The Week That Was

The Week That Was: All of Lawfare In One Post

By Alex R. McQuade
Saturday, June 4, 2016, 10:02 AM

The 9/11 Military Commissions continued down at Guantanamo Bay this week. Susan Hennessey shared Chief Prosecutor Mark Martins’ statements in advance of the hearing. Clara Spera provided coverage of the commission’s morning and afternoon sessions on May 30.

Former Taliban leader Mullah Mansour wasn’t the only insurgent targeted by U.S. airstrikes in recent weeks. Robert Chesney flagged the Department of Defense’s strike in Somalia targeting an al Shabaab military commander and states that “it is very hard to tell how this strike relates to the presidential policy guidance on the use of force outside areas of active hostilities.”

Later in the week, Chesney questioned if the United States has quietly ramped up the air campaign against AQAP in Yemen.

Turning to our favorite presidential election cycle, Carrie Cordero analyzed the Department of Justice, Donald Trump, and the powers of the American presidency in a follow up to Benjamin Wittes’s post from last week.

Will a President Trump or President Clinton master "the art of the bluff?” Andrew Kenealy examined how presidents can leverage deception.

Speaking of a possible Trump presidency, Paul Rosenzweig pondered the powers of Trump and the Internet “kill switch.”

From Internet “kill switches” to “cyber bonds,” Paul also noted how Wall Street may hold the key to stopping cyber attacks.

Additionally, Paul flagged that the Society for Worldwide Interbank Financial Telecommunication has failed to take the most basic security steps to protect its network.

He also provided us ten years of observation on the European Union’s data protection.

Andrew Keane Woods commented on Silicon Valley’s regulatory lament.

Stewart Baker shared the latest Steptoe Cyberlaw Podcast, featuring an interview with Angelos Keromytis.

Phil Walter argued that defeating the Islamic State of Iraq and the Levant will strengthen the “global extremist ideology called the Islamic State.”

Paul Rosenzweig linked to a “must read” article on the Islamic State’s genocide.

In Sunday’s Foreign Policy Essay, Michele St. Amandt analyzed the resurgence of the Ku Klux Klan.

Curtis Bradley and Jack Goldsmith commented on how to limit JASTA’s adverse impact.

David Boscow highlighted how Israel is now talking to the ICC prosecutor.

Richard Nephew commented on what the United States can do to guard against a proliferation cascade in the Middle East.

Shane Reeves and Matthew Milikowsky questioned whether the United States military should receive the benefit of the doubt when investigating itself for alleged war crimes.

Cody Poplin released the latest Lawfare Podcast, highlighting the role of transparency in intelligence programs.

Ellen Scholl released the latest Hot Commodities, the “summer heat rising” edition.

Susan Hennessey released the latest Lawfare Research Paper, featuring Sahand Moarefy’s working paper entitled “Partially Unwinding Sanctions: The Problematic Construct of Sanctions Relief in the JCPOA.”

A. Dirk Moses reviewed Philippe Sand’s new book, East West Street: On the Origins of “Genocide” and “Crimes Against Humanity.”

Lawfare was happy to feature two new and exciting opportunities this week. Robert Chesney announced a cybersecurity fellowship for the 2016-2017 academic year at UT-Austin and Jack Goldsmith and Benjamin Wittes announced an opportunity for young lawyers to work with both the Hoover Institution and Lawfare.

And that was the week that was.