Benjamin Wittes, Lawfare

Benjamin Wittes


Washington, DC, United States

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  • Unknown
  • Lawfare
  • The Atlantic
  • Foreign Policy
  • Brookings

Past articles by Benjamin:

Unpacking the Biden Special Counsel Announcement

This special counsel investigation is going nowhere. → Read More

An Update on Homeland Security Intelligence Reporting on Me

Two significant developments concerning DHS’s intelligence reporting on journalists. → Read More

A Modest Proposal

The first thing Nancy Pelosi should do if she retains her position as speaker of the house. → Read More

The Eleventh Circuit Cleans Up the Mess

The much needed appellate intervention puts the Mar-a-Lago investigation back on track. → Read More

A Justice Department Show of Force in the Mar-a-Lago Case

The department’s Mar-a-Lago filing leaves little doubt where its investigation is heading, but suggests it will take a while to get there. → Read More

A Lawfare Hacking and Cybersecurity Course

On Tuesday evenings starting on Sept. 20, you can take a live hacking class on Lawfare. Join us! → Read More

How to Evaluate Progress in the Justice Department's Jan. 6 Investigation

We have taken different views of the Justice Department’s Jan. 6 investigation so far. Here’s what we’re all looking to see going forward. → Read More

In Defense of the Justice Department

“Do your job!” is just one small step removed from “Lock him up!” which is no different at all from “Lock her up!”—even if it feels entirely different and altogether more righteous. → Read More

Belatedly Introducing #LiveFromUkraine

Lawfare’s newest experimental podcast. → Read More

Donald Trump’s Impeachment Lies to Congress

The big reveal from Cassidy Hutchinson’s testimony and the Jan. 6 hearings that nobody’s talking about. → Read More

Thoughts on the Michael Sussmann Verdict

The Michael Sussmann case was an attempt to supplant the traditional understanding of the Trump-Russia story with an insurgent model in which the more important story than the Trump-Russia relationship was the conduct of the investigation of it. → Read More

Donald Trump, John Eastman and the Silence of the Justice Department

How can it be that the most devastating legal opinion ever written about an American president may not trigger a criminal investigation? → Read More

Where Is the Justice Department on the Trump Obstruction Offenses?

Some speculation as the statutes of limitations for offenses described in the Mueller report begin to run down. → Read More

Trump Loses Big on Executive Privilege

The former president is in a dramatically weaker position than he was before the latest D.C. Circuit opinion. → Read More

Introducing The Aftermath: A Podcast Series from

A new narrative podcast series from Lawfare and Goat Rodeo on picking up the pieces after the Jan. 6 insurrection. → Read More

Merrick Garland Needs to Speak Up

The attorney general is steeped in the Justice Department’s culture of quietness. He needs to talk more—like Ed Levi, the man he points to as his model. → Read More

Why the Justice Department is Taking So Long to Indict Steve Bannon

The contempt case against Bannon is actually more complicated than it looks. → Read More

On the Special Counsel’s Weird Prosecution of Michael Sussmann

The indictment of Michael Sussmann is far removed from the supposedly grave FBI misconduct Durham was supposed to reveal. It’s also a remarkably weak case. → Read More

Remembering the Gains of the Afghanistan War

It’s hard to imagine a successful counterterrorism campaign in the years that followed September 11 without the invasion of Afghanistan, which played a decisive role in dismantling what had become a major and persistent threat to American lives. → Read More

Welcoming Natalie Orpett

Lawfare has a new executive editor. → Read More