Durham Report
Notes on the Durham Report: A Reading Diary
A section-by-section analysis of the “Report on Matters Related to Intelligence Activities and Investigations Arising Out of the 2016 Presidential Campaigns” of May 12, 2023.
A section-by-section analysis of the “Report on Matters Related to Intelligence Activities and Investigations Arising Out of the 2016 Presidential Campaigns” of May 12, 2023.
Congress has been building a domestic legal framework for gray zone competition in the cyber domain. Now it is extending that effort to the broader context of information operations. This warrants close attention.
Domestic terrorism legislation is still useful—even if Jan. 6 rioters have been prosecuted without a federal law on the books.
Twitter v. Taamneh alters the Justice Against Sponsors of Terrorism Act’s vague aiding and abetting standard but provides limited clarity.
The government’s requests are aggressive and, extrapolating from judges’ previous sentencing practices, unlikely to be accepted in full.
The post-Title 42 rule aims to reduce asylum-seekers’ reliance on unauthorized entry but faces practical and legal hurdles.
The first class of Lawfare's cybersecurity and hacking course is now available to the public.
It’s complicated.
The two cases involve the First Amendment implications of public officials blocking others on social media.
Thursday was sentencing day for some senior Oath Keepers, and Lawfare Senior Editor Roger Parloff spent the day in court listening to and watching the sentencing of Elmer Stewart Rhodes III and Kelly Meggs, two Oath Keepers chieftains who were convicted of seditious conspiracy in connection with the Jan. 6 insurrection. They got a lot of time: Rhodes got 18 years; Meggs got 12. They also got a terrorism enhancement. It was a bad day if you're an Oath Keeper and a really bad day if you're a Proud Boy.
The investigation as it developed should not have been conducted by a federal prosecutor, and Attorney General Barr’s public commentary has seriously (and somewhat mysteriously) damaged the credibility of whatever Durham uncovers.
On Tuesday evenings starting on Sept. 20, you can take a live hacking class on Lawfare. Join us!
Recent revisions barring foreign lawyers in national security cases call into question Hong Kong’s commitment to its obligations under international human rights law.
Can the liberal international order survive the strategy to save it?
Policymakers can strengthen both the ASDA and ICADA within a national security context, using the CHIPS Act as a model for the drone sector.
Why has Nayib Bukele’s crackdown succeeded in “thwarting” criminal groups in El Salvador when so many others in the region have failed?
The United States needs to create a government-wide process to carefully weigh if and when it would ever use deepfakes.
The FTC shows again that some companies widely share Americans’ health data—and Congress needs to do more.
A small outcropping of sand occasionally breaks the vast expanse of the South China Sea. These islands are modest, even diminutive, but they form the core of a fierce territorial dispute among six primary claimants: Brunei, China, Malaysia, the Philippines, Taiwan, and Vietnam. These claimants also clash over their rights and duties in the nearby waters as well as the seabed underneath.
President Donald Trump tweeted Aug. 11 that “Military solutions are now fully in place, locked and loaded, should North Korea act unwisely.” Many observers have interpreted the president’s statement as doubling down on his earlier threats to use military force against North Korea.