Politics & National Security
The Attempt to Dissolve the NRA Threatens Democratic Norms
Alan Z. Rozenshtein Tue, Aug 11, 2020, 1:02 PM
New York’s attorney general goes after a political opponent.
FISA
Justice Department Completes Review of Errors in FISA Applications
Jeremy Gordon Tue, Aug 11, 2020, 12:05 PM
The Justice Department reported that most of the errors identified by the Office of the Inspector General were minor and none invalidated surveillance authorizations.
Data Protection
The Strategic Vision Behind the TikTok, WeChat Bans
Jim Dempsey Tue, Aug 11, 2020, 10:48 AM
The latest moves are part of a comprehensive strategy to purge anything Chinese from the U.S. telecommunications and internet ecosystem.
Congress
Republicans Can Learn From Democrats’ Foreign Affairs Committee Contest
Christopher Estep Tue, Aug 11, 2020, 8:01 AM
Republicans’ committee leadership term limits are not the only tool to hold legislators accountable and promote healthy turnover.
Podcasts
The Lawfare Podcast: The McGahn Decision and Proxy Voting
Jen Patja Howell Tue, Aug 11, 2020, 5:01 AM
Last week, the DC Circuit Court of Appeals in Washington handed down a major en banc decision on the question of whether the president's former White House Counsel, Don McGahn, even needs to show up in response to a congressional subpoena, or whether he has absolute immunity from testifying before Congress. A strong seven judge majority of the DC Circuit overturned a panel opinion that had held that a congressional committee had no standing to sue to enforce its subpoena. The full DC Circuit ruled that yes, it does have standing.
The Week That Will Be
The Week That Will Be
Tia Sewell, Matt Gluck Mon, Aug 10, 2020, 5:17 PM
Lawfare's weekly round-up of event announcements and employment opportunities.
Today's Headlines and Commentary
Today’s Headlines and Commentary
Matt Gluck Mon, Aug 10, 2020, 3:25 PM
Lawfare’s daily roundup of national security news and opinion.
China
How the World Enables China's Legal Gamesmanship
Jonathan G. Odom Mon, Aug 10, 2020, 1:00 PM
The long pattern of China’s uncontested nominations to the International Tribunal for the Law of the Sea has emboldened Beijing to disregard the rule of law without facing consequences.
Healthy Elections Project
Wisconsin’s 2020 Primary in the Wake of COVID-19
Joaquin Garcia, Zahavah Levine, Bea Phi, Peter Prindiville, Jeff Rodriguez, Lexi Rubow, Grace Scullion Mon, Aug 10, 2020, 11:06 AM
While political divides hindered Wisconsin’s ability to administer a safe, fair and orderly April 7 primary election in the pandemic, the state is now preparing for its Aug. 11 primary and the Nov. 3 general election with CARES Act funding and its Safe Voting Plan.
Podcasts
The Lawfare Podcast: Jim Sciutto on Trump and 'The Madman Theory'
Jen Patja Howell Mon, Aug 10, 2020, 5:01 AM
During the Vietnam War, Richard Nixon employed an unusual scare tactic in his efforts to reach a withdrawal—he led Vietnam to believe he was crazy enough to start a nuclear war, an approach he described as the madman theory. From his first days in office, President Trump has employed his own madman theory, from menacing North Korea with fire and fury to threatening withdrawal from NATO, leaving not just adversaries, but also U.S. allies and even his own advisors unsure of what he will do next.
Foreign Policy Essay
The Real Security Innovation Gap
Sarah Sewall, Michael Vickers Sun, Aug 9, 2020, 10:01 AM
The United States risks falling behind on microelectronics, telecommunications and biotech, and the private sector can only do so much to help.
The Week That Was
The Week that Was: All of Lawfare in One Post
Matt Gluck, Tia Sewell Sun, Aug 9, 2020, 8:15 AM
Your weekly summary of everything on the site.
Social Media
Could the TikTok and WeChat Executive Orders Undermine IEEPA?
Elena Chachko Sat, Aug 8, 2020, 2:49 PM
The administration’s move may invite additional restrictions on the application of a key U.S. foreign and security tool.
Documents
Office of the Director of National Intelligence Issues Statement on Foreign Interference in the 2020 Election
Matt Gluck Fri, Aug 7, 2020, 5:45 PM
The Office of the Director of National Intelligence released a statement Friday outlining foreign threats to the integrity of the 2020 election.
Today's Headlines and Commentary
Today’s Headlines and Commentary
Tia Sewell Fri, Aug 7, 2020, 4:05 PM
Lawfare’s daily roundup of national security news and opinion.
Social Media
Banning TikTok and WeChat: Another Primer
Robert Chesney Fri, Aug 7, 2020, 2:35 PM
Because now you really need to explain things to your teenager.
Civil Liberties and Constitutional Rights
I Ran the DHS Intelligence Unit. Its Reports on Journalists are Concerning.
Francis X. Taylor Fri, Aug 7, 2020, 1:43 PM
Reports that the Department of Homeland Security's Office of Intelligence and Analysis has gathered intelligence on journalists are troubling—especially because the office, properly run, has a vital role in protecting the country.
Podcasts
Fault Lines Episode 36: The Intelligence Community in Exile
Lester Munson Fri, Aug 7, 2020, 12:45 PM
Fault Lines welcomes Jeremy Bash, former Chief of Staff at the CIA and Department of Defense. What are the biggest challenges facing the intelligence community? How has the icy relationship between the President and the Intelligence Community impacted national security? Are trendy dances a national security threat? Jeremy and host Lester Munson, answer these questions and many more on this week’s episode of Fault Lines!
D.C. Circuit
House of Representatives Can Subpoena McGahn, En Banc DC Circuit Rules
Elliot Setzer Fri, Aug 7, 2020, 10:47 AM
On Friday the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, found that the House Judiciary Committee has standing to bring a lawsuit to enforce their subpoena against former White House counsel Don McGahn.
Data Protection
Better Transparency Reporting Can Shed Light on Russian Internet Censorship
Sergei Hovyadinov Fri, Aug 7, 2020, 9:01 AM
The Russian government has been trying to remove more and more content from online platforms in recent years. Companies have largely complied with the demands.