Benjamin Wittes

Benjamin Wittes – Life, Career, and Influence

Benjamin Wittes (born November 5, 1969) is an American legal journalist, editor of Lawfare, and scholar in national security law. Read about his biography, professional trajectory, major works, ideas, and legacy.

Introduction

Benjamin Wittes is a prominent American journalist, legal scholar, and commentator whose work focuses on the intersections of law, national security, and governance. As editor-in-chief of Lawfare and a senior fellow at the Brookings Institution, he has become an influential voice in debates over executive power, civil liberties, and democratic institutions in the United States.

Early Life and Education

Benjamin Wittes was born on November 5, 1969 in Boston, Massachusetts.
He grew up partly in New York City and attended a Jewish day school during his youth.

He later enrolled at Oberlin College, from which he graduated in 1990 with a Bachelor of Arts degree.

In addition to his academic training, Wittes holds black belts in taekwondo and aikido—disciplines that reflect his interest in discipline, strategy, and resilience.

Career and Achievements

Early Journalism & Legal Reporting

Wittes began his career reporting on legal and regulatory topics. He worked at Legal Times, covering the U.S. Department of Justice and federal agencies.

From 1997 to 2006, he joined The Washington Post as an editorial writer, focusing on legal affairs.

During this period, his bylines also appeared in a variety of magazines and journals including Slate, The Atlantic, The New Republic, The Weekly Standard, Policy Review, and First Things.

Founding Lawfare

In 2010, Wittes co-founded Lawfare (with Robert Chesney and Jack Goldsmith), a platform dedicated to serious, non-partisan discussion of law, national security, and governance.
He serves as editor-in-chief of Lawfare, guiding its editorial direction and often contributing deep analytic pieces.

Under his leadership, Lawfare has also launched podcasts, newsletters, and specialized coverage of high-stakes legal and national security cases.

Role at Brookings & Institutional Affiliations

Wittes is a senior fellow in Governance Studies at the Brookings Institution and co-director of the Harvard Law School–Brookings Project on Law and Security.
He also holds responsibilities as research director in public law and is involved in Brookings’s work on law, technology, and security.

He has also participated with the Hoover Institution in national security and law working groups.

Writing & Thought Leadership

Wittes has published several influential books and essays. Some of his major works include:

• Starr: A Reassessment (2002) — a reconsideration of independent counsel Ken Starr’s role.

• Confirmation Wars: Preserving Independent Courts in Angry Times (2006) — on the evolution of judicial confirmations.

• Law and the Long War: The Future of Justice in the Age of Terror (2008) — on post-9/11 justice, national security, and legal constraints.

• Detention and Denial: The Case for Candor after Guantánamo (2011) — critical analysis of U.S. detention policy.

• The Future of Violence: Robots and Germs, Hackers and Drones (2015, with Gabriella Blum) — exploring technological disruption and new security challenges.

• Unmaking the Presidency: Donald Trump’s War on the World’s Most Powerful Office (2020, with Susan Hennessey) — on constitutional tensions and executive power.

• Notes on the Mueller Report: A Reading Diary (2019) — Wittes’s reflections and commentary on the Mueller investigation.

He has also edited or contributed to collections on constitutional challenges, technology, and governance.

Public Intervention & Recent Activities

Wittes has engaged in public discourse beyond journalism. For instance, during the Trump presidency, he gained attention for a 2017 blog post characterizing the administration as “malevolence tempered by incompetence.”

He has also involved himself in symbolic activism: in April 2022, he and collaborators projected images of the Ukrainian flag on the façade of the Russian Embassy in Washington, D.C. — part of what he called “Special Military Operations” via light projections.

In response, Russia’s Ministry of Foreign Affairs later banned him from entering its territory, citing his involvement in anti-Russia policy and commentary.

Themes, Ideas & Influence

Legal Constraints, Executive Power & Accountability

A central theme in Wittes’s work is the tension between national security imperatives and the rule of law. He persistently questions the balance: how far can executive authority extend before violating constitutional norms?

He is concerned with transparency, candid governance, and the need for legal frameworks to adapt to technological and security challenges.

Technological Disruption & New Threats

In The Future of Violence, Wittes explores how developments in drones, cyber tools, biology, and artificial intelligence complicate traditional legal and security paradigms.

He argues that laws and governance must anticipate not only known threats, but emergent ones created by accelerating innovation.

Institutional Integrity & Democratic Norms

Through his books on confirmations, presidency, and the courts, Wittes advocates for protecting institutions—courts, checks and balances, procedural fairness—from political overreach.

His writing often stresses that procedural legitimacy and rule-based governance matter no less than outcomes in a democracy.

Contributions & Legacy

• Lawfare’s impact: Under Wittes’s leadership, Lawfare has become a respected platform for rigorous legal and security analysis—widely cited by academics, policymakers, and journalists.

• Bridging communities: Wittes occupies a space at the intersection of journalism, scholarship, and policy — enabling conversation across those realms.

• Shaping debates on executive power: His work on presidency, constitutional law, and the courts is part of how contemporary observers frame debates about Trump, Biden, and future presidencies.

• Forward-looking on tech & security: His foresight on how emerging technologies challenge legal regimes is among the more prescient voices in his generation.

• Public intellectual presence: Through articles, editorial commentary, and public engagements, he has contributed to shaping public understanding of complex legal and security issues.

Notable Quotes & Excerpts

While Wittes is primarily known for analytical and journalistic works rather than aphoristic quotes, here are a few illustrative lines and ideas:

• In 2017, he described the Trump administration as “malevolence tempered by incompetence.”

• He has emphasized “candor” in governance: calling for clarity and honesty in governmental and security processes (especially in Detention and Denial).

• From The Future of Violence: he warns of a world in which robots, hackers, and biological threats push the limits of our legal and institutional systems.

Lessons from Benjamin Wittes

1. Deep scholarship enhances public discourse
   Wittes shows how well-grounded legal and policy expertise, when communicated clearly, can enrich journalism and public debate.

2. Institutions matter, even in crisis
   His work is a reminder that even in emergencies, adherence to processes, checks, and norms is essential to preserving democratic integrity.

3. Anticipate change, don’t just react
   By addressing emerging threats (AI, bio, cyber) early, Wittes models how thought leadership must look ahead rather than merely responding.

4. Courage in commentary
   Wittes’s willingness to critique powerful actors (including presidents) demonstrates the role of independent and principled voices in public life.

5. Plural roles can amplify impact
   Combining scholarship, journalism, institutional affiliation, and public engagement, Wittes leverages multiple platforms to influence both specialists and general audiences.

Conclusion

Benjamin Wittes has established himself as a critical voice in the legal and national security spheres. From his journalism roots to founding Lawfare and producing influential books, his work bridges the gap between theory and real-world governance. His focus on institutional health, evolving threats, and principled accountability makes him a significant contemporary thinker in America’s legal and political landscape.