Benjamin Wittes (born November 5, 1969) is an American legal journalist. He is editor in chief ofLawfare and senior fellow in governance studies atThe Brookings Institution, where he is the research director in public law, and co-director of theHarvard Law School–Brookings Project on Law and Security.^[1] He works principally on issues related to American law and national security. Wittes was number 15 on thePolitico 50 of 2017, described as "Bard of the Deep State".^[2]

Benjamin Wittes
Wittes in 2013
Born	(1969-11-05)November 5, 1969 (age 55) Boston, Massachusetts, U.S.
Alma mater	Oberlin College (BA)
Occupation	Journalist
Known for	Lawfare
Spouse	Tamara Cofman Wittes

Wittes was born in 1969 inBoston,Massachusetts. He attended aJewish day school in New York City,^[3] and earned a Bachelor of Arts degree fromOberlin College in 1990.^[4]

After a stint covering theUnited States Department of Justice and federal regulatory agencies forLegal Times,^[1] he worked as an editorial writer forThe Washington Post, concentrating on legal affairs from 1997 to 2006. Wittes has written forThe Atlantic andThe New Republic, and has contributed columns toSlate,Wilson Quarterly,The Weekly Standard,Policy Review, andFirst Things.^{[citation needed]}

In 2010, Wittes, along withRobert Chesney andJack Goldsmith, co-foundedLawfare, a blog dedicated to analyzing how the actions of the American government to protect the nation interact with American law.^[5] The website was radically modernized^{[clarification needed]} in June 2013.^[6]

In a January 2017 blog post, Wittes characterized theTrump administration as "malevolence tempered by incompetence."^[7] This description was echoed by others.^[8][9][10]

ThroughLawfare, Wittes establishedTrump Trials and Tribulations^[11] andA Guide to Trump's Trials^[12] to cover criminal indictments against Donald Trump. He and his team at Lawfare attended courtroom proceedings in the Southern District of Florida, New York City, Washington, D.C., and Fulton County, Georgia, and aired weekly discussion of developments in these cases.

In May 2017, Wittes contactedNew York Times reporter Michael Schmidt to tell him about a conversation he'd had with former FBI DirectorJames Comey when they had lunch together in March 2017. Wittes said President Trump had asked Comey for a loyalty oath, and that Trump had allegedly tried to influence Comey when the FBI was investigating possible ties between Trump's associates and Russia.^[2] Schmidt asked Wittes why he was disclosing this information. Wittes said he wasn't doing it at Comey's request, but had decided that the public should know about it.^[13] Wittes contributed to theLawfare podcast calledThe Report.^[14]

In 2020, Wittes launched the showIn Lieu of Fun with journalist and law professorKate Klonick. Conceived as an alternative to the presidential briefings on the ongoingCOVID-19 pandemic, the show aired live daily with Klonick and Wittes vowing to continue streaming until the pandemic was over. The show altered its format in 2021 to air only within the weekday and addedScott J. Shapiro and Genevieve DellaFerra as co-hosts. The show featured guests and audience participation and was often political in nature.^[15]

On April 13, 2022, Wittes and a group of activists projected images of the Ukrainian flag across the facade of the Russian Embassy in Washington, D.C. in the first of a series of lightshows he calls "Special Military Operations." Projections have expanded to include images of solidarity for Ukraine and language protesting the Russian invasion and have taken place on Washington's National Mall and in cities including Berlin, Brussels, Helsinki, Ottawa, Paris, and Stockholm. Wittes explains the theory behind his operation: "It was the most invasive, obtrusive, obnoxious thing that I could do to Russian diplomats that does not molest or do violence to their prerogatives as diplomats in the United States." The operation has generated Russian embassy reaction including counter-projection of the Russian pro-warZ (military symbol) and deployment of personnel to interfere with the projection using an umbrella.^{[16][17][18][19]}

The Ministry of Foreign Affairs of the Russian Federation banned Wittes from entering its territory on March 14, 2024, misspelling his name as "Witts." The ban applies to "those involved in conceiving, carrying out and justifying the anti-Russia policy adopted by the current administration of the United States, as well as those directly involved in anti-Russia undertakings" and names a total of 227 business and technology leaders, attorneys, journalists, academics, and government officials in civilian foreign aid, energy, security, intelligence, treasury, judiciary, and foreign service departments.^[20]

In 2021,The Bulwark published a 35-episode seriesA French Village Podcast with Sarah Longwell and Ben Wittes, providing commentary on a 2009 television show about the Nazi occupation of a small town in France and exploring the themes of courage, complicity, and attempts to maintain neutrality in moments of moral urgency.^[21][22]

He is married toTamara Cofman. Like Wittes, she has been a fellow at the Brookings Institution for many years. She is a writer and former diplomat who served as Deputy Assistant Secretary for Near Eastern Affairs at theUnited States Department of State from November 2009 to January 2012.^{[citation needed]}

• Unmaking the Presidency: Donald Trump's War on the World's Most Powerful Office (2020), with Susan Hennessey,ISBN 978-0374175368
• Notes on the Mueller Report: A Reading Diary (2019)
• Speaking the Law: The Obama Administration's Addresses on National Security Law (2015) with Kenneth Anderson
• The Future of Violence: Robots and Germs, Hackers and Drones – Confronting A New Age of Threat (2015) with Gabriella Blum.
• Detention and Denial: The Case for Candor after Guantánamo (2010), details howU.S. detention policy is a tangle of obfuscation, rather than a conscious serious set of moral, legal, and policy choices.^[23]
• Law and the Long War: The Future of Justice in the Age of Terror (2008)^[24]
• Confirmation Wars: Preserving Independent Courts in Angry Times (Rowman & Littlefield, 2006) addresses transformations ofjudicial confirmation process has undergone. Wittes argues that these changes should not be understood principally in partisan terms, but as an institutional response on the part of the legislative branch to the growth of judicial power over the previous five decades.^[25]
• Starr: A Reassessment,Yale University Press (2002). Through ten hours of interviews with the formerUnited States Office of the Independent Counsel, Wittes examines the role thatKen Starr played in implementing theEthics in Government Act and investigating the Clinton scandals. Wittes argues Starr should be best understood as a decent man who fundamentally misconstrued his function under the independent counsel law.^[26]

• Rauch, Jonathan & Benjamin Wittes (March 2018)."Boycott the GOP". Disptaches. Politics.The Atlantic.321 (2):13–16.

• Benjamin Wittes at the Brookings Institution
• Benjamin Wittes onTwitter
• Appearances onC-SPAN