The Week That Was

The Fortnight that Was: All of Lawfare in One Post

By Victoria Gallegos
Saturday, March 6, 2021, 8:47 AM

Editor's Note: Because of an error by Editor in Chief Benjamin Wittes, The Week That Was took an unscheduled vacation last week. This post thus covers the previous two weeks.

Rohini Kurup and Benjamin Wittes asked if Jan. 6 was an intelligence failure, a police failure or both. 

Victoria Gallegos shared a livestream of the Senate Judiciary Committee’s hearing on the Jan. 6 insurrection, domestic terrorism and other threats, featuring testimony from Christopher Wray, director of the FBI. And Jen Patja Howell shared an episode of the Lawfare Podcast with a no-bull version of Wray’s testimony: 

Tia Sewell and Wittes analyzed the questions Wray wasn’t asked during his appearance before the committee. 

Sewell shared a livestream of the first Senate joint committee hearing on the Jan. 6 Capitol attack. Gallegos shared a livestream of the second joint hearing. And Howell shared an episode of the Lawfare Podcast with a no-bull version of the second Senate joint hearing:

Scott R. Anderson, Joshua Braver and Alan Z. Rozenshtein assessed a new lawsuit filed which seeks to hold former President Trump and others responsible for the Jan. 6 events under a Reconstruction-era statute.

Jacob Schulz examined the 2012 trial of the Hutaree militia, the last seditious conspiracy case tried by the Justice Department. 

Brian C. Kalt analyzed how the Trump impeachment may be a precedent for future late impeachments. 

Alvaro Marañon shared a livestream of the House Financial Services Subcommittee’s hearing on domestic terrorism financing in the aftermath of the Jan. 6 insurrection. 

Quinta Jurecic and Bryce Klehm examined the status of the Trump financial document cases. 

Howell shared an episode of the Lawfare Podcast, featuring a conversation with Rosa Brooks about her book “Tangled Up in Blue: Policing the American City”:

Gallegos shared a livestream of the House Appropriations Legislative Subcommitee’s hearing on the fiscal 2022 Capitol Police budget, featuring testimony from Yogananda Pittman, the acting chief of Capitol Police. 

Sewell shared a livestream of the Senate Judiciary Committee confirmation hearing of Merrick Garland as next the attorney general. Sewell also shared a livestream of the Senate Intelligence Committee hearing on the nomination of William Burns to be the next director of the CIA. And Howell shared an episode of the Lawfare Podcast, featuring a no bull version of the Garland hearing: 

Wittes analyzed the Garland hearing and the Republican questions to the attorney general designee. 

Howell also shared an episode of Rational Security, the “Confirm and Deny” edition: 

Zia M. Faruqui, Jessie K. Liu and Noha K. Moustafa examined the expanded government authority granted by the Anti-Money Laundering Act of 2020.  

Shayan Karbassi explained President Biden’s invocation of the Defense Production Act.

John Bellinger analyzed President Biden’s inaugural war powers report.

Bill Priestap and Holden Triplett analyzed an assortment of illicit tactics used by foreign intelligence services.

Kurup announced an episode of Lawfare Live discussing a new report on restoring federal government ethics and the rule of law:

powered by Crowdcast

Harsha Panduranga and Faiza Patel argued that revocation of the Trump administration’s Muslim ban does not make Americans less safe.

Sarah Libowsky and Krista Oehlke reviewed President Biden’s executive actions on immigration.

William W. Burke-White argued that the Biden administration must adopt new principles for U.S. multilateral diplomacy in face of a new geostrategic environment. 

Jon Temin argued that civil society should be at the center of foreign policy. 

Julia Spiegel argued that the Biden administration should embrace foreign affairs federalism. 

Lester Munson shared an episode of Fault Lines, featuring a conversation with David Gordon, former director of policy planning at the State Department, about foreign policy and the middle class:

Elliot Setzer discussed the Eighth Circuit’s striking down an Arkansas anti-BDS law.

Jessica Rich proposed five reforms the Federal Trade Commission can undertake to increase its reach and effectiveness.

Alexandra Klass analyzed the Texas grid failure and offered suggestions on how to avoid similar outcomes in the future.

Howell shared an episode of the Lawfare Podcast, in which Klass, law professor at the University of Minnesota Law School and expert on energy law and policy, discusses the Texas energy crisis:

John Costello and Mark Montgomery explained how the newly established national cyber director position will work. 

Michael Garcia and Patrick Shilo argued that current federal laws and grants are not enough to combat cyber threats. 

Sewell shared a livestream of the Senate Intelligence Committee’s hearing on the SolarWinds breach. 

Laura DeNardis and Gordon M. Goldstein argued the real lesson of the Texas power failure: infrastructure unprepared to handle a cyber attack. 

Stewart Baker shared an episode of the Cyberlaw Podcast, entitled “When Will Cyberattacks on the Grid Become the New Normal?”:

Baker also shared an episode of the Cyberlaw Podcast, titled “NSA’s Pre-History is a Love Story”: 

Munson also shared an episode of Fault Lines, featuring an interview with Nicole Perlroth,  cybersecurity reporter for the New York Time, about her book “This is How They Tell Me the World Ends: The Cyberweapons Arms Race”: 

Randy Milch argued that what’s good for litigation isn’t necessarily good for cybersecurity.

Simon Young examined Hong Kong’s High Court review of its new national security law. 

Howell shared an episode of the Lawfare Podcast, featuring a conversation between Benjamin Wittes and David Hoffman, associate general counsel and global privacy officer for the Intel Corporation, about trust and technology development:

Mary Anne Franks examined Section 230 of the Communications Decency Act in her paper “Section 230 and the Anti-Social Contract,” published as part of Lawfare’s Digital Social Contract series. Howell shared an episode of the Lawfare Podcast, featuring an interview with Franks, law professor at the University of Miami, about her recent Lawfare paper:

Nicol Turner Lee shared an episode of TechTank, featuring a discussion about Section 230 and the regulation of free speech online:

Mark MacCarthy examined the future of Section 230 reform. 

Abby Lemert analyzed the public comments submitted to the Facebook Oversight Board about its decision to indefinitely ban Donald Trump’s Facebook account. 

Carly Miller argued that Facebook needs to put all of its policies in one place.

Evelyn Douek examined the good and bad parts of Facebook’s response to the Facebook Oversight Board’s first set of decisions. 

Howell shared an episode of Lawfare’s "Arbiters of Truth" series, in which Evelyn Douek and Quinta Jurecic spoke with Emily Bell, the founding director of the Tow Center for Digital Journalism at Columbia Journalism School, about journalism in the platform era:

Howell shared an episode of Lawfare’s "Arbiters of Truth" miniseries, in which Lawfare’s Evelyn Douek and Quinta Jurecic spoke with Rasmus Kleis Nielson, director of the Reuters Institute and professor of political communication at the University of Oxford, about the fight between Australia and Facebook:

Munson shared an episode of Fault Lines, titled “JCPOA Redux and FacePlant in Australia”: 

Jordan Schneider shared an episode of ChinaTalk, featuring a conversation about China’s quest for foreign technology: 

Schneider also shared an episode of ChinaTalk in which Aizhe, a founder of a leading Chinese podcast, discusses the state of journalism in modern China: 

Karman Lucero examined the harm caused by the China Initiative. 

Elsa Kania and Joe McReynolds argued that the Biden administration should review and rewrite the Trump administration’s China Initiative. 

Howell shared an episode of Rational Security, the “Did I Say ‘Pariah’?” edition:

Klehm announced an episode of Lawfare Live, in which Marsin Alshamary, a post-doctoral research fellow at the Brookings Institution who studies Iraqi politics joined Scott Anderson and Benjamin Wittes to answer questions about recent events in Iraq: 

powered by Crowdcast

Howell shared an episode of the Lawfare Podcast, featuring the conversation on Iraq:

Robert Chesney and Steve Vladeck shared an episode of the National Security Law Podcast, in which they discuss the recent airstrike in Syria, Islamic State detainees and other national security law topics:

Klehm also shared the declassified U.S. intelligence report which concluded the Saudi Crown Prince Mohammed bin Salman ordered the killing of Jamal Khashoggi. 

Jacob Schulz analyzed the recent conviction of Nicolas Sarkozy, the former president of France.

Matthew Kahn announced an online conference on March 1-5, titled “Race and Intersectional Critiques of National Security Law,” co-hosted by the Harvard National Security Journal and the Lieber Institute of Law and Land Warfare at West Point. 

And Chesney announced the U.S. Cyber Command’s annual legal conference, which occurred virtually on March 4. 

And that was the fortnight that was.