Today on Lawfare: July 15, 2025

From The Lawfare Editorial Team

Compiled by Mary Ford

Articles

The Awkward History of Russia’s Recent Recognition of the Taliban

Emily Hoge discussed the historical context surrounding Russia’s decision to recognize the Taliban as the official government of Afghanistan—including the defeat of the Soviets by the mujahideen more than 30 years ago—and explained how the Kremlin and its supporters have rewritten the history of the Soviet-Afghan War.

The recognition isn’t a sudden move. It reflects the steady improvement of the relationship between Russia and the Taliban over the past decade. In the years before the U.S. withdrawal in 2021, Russia had begun to covertly cultivate ties with the Taliban as it sought to hedge its bets ahead of the impending American exit from the country. During the fall of Kabul, as droves of foreign embassies shuttered and evacuated staff in advance of a Taliban takeover, Russia was one of few countries to keep its embassy open, with diplomatic staff making public pronouncements about how safe they felt in the city—even as bombings and firefights broke out around them.

Crossing the Rubicon: U.S. Government Cash for Human Rights Violations

Sarah Harrison explained how the Trump administration has used existing loopholes in various legal statutes to justify President Donald Trump’s payment to Salvadoran President Nayib Bukele in exchange for the prolonged arbitrary detention of hundreds of men at CECOT.

But, setting aside the many other important legal issues at play here, President Trump’s payment to another country invites the question of how such a scheme could be legally possible. And the answer appears to be found in the various loopholes that exist in relevant U.S. statutes, which have provided a pathway for the use of U.S. security assistance for the explicit purpose of imprisoning hundreds of people in prolonged detention without charges or trial. Congress should act to fix them.

Podcasts

Lawfare Daily: David Noll on Civil Contempt Against a Defiant Executive: David Noll joined Alan Rozenshtein to discuss his latest Lawfare Research report, “Civil Contempt Against a Defiant Executive,” non-custodial sanctions, the arrest power of U.S. Marshals, and more.

Scaling Laws: Cass Madison and Zach Boyd: State Level AI Regulation: Kevin Frazier sat down with Cass Madison and Zach Boyd to discuss how state governments are responding to artificial intelligence (AI) adoption, Boyd’s experience leading one of the most innovative state AI offices, and more.

Announcements

The Trials of the Trump Administration, our coverage of President Trump’s executive actions and their legal challenges, now includes a page devoted to tracking the status of Alien Enemies Act cases in federal courts. Find the page here.

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