Lawfare Media, known simply as Lawfare, is a legal policy website founded by law professors Robert Chesney, Jack Goldsmith, Benjamin Wittes that covers national security issues and the use of the legal system regarding political and international relations. The site features commentary from a variety of professors and legal scholars on topics including national security law, threats to democracy, cybersecurity, executive powers, content moderation, domestic extremism, and foreign policy. Lawfare is published by the Lawfare Institute, a nonprofit organization founded to publish the blog, in coordination with the center-left Brookings Institution. Alexander Vindman, a retired military officer who drew national attention for reporting on the phone call that led to President Donald Trump’s first impeachment, is a Pritzker Military Fellow at the Lawfare Institute. ^{1 2 3}

Background

Lawfare was founded in 2010 by University of Texas law professor Robert Chesney, Harvard law professor Jack Goldsmith, and Brookings Institution senior fellow Benjamin Wittes. Wittes has also worked as the editor in chief of the publication since its founding. The publication has been closely connected to the Brookings Institution since its founding, and in 2014, the Lawfare Institute was founded with Wittes as president. ⁴

Lawfare notes that the term “lawfare,” while dating back to the 1950s and considered controversial in some circles, was popularized in 2001 by Air Force Gen. Charles Dunlap, and is defined by the publication as “both to the use of law as a weapon of conflict and, perhaps more importantly, to the reality that America remains at war with itself over the law governing its warfare with others—as well as the law governing its own national security strategy.” ⁵

Coverage and Content

At the launch of Lawfare in 2010, the founders noted that subjects covered would include cybersecurity, Guantanamo Bay litigation, targeted killings, biosecurity, universal jurisdiction, the Alien Tort Statute, the state secrets privilege, “and countless other related and not-so-related matters.” ⁶

The publication notes that at its founding, post-9/11 debates loomed large, including George W. Bush administration counterterrorism measures. The publication also covered Obama administration policy. In contrast, the presidency of Donald Trump was: ⁷

“[marked] by a series of seismic shifts in national security strategy. The focus now was on Russian election interference and information operations, attacks on Muslims and the press, public health, and great-power competition. [and a] shocking emergence of foundational, domestic security concerns having to do with the fragility of bedrock elements of the country’s political order—including but not limited to rising domestic extremism on the right, the abuse of presidential power, serious and not-serious talk about a “deep state,” and the involvement of foreign actors in the political system.” ⁸

The publication devoted significant coverage to Donald Trump’s presidency, including establishing the January 6 Project dedicated to “coverage of the Jan. 6, 2021, attack on the Capitol and the government’s response.” ⁹

People and Affiliated Organizations

Lawfare Media is jointly published by the Lawfare Institute and the Brookings Institution. The co-founders of the publication, Benjamin Wittes, Robert Chesney, and Jack Goldsmith remain active within the organization, with Wittes working as editor in chief and the other two on the masthead as founding editors. Chesney and Goldsmith respectively work as treasurer and secretary of the Lawfare Institute, while Wittes is president. The founders receive no compensation, but the institute employs Natalie Orpett as executive editor and David Priess as chief operating officer; both individuals earn over $150,000 in annual salary from the organization. ^{10 11 12}

Alexander Vindman, a retired military officer who drew national attention for reporting on the phone call that led to then-President Donald Trump’s first impeachment, is a Pritzker Military Fellow at the Lawfare Institute, earning a salary of $129,000 annually. ^{13 14 15}

1. “Here, Right Matters: A Conversation with Alexander Vindman.” Museum of Jewish Heritage. October 27, 2021. Accessed February 12, 2024. https://mjhnyc.org/events/here-right-matters-a-conversation-with-alexander-vindman/
2. Return of Organization Exempt from Income Tax (Form 990). Lawfare Institute. 2022. https://projects.propublica.org/nonprofits/organizations/462967640/202313199349327321/full
3. “About Lawfare.” Lawfare. Accessed February 12, 2024. https://www.lawfaremedia.org/about/about-lawfare
4. Return of Organization Exempt from Income Tax (Form 990). Lawfare Institute. 2022. https://projects.propublica.org/nonprofits/organizations/462967640/202313199349327321/full
5. “Our Story.” Lawfare. Accessed February 12, 2024. https://www.lawfaremedia.org/about/about-lawfare
6. “Our Story.” Lawfare. Accessed February 12, 2024. https://www.lawfaremedia.org/about/about-lawfare
7. “Our Story.” Lawfare. Accessed February 12, 2024. https://www.lawfaremedia.org/about/about-lawfare
8. “Our Story.” Lawfare. Accessed February 12, 2024. https://www.lawfaremedia.org/about/about-lawfare
9. “The January 6 Project.” Lawfare. Accessed February 12, 2024. https://www.lawfaremedia.org/current-projects/the-jan.-6-project
10. “Here, Right Matters: A Conversation with Alexander Vindman.” Museum of Jewish Heritage. October 27, 2021. Accessed February 12, 2024. https://mjhnyc.org/events/here-right-matters-a-conversation-with-alexander-vindman/
11. Return of Organization Exempt from Income Tax (Form 990). Lawfare Institute. 2022. https://projects.propublica.org/nonprofits/organizations/462967640/202313199349327321/full
12. “About Lawfare.” Lawfare. Accessed February 12, 2024. https://www.lawfaremedia.org/about/about-lawfare
13. “Here, Right Matters: A Conversation with Alexander Vindman.” Museum of Jewish Heritage. October 27, 2021. Accessed February 12, 2024. https://mjhnyc.org/events/here-right-matters-a-conversation-with-alexander-vindman/
14. Return of Organization Exempt from Income Tax (Form 990). Lawfare Institute. 2022. https://projects.propublica.org/nonprofits/organizations/462967640/202313199349327321/full
15. “About Lawfare.” Lawfare. Accessed February 12, 2024. https://www.lawfaremedia.org/about/about-lawfare