The Week That Was

The Week that Was: All of Lawfare in One Post

By Zachary Burdette
Saturday, September 24, 2016, 10:58 AM

Susan Hennessey and Benjamin Wittes argued that President Obama should not pardon Edward Snowden but should consider commuting Chelsea Manning’s sentence.

Wittes also responded to critics of the Washington Post editorial page piece opposing a Snowden pardon. 

Timothy Edgar further defended his position in favor of a possible Snowden pardon. (Edgard had made the case for pardoning Snowden last week, prompting Jack Goldsmith to respond.)

Quinta Jurecic added to the dialogue on the Snowden debate by discussing the nature of the president's pardon power.

Quinta also posted links to several resources on cyber issues, including a video of the New America Foundation’s “How Should We Govern Government Hacking?” panel, a statement from Senator Dianne Feinstein (D-CA) and Representative Adam Schiff (D-CA) on Russian hacking and attempts to influence the 2016 presidential election, and a CRS Report entitled “The Advocacy of Terrorism on the Internet: Freedom of Speech Issues and Material Support Statutes.”

Herb Lin explored the nature of attribution in the cyber domain.

Paul Rosenzweig questioned the scope of the term “property” in the ICANN transition.

Nicholas Weaver reported on the NSA and zero days, and noted one of the biggest denial of service attacks in history.

Marcel Bucsescu and Matthew Waxman commented on New York’s state-level cyber regulations for banks.

Robert Chesney analyzed the key questions regarding the interrogation of Ahmad Khan Rahami, and then provided an update on Rahami’s interrogation.

Nora Ellingsen reviewed information the Justice Department provided about the charges against Rahami.

J. Dana Stuster analyzed recent events in the Middle East, including the collapse of the Syrian ceasefire and the new U.S. aid package to Israel.

Ian Merritt and Kenneth Pollack argued that the United States needs to not only roll back the Islamic State but also develop a political and security framework that can mitigate the underlying governance crisis driving sectarian violence.

Dan Byman explored why some governments both fight and support terrorist groups operating in their countries.

Shane Reeves and David Wallace examined whether Turkey’s military control of portions of northern Syria constitutes belligerent occupation.

Elizabeth McElvein discussed public polling that suggests fewer Americans believe the GOP is more equipped to deal with external threats.   

Nora Ellingsen highlighted a terrorism prosecution case that illustrates the bureaucratic side of the extradition process.

John Bellinger commented on a recently introduced congressional bill that would strip state-owned companies of sovereign immunity status.

David Bosco discussed the ICC’s cooperation with national prosecutors.

Chris Mirasola summarized and analyzed recent developments related to the South China Sea.

Robert Chesney posted an article by Monica Hakimi on fair trial guarantees in armed conflict.

Kenneth Anderson recommended a new article by Rebecca Ingber on the relationship between designations of co-belligerency in international law and in domestic law such as the 2001 AUMF.

Itamar Mann reviewed Theoretical Boundaries of Armed Conflict and Human Rights, a new book edited by Jens David Ohlin that covers the law governing the use of force in counterterrorism. 

Stewart Baker posted the latest episode of Steptoe Cyberlaw Podcast. 

Quinta Jurecic uploaded the latest episode of the Lawfare Podcast

And Benjamin Wittes posted the latest episode of Rational Security

And that was the week that was.