Lawfare

Lawfare is tracking over 70 cases of legal challenges to the Trump administration’s executive orders and actions, as well as cases on behalf of the Trump administration to enforce them.

Check out the tracker here, updated by @annahickey.bsky.social: www.lawfaremedia.org/projects-ser...

Michael Feinberg, threatened with demotion over his friendship with a former official on the FBI director’s “enemies list,” details FBI leadership’s efforts to oust him from the Bureau, and his decision to ultimately resign.

www.lawfaremedia.org/article/good...

What does it look like when the government violates court orders in 300 separate immigration habeas cases?

@katherinepomps.bsky.social and @benjaminwittes.lawfaremedia.org announce a new database which tracks government non-compliance with court orders around the country.

Three Hundred Habeas Cases in Which the Government Has Defied Court Orders

A database of non-compliance with court orders around the country.

"The administration is taking the view that they get to lie, and that the Atlantic’s sense of responsibility will conveniently help them cover things up. That’s unacceptable. And it would be very wrong for the Atlantic to play along with it," writes @benjaminwittes.bsky.social in The Situation.

In the Situation, @benjaminwittes.bsky.social celebrates Liberation Day, where Americans are freed from lower prices, the U.S. is freed from supporting our friends and allies, federal workers are freed from their jobs, and law firms are freed from their dignity.

Former FBI agent Michael Feinberg will be joining Lawfare through our Public Service Fellowship.

Our fellowship programs allows former government officials to bring specialized knowledge and expert insights to Lawfare, and is only possible with support from our readers. givebutter.com/f7fpQk

Public Service Fellowship

Alumni of the federal workforce and civil service with expertise in national security, law, and policy

Today, Sen. Mark Kelly filed a suit against the Department of Defense and Secretary Pete Hegseth over the military disciplinary proceedings initiated against him which argues that the government retaliated against Kelly for First Amendment-protected speech. Read the suit, from @pwbeck.bsky.social.

Sen. Kelly Sues Department of Defense Over Disciplinary Actions

The suit alleges the Defense Department retaliated against Kelly for protected speech and interfered with his Article I duties.

Last weekend, @annabower.bsky.social started to receive Signal messages from the U.S. attorney who is leading the prosecution of Letitia James.

Throughout the exchange, Lindsay Halligan complained about Bower’s tweets and reporting on the indictment–but never once asked to be off the record.

“Anna, Lindsey Halligan Here.”

My Signal exchange with the interim U.S. attorney about the Letitia James grand jury.

As DOGE-affiliated employees gain access to executive agency databases, they are likely violating the Privacy Act of 1974 by accessing sensitive personal data without any vetting or congressional authorization, writes @daniellecitron.bsky.social.

DOGE Betrays Foundational Commitments of the Privacy Act of 1974

Musk’s attempts to gain access to agency databases is an egregious violation of the Act, which protects personal information from abuse. 

Almost one in 16 insurrectionists granted clemency by President Trump for their roles in the January 6 Capitol attack have been arrested for, charged with, or convicted of crimes separate from Jan. 6, according to a recent study from Katherine Pompilio.

The Jan. 6 Pardons: How Many Clemency Recipients Have Faced Other Charges?

The real count is much higher than the public knew.

"I have never seen a set of pretrial motions quite like this one in its power and breadth and its attempt comprehensively to dismember the legitimacy of, process behind, and substance of an indictment."

@BenjaminWittes.lawfaremedia.org summarizes Comey's recent motions to dismiss the indictment.

The Situation: James Comey Is Just Asking Questions

So many motions; so many options for dismissal.

The U.S. military is being used inside the United States. There's a lot we don't know about how, why, and under what authorities.

Today, Lawfare is launching a new project–which includes a tracker and a map–to follow where and how the military is being domestically deployed.

"[I]f it doesn’t get aired now in the Senate, this question will get aired later in the courts. There is no way the genie of Patel’s candor is going back in the bottle," writes @benjaminwittes.bsky.social.

"It has been clear for many years, spanning many different presidencies: The adequacy of the guardrails and norms that govern the office, including but far from limited to its immunities and special protections, requires constant, careful attention," writes Bob Bauer.

Did the Legal Process Over the Last Four Years “Fail”?

Under extraordinary pressures and uncertainties, the process was not likely to deliver what many expected or hoped for.

"Trump wanted Gaetz to be his attorney general. And he didn’t get him. And he didn’t get him because at least four Republicans said no. It’s not much, but it’s a start," writes @benjaminwittes.bsky.social.

The Situation: Gaetz Goes Down

Taking wins where I can find them.

@benjaminwittes.bsky.social writes that an FBI "refusing to become political agents of the regime in power would, so far anyway, look almost exactly like what we are seeing."

The Situation: What’s Going on at the FBI?

Don’t look now but the FBI is resisting the political witch-hunt loosed upon it.

BREAKING: Emails obtained by Lawfare reveal that on Monday,the Department of Energy instructed employees to gather information on business dealings between government contractors and law firms caught in President Donald Trump’s cross hairs. The directive has since been rescinded.

Yesterday, Defense Secretary Pete Hegseth announced the end of the Women, Peace, and Security program inside the Defense Department.
A Joint Staff memorandum obtained by @TylerMcBrien.com casts doubt on his claim that troops hated the program.
www.lawfaremedia.org/article/secr...

Secretary Hegseth Ends WPS Program Despite Joint Staff Support

A Joint Staff memorandum reviewed by Lawfare casts doubt on Secretary Hegseth’s claim that troops “hate” implementation of the Women, Peace, and Security Act.

Today, federal government employee unions, represented by Democracy Forward, sued the Labor Department and the U.S. DOGE Service over DOGE's expected attempt to access "sensitive information" at the Labor Dept. Find the suit on Lawfare's Litigation tracker: www.lawfaremedia.org/projects-ser...

"One cannot simply be stripped of their residency, even by Secretary of State Marco Rubio.
Green card holders like Khalil are entitled to due process before having their permanent residency taken away," writes @mboaz.bsky.social. www.lawfaremedia.org/article/how-...

The U.S. military is being used inside the United States. There's a lot we don't know about how, why, and under what authorities.

Lawfare's Domestic Deployments tracker and map, updated by Loren Voss, shows we know—and don’t know—about certain domestic military deployments.

Tracking Domestic Deployments of the U.S. Military

The upcoming main navigation can be gotten through utilizing the tab key. Any buttons that open a sub navigation can be triggered by the space or enter key.

"Without predicting outcomes, however, it’s worth both clarifying the state of the law—especially in the face of false claims from the Trump administration—and identifying some of the key issues Minnesota prosecutors will have to consider," writes @cshaplaw.bsky.social.

Minnesota Can Prosecute Jonathan Ross—But It May Not Be Easy

States can prosecute federal officials for violating state law, depending on the specific facts and laws.

"Don’t kid yourself, folks: There is no magic bullet here," writes @benjaminwittes.lawfaremedia.org in The Situation.

"There is, instead, a long hard slog ahead of us—a long hard slog of elections, advocacy, protest, litigation, and people fighting for their rights."

The Situation: “Evident Clinical Symptoms”

There is no magic bullet solution to a deranged president.

The U.S. military is being used inside the United States. There's a lot we don't know about how, why, and under what authorities.

Lawfare's new project–which includes a tracker and a map–follows where and how the military is being domestically deployed. www.lawfaremedia.org/projects-ser...