The Week That Was

The Week That Was: All of Lawfare in One Post

By Zachary Burdette
Saturday, October 8, 2016, 8:44 AM

Benjamin Wittes explained why he is withholding commentary on reports that Yahoo is scanning emails for U.S. intelligence agencies, arguing that analysts should wait until the underlying documents are published, the facts are clearer, and it is apparent what legal authority the government cites for the program.

With those caveats in mind, Nick Weaver offered some tentative thoughts on the story.

Nick also warned of the need to prepare for chaos following potential Russian cyber interference with the election.

Jane Chong answered the question Benjamin Wittes posed last week: why do so many voters endorse Trump’s vision of national security that directly contravenes the bipartisan consensus of experts?

Rick Houghton wrote a primer on the ways military law does and does not constrain the political speech of retired military officers.

Zachary Burdette and Quinta Jurecic outlined the national security highlights from the vice-presidential debate.

Rita Siemion called for the moderator in that debate to ask the vice-presidential candidates to articulate their stances on a new AUMF to fight the Islamic State.

J. Dana Stuster updated the Middle East Ticker, discussing the Islamic State, the conflict in Syria, Shimon Peres, and JASTA.

Bruce Riedel outlined how JASTA will impact U.S.-Saudi relations.

John Bellinger suggested that presidential waiver authority might be a potential remedy to mitigate the effects of JASTA.

Michel Paradis discussed the passion driving JASTA’s passage, the compelling stories of 9/11 survivors.

Dan Byman explored the insights that historical analogies can provide into the Middle East’s contemporary problems.

Emma Borden delved into the details of the $1.7 billion payment that the United States made to Iran earlier this year.

Paige Pascarelli examined how the personal and the political interact in “lone wolf” terror attacks.

Chris Mirasola updated the Water Wars weekly roundup of news related to the South and East China Seas, focusing on regional military exercises and the the U.S.-Philippine defense relationship.

Julian Ku and Chris Mirasola assessed China’s compliance with the international tribunal ruling on the South China Sea.

Sarah Tate Chambers rounded up the U.S. government’s cases against Chinese cyber-criminals.

John DeLong and Susan Hennessey offered their account of a well-know NSA compliance incident, arguing that critics who insist NSA lawyers deliberately lied to the FISA court are missing the real story.

Bobby Chesney provided information on the NSA contractor who was recently arrested for bringing home classified materials.

Cameron Kerry offered “digital” policy recommendations for the next administration.

Michael Price explored the search and seizure controversies surrounding digital evidence.

Rachel VanLandingham discussed the procedural regulation of detention in armed conflict.

Nora Ellingsen summarized a new counterterrorism case in D.C.

David Bosco outlined what a team from the ICC will and will not do on its trip to Israel and Palestine.

Stephanie Leutert analyzed Colombia’s vote to reject the peace agreement with the FARC.

Jack Goldsmith and Benjamin Wittes announced the next Hoover Book Soiree on 13 October, which will feature David Priess’ new book on the history of presidential intelligence briefings.

Charlie Dunlap reviewed Rosa Brooks’ new book, How Everything Became War and the Military Became Everything: Tales from the Pentagon.

Quinta Jurecic posted the Lawfare Podcast, featuring an interview with Ms. Brooks from the last Hoover Book Soiree.

Benjamin Wittes uploaded the new episode of Rational Security, which covers the vice-presidential debate, JASTA, the NSA leaks, and reflections on the late Shimon Peres.

Stewart Baker provided the link to the latest Steptoe Cyberlaw Podcast, which covers Russian cyberattacks, splitting NSA and Cyber Command, pardoning Snowden, search warrants for computers, along with a news roundup.

And that was the week that was.