often described as centrist or within the Washington, D.C. legal establishment. This stance has allowed it to wield considerable influence within policy circles, the media, and the federal judiciary. Its analyses are regularly cited by outlets like The New York Times and The Washington Post, and its writers frequently testify before committees like the House Permanent Select Committee on Intelligence. The blog’s focus on the procedural and constitutional dimensions of security policy often places it at the center of debates over the balance of power between the White House and Congress.

Notable contributors and staff

Beyond its founders, the blog features contributions from a distinguished roster of legal experts, former government officials, and scholars. Notable editors and regular writers have included Susan Hennessey, Scott R. Anderson, and Quinta Jurecic. Former officials such as Carrie Cordero and Mikhaila Fogel have also served in editorial roles. Contributors have spanned the ideological spectrum and included figures like Robert Chesney from the University of Texas School of Law and Helen Klein Murillo. This diverse staff ensures coverage across a broad range of legal and security specialties.

Reception and impact

The blog is widely regarded as an authoritative and indispensable source in its field, praised for its depth, timeliness, and clarity in explaining complex legal matters. It has received positive recognition from institutions like the American Bar Association and is frequently used as a teaching tool in courses at Georgetown University Law Center and Stanford Law School. Critics, however, have occasionally argued that its establishment orientation can lead to an overemphasis on procedural consensus at the expense of more radical critiques of security policy. Despite this, its impact on public discourse and legal scholarship concerning national security law is broadly acknowledged as substantial.

Related projects and initiatives

The blog’s success has spawned several affiliated projects and initiatives. These include the “Lawfare Press,” which publishes books and research papers, and the “Lawfare Institute,” a nonprofit entity that supports the publication’s operations. It also collaborates on events and research with other think tanks, such as the Hoover Institution and the University of Texas at Austin. Furthermore, the team helped launch the “Cyber Law Podcast,” examining issues at the nexus of technology and law, and has been involved in projects documenting legal materials related to significant events like the impeachment of Donald Trump.

Category:American political blogs Category:National security websites Category:Legal blogs